The Adult Protective Services Technical Assistance Resource Center (APS TARC) has developed an APS Workload Tool to help APS programs better understand, project, and manage their workload needs.
The tool is a Microsoft Excel spreadsheet consisting of three parts, each on a separate worksheet tab:
- Understand – This tab provides a beginning framework to understand the steps in your workflow process. Better understanding of workflow will result in better projections of workload needs and management.
- Project – This tab provides metrics and instructions for estimating the number of needed FTEs for caseworker positions.
- Manage – This tab provides concepts and metrics for managing the workload of casework staff. Some of the data, particularly the metrics in the caseload/case flow section of the tool, is used to project the number of needed FTEs.
The National Center on Law and Elder Rights (NCLER) maintains a list of severe weather resources:
- Legal Aid Disaster Resource Center: This resource center has legal resources and critical information for legal aid professionals, pro bono volunteers, and the disaster survivors they assist.
- Practicing Law Institute: New Developments in Climate Disaster Response & Resilience: Pro Bono Net, Lone Star Legal Aid, and Equal Justice Works provide a comprehensive overview of the legal landscape after a disaster. The training is available at no cost (it just requires creating an account to access the program).
- Ready—Winter Weather: Ready provides information on preparing for and responding to winter weather and provides a social media toolkit for communications.
- NCLER: Programs to Keep Older Adults Connected to Energy and Utility Services: This training provides steps and information that can help households keep the utilities on, including in situations where there is a disconnection risk during a period of extreme temperatures.
- NCLER: Addressing Housing Issues Facing Older Adults Following a Natural Disaster: This training discusses common housing issues faced by homeowners and renters following a natural disaster, and tips for how advocates working with older adults can assist them pre-disaster.
- NCLER: Preserving Homeownership: Tangled Title & Associated Probate Issues: Tangled title or deed issues can be a barrier to accessing loans or grants for home repairs and for utility or property tax assistance programs, which may be needed after a weather incident. This training shares what advocates can do to help clients untangle and clear up title to a property.
- National Consumer Law Center (NCLC)—Disaster Relief & Consumer Protection: NCLC provides resources for consumers and advocates on mitigating the impact of disasters, covering topics like housing relief, avoiding home repair fraud, and utility issues.
- DisasterAssistance.gov: This resource provides disaster survivors with information, support, services, and a means to access and apply for disaster assistance through joint data-sharing efforts between federal, tribal, state, local, and private sector partners.
Long-Term Care (LTC) Ombudsmen play a vital role in the protection of adults, especially those in long-term care facilities such as nursing homes, adult care homes, and other residential care settings in North Carolina. Here’s how they contribute to adult protection:
Advocacy for Residents
LTC Ombudsmen advocate for the rights and well-being of residents in long-term care facilities. They ensure that residents are treated with respect and dignity, receive appropriate care, and live in a safe and clean environment.
Investigation of Complaints
One of the main roles of an ombudsman is to investigate complaints made by or on behalf of residents. These complaints can range from issues of neglect, abuse (both physical and emotional), financial exploitation, or violations of rights.
Education
Ombudsmen provide information and guidance to residents, their families, and facility staff about residents’ rights and good care practices. They also educate the public and policymakers about long-term care issues.
Witnessing Documents
In North Carolina, LTC Ombudsmen may serve as witnesses for residents signing certain legal documents, like advance directives. This helps ensure that residents are making informed decisions without undue influence.
Regular Visits to Facilities
By regularly visiting long-term care facilities, ombudsmen establish a visible presence that can deter potential neglect or abuse. These visits also allow ombudsmen to build relationships with residents and staff, making it easier for residents to voice concerns.
Collaboration
LTC Ombudsmen collaborate with other agencies and organizations involved in adult protection, such as Adult Protective Services (APS), the Division of Health Service Regulation, and local law enforcement. They can refer cases when necessary and work together to address systemic issues. Due to federal confidentiality requirements, an ombudsman can’t make an APS report unless the resident or the resident’s legal representative gives explicit consent to disclose their identity, or the ombudsman has direct, firsthand knowledge of an incident of abuse, neglect or exploitation in a long-term care facility. North Carolina Division of Aging and Adult Services policy (p. 26 of the Long Term Care Ombudsman Program Manual) provides guidance to ombudsmen in situations where abuse or neglect is suspected and the resident or their legal representative refuses to provide the necessary consent.
Systemic Advocacy
Beyond individual complaints, ombudsmen identify patterns and trends in long-term care settings. They can then advocate for systemic changes at the local, state, or federal level, pushing for better regulations, policies, and practices that ensure the safety and well-being of residents.
Confidentiality
The LTC Ombudsman program provides a confidential avenue for residents and their families to report concerns. This ensures that those who might be reluctant to come forward due to fear of retaliation have a safe way to voice their issues.
Empowerment
By informing residents of their rights and supporting them in voicing their concerns, ombudsmen empower residents to be their own advocates and stand up against neglect, abuse, and exploitation.
In summary, the Long-Term Care Ombudsman Program in North Carolina plays a multi-faceted role in adult protection. LTC Ombudsmen not only serve as direct advocates for residents in long-term care facilities but also work on larger systemic issues, ensuring a safer and more dignified environment for some of North Carolina’s most vulnerable citizens.
Legal, aging, and disability services providers can serve as a critical resource for older adults and other at-risk populations to address issues that may come up as a result of severe weather, such as loss of utility service, home damage, and insurance claims.
These resources, shared by the National Center on Law and Elder Rights (NCLER), can assist advocates in the development and promotion of services to help impacted individuals:
- Legal Aid Disaster Resource Center: This resource center has legal resources and critical information for legal aid professionals, pro bono volunteers, and the disaster survivors they assist.
- Practicing Law Institute: New Developments in Climate Disaster Response & Resilience: Pro Bono Net, Lone Star Legal Aid, and Equal Justice Works provide a comprehensive overview of the legal landscape after a disaster. The training is available at no cost (it just requires creating an account to access the program).
- Ready—Winter Weather: Ready provides information on preparing for and responding to winter weather and provides a social media toolkit for communications.
- NCLER: Programs to Keep Older Adults Connected to Energy and Utility Services: This training provides steps and information that can help households keep the utilities on, including in situations where there is a disconnection risk during a period of extreme temperatures.
- NCLER: Addressing Housing Issues Facing Older Adults Following a Natural Disaster: This training discusses common housing issues faced by homeowners and renters following a natural disaster, and tips for how advocates working with older adults can assist them pre-disaster.
- NCLER: Preserving Homeownership: Tangled Title & Associated Probate Issues: Tangled title or deed issues can be a barrier to accessing loans or grants for home repairs and for utility or property tax assistance programs, which may be needed after a weather incident. This training shares what advocates can do to help clients untangle and clear up title to a property.
- National Consumer Law Center (NCLC)—Disaster Relief & Consumer Protection: NCLC provides resources for consumers and advocates on mitigating the impact of disasters, covering topics like housing relief, avoiding home repair fraud, and utility issues.
- DisasterAssistance.gov: This resource provides disaster survivors with information, support, services, and a means to access and apply for disaster assistance through joint data-sharing efforts between federal, tribal, state, local, and private sector partners.
The National Center on Law and Elder Rights (NCLER) provides aging and disability communities with the tools and resources they need to serve older adults with the greatest economic and social needs. A centralized, one-stop shop for legal assistance, NCLER provides legal training, case consultations, and technical assistance on legal systems development. Justice in Aging administers NCLER through a contract with the Administration for Community Living’s Administration on Aging.
NCLER offers a range of services to APS professionals, including training and technical assistance. These services help APS professionals better understand and address legal issues affecting older adults, such as abuse, financial exploitation, guardianship, and more.
APS professionals can reach out to NCLER for technical assistance when they have questions or need guidance on legal matters concerning older adults. Visit the NCLER website for information on upcoming training events, webinars, and available resources, or to sign up for their newsletter.
The Center for Public Leadership and Governance (CPLG) at the UNC School of Government released a podcast in October 2023, hosted by Patrice Roesler, Manager of Elected Official Programming at the CPLG, featuring an interview with Meredith Smith and Kristy Preston from the Adult Protection Network. The purpose of the podcast is to help educate elected leaders about the work being done to help counties build strong community networks to protect vulnerable adults.
Listen to the podcast and share with the elected leaders in your community!
Podcast: Growing Old in North Carolina? Who Cares?
For most of us, we whine and complain about our ailments and then move on to the next topic of the day. That’s not reality for many older adults. In this podcast, we explore the School of Government’s Adult Protection Network, and how elected officials can help build stronger adult protection networks in their communities.
Adult protective services (APS) social workers in North Carolina have significant duties and powers to protect disabled adults who are at risk of abuse, neglect, or exploitation and in need of protective services. Their primary role is to ensure the safety, well-being, and self-determination of these adults. Here are the key duties and powers of APS social workers in North Carolina:
Evaluation
APS social workers are responsible for receiving and assessing reports or referrals regarding potential abuse, neglect, or exploitation of disabled adults in need of protective services. They conduct thorough evaluations to gather relevant information, interview involved parties, and assess the safety and well-being of the adult in question.
Assessment
APS social workers assess the physical, mental, emotional, and social well-being of disabled adults to determine their needs and the level of risk they face. They evaluate factors such as living conditions, access to necessary services, medical conditions, cognitive functioning, and the presence of any signs of abuse, neglect, or exploitation.
Safety Planning
If an APS social worker determines that a disabled adult is in immediate danger, they develop and implement safety plans. These plans aim to protect the adult from further harm and may involve coordinating emergency interventions, arranging for temporary shelter, or facilitating access to protective services.
Collaboration and Coordination
APS social workers collaborate with various agencies, professionals, and community resources to ensure the safety and well-being of disabled adults. They work closely with law enforcement, healthcare providers, legal authorities, and other social services agencies to coordinate interventions, share information, and provide appropriate services.
Supportive Services
APS social workers connect disabled adults with supportive services and resources. They assess the individual’s needs and make referrals to community-based programs, healthcare providers, counseling services, Legal Aid, and other relevant resources that can help address their specific challenges and protect their well-being.
Protective Interventions
In situations where immediate safety is at risk or when individuals are unable or unwilling to accept assistance voluntarily, APS social workers may initiate protective interventions. This can include seeking court orders, initiating guardianship proceedings, or coordinating with law enforcement to ensure the individual’s safety.
Documentation and Reporting
APS social workers maintain accurate and detailed records of their evaluations, assessments, interventions, and services provided. They document their findings, recommendations, and the actions taken to protect the disabled adult. They also have a legal duty to report suspected abuse, neglect or exploitation of a disabled adult to the district attorney as required by G.S. 108A-9.
It’s important to note that APS social workers in North Carolina operate within the framework of state laws, regulations, and agency policies. Consulting the North Carolina Department of Health and Human Services, the local Department of Social Services, or legal professionals specializing in elder law can provide more comprehensive information on the duties and powers of APS social workers.
