U.S. Federal and State Cases, Codes, and Articles
Select a tab to search United States Cases, Codes, or Articles
U.S. Federal and State Cases, Codes, and Articles
Select a tab to search United States Cases, Codes, or Articles
Search for cases
Indicates required field
Search by keyword or citation
Indicates required field
Search blogs, article pages, and cases and codes
Indicates required field
Current as of January 01, 2022 | Updated by FindLaw Staff
(a) Investigation.--
(1) An agency shall investigate each report made under section 302. 1
(2) The investigation shall be initiated immediately for a priority report, and, to the extent feasible, the agency shall conduct a face-to-face interview with the reported adult in need of protective services.
(3) The investigation shall be initiated within 72 hours for a nonpriority report.
(4) The department shall adopt regulations providing for the methods of conducting investigations under this section and shall assure that steps are taken to avoid any conflict of interest between the investigator and service delivery functions.
(5) Reports and investigations conducted under this section shall comply with the provisions of Chapter 5, where applicable.
(b) Investigation involving licensed facilities.--
(1) A report concerning adults residing in a State-licensed facility shall be reported to the appropriate State licensing department and investigated under procedures developed by the department in consultation with the bureau responsible for the licensure of the facility.
(2) The protective services agency may seek judicial relief to require the facility to protect the health and safety of the adult when the licensed program is believed to continue to jeopardize the adult's health and safety through evidence of risk substantiated.
(c) Unsubstantiated reports.--If after investigation by the agency a report is unsubstantiated, the case shall be closed, and all information shall be maintained for a period of one year under procedures established by the department.
(d) Substantiated reports.--
(1) The agency shall provide for a timely assessment of the adult if a report is substantiated by the agency or if an assessment is necessary in order to determine whether the report is substantiated. An adult may refuse the assessment.
(2) Upon completion of the assessment, written findings shall be prepared that include recommended action. A service plan shall be developed and shall:
(i) Provide for the least restrictive alternative and encourage choice and continuity of care.
(ii) Assure that services and supports are provided in the most integrated setting.
(iii) Absent a court order, not include the relocation of the adult unless the adult consents.
(iv) Be written in plain language whenever possible and prepared in a manner which can be easily understood by an adult in need of protective services or that adult's appointed guardian.
(v) Be in writing and include a recommended course of action that may include the pursuit of civil or criminal remedies.
(3) If an adult who is found to be in need of protective services refuses an assessment or the development of a service plan, the agency may apply to the case the provisions of section 307. 2
Cite this article: FindLaw.com - Pennsylvania Statutes Title 35 P.S. Health and Safety § 10210.303. Investigations of reports of need for protective services - last updated January 01, 2022 | https://codes.findlaw.com/pa/title-35-ps-health-and-safety/pa-st-sect-35-10210-303/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)