Pennsylvania Statutes Title 35 P.S. Health and Safety § 10225.303. Investigations of reports of need for protective services

(a) Investigation.--It shall be the agency's responsibility to provide for an investigation of each report made under section 302.  1  The investigation shall be initiated within 72 hours after the receipt of the report and shall be carried out under regulations issued by the department.  These regulations shall provide 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.  Reports and investigations under this section shall comply with Chapter 7,  2 where applicable.

(b) Investigation involving licensed facilities.--Any report concerning older adults residing in a State-licensed facility shall be investigated under procedures developed by the department in consultation with the State agency licensing such facility.  If the report concerns a resident of a State-licensed facility for whom the area agency on aging provides ombudsman services, the ombudsman of the area agency on aging must be notified.

(c) Unsubstantiated reports.--If, after investigation by the agency, the report is unsubstantiated, the case shall be closed and all information identifying the reporter and the alleged abuser shall be immediately deleted from all records.  For purposes of substantiating a pattern of abuse, neglect, exploitation or abandonment, the name of the alleged victim and any information describing the alleged act of abuse, neglect, exploitation or abandonment may be maintained for a period of six months under procedures established by the department.

(d) Substantiated reports.--If the report is substantiated by the agency, or if the client assessment is necessary in order to determine whether or not the report is substantiated, the agency shall provide for a timely client assessment if the older adult consents to an assessment.  Upon completion of the assessment, written findings shall be prepared which shall include recommended action.  This service plan shall provide for the least restrictive alternative, encouraging client self-determination and continuity of care.  The service plan shall be in writing and shall include a recommended course of action, which may include the pursuit of civil or criminal remedies.  If an older adult found to be in need of protective services does not consent to a client assessment or the development of a service plan, the agency may apply to the case the provisions of section 307.  3