Georgia Adult Protective Services
Authority for Adult Protective Services is found at O.C.G.A. § 30-5-1 et seq. The stated purpose of the Act ” is to provide protective services for abused, neglected, or exploited disabled adults and elder persons. It is not the purpose of this chapter to place restrictions upon the personal liberty of disabled adults or elder persons, but this chapter should be liberally construed to assure the availability of protective services to all disabled adults and elder persons in need of them.” See O.C.G.A. § 30-5-2. Definitions, including those for abuse, caretaker, neglect, essential services, are found at O.C.G.A. § 30-5-3.
The following groups are mandatory reporter:
In addition, employees at financial institutions with reason to believe exploitation has taken place must report. A member of the staff of a hospital, social agency, financial institution, or similar facility must make a report when he or she believes APS services are needed. Everyone else is a permitted reporter. Persons required to make a report may be charged with a misdemeanor if they fail to make a report. Persons reporting are entitled to confidentiality, except that prosecutors and law enforcement may have access. If they testify at a hearing, they have immunity from civil or criminal liability for making the report and for their testimony unless such person acted in bad faith, with a malicious purpose, or was a party to such crime or fraud.
O.C.G.A. § 30-5-5 authorizes caseworkers to seek an order from the Court if access is denied when investigating reports of abuse or neglect. The Court where the petition is filed is the probate court for the county of residence of the disabled adult or elder person or the county in which such person is found.
If the suspected victim has capacity, then “services may not be provided under this chapter to any person who does not consent to such services or who, having consented, withdraws such consent.” See O.C.G.A. § 30-5-5(e) (emphasis added). In other words, paternalism is not permitted when the alleged victim has capacity.
The Georgia Adult Protective Services Manual, MAN5500, is available online. The official version is at https://odis.dhs.ga.gov/General/Home/DownloadDoc/4004139. Below is an unofficial mirror.
Last Updated: October 20, 2023
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Appendix A – Manual Transmittal Cover Letters
Appendix B – HOLD
Appendix D – APS Contact & Documentation Standards
Appendix E – Other Agency Referral Forms
Appendix F – Engaging the Reporter
Appendix G – Assessment and Investigation Forms
Appendix I – APS Field Safety Guide
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