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Nye Frank

US Code 17 - All Chapters Re: copyright - 0 views

Nye Frank

NCEA: Clearinghouse on Abuse and Neglect of the Elderly (CANE) - 0 views

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    9 Table of Contents Page I. Adult Protective Services Cases 11 II. Introduction 11 A. Definition of Adult Protective Services 12 B. Background 12 C. Attempts at a Nationwide Picture 12-13 III. Purpose 13-14 IV. Methods 14 A. Sample 14 B. Procedure 14 C. Data Collection Instrument 15 D. Study Limitations 15 V. Findings 15 A. Statutory and Program Information 15-16 B. Statutorily Authorized Populations Served by APS 17 C. Program Administration 17-18 D. Investigatory Authority 18-19 E. Reporters of Elder/Adult Abuse 19-20 F. Failure to Report Abuse 20-21 G. Timeframes for Failure to Report Abuse 22 H. Prosecution Rates for Failure to Report 22 VI. Investigatory Requirements 22 A. Time Frames for Beginning an Investigation 22-23 B. Length of Investigation 23 C. Categories of Alleged Mistreatment Investigated by APS 24 VII. Reports Received, Reports Investigated, and Reports Substantiated 24 A. Total Number of Reports Received 24-25 B. Numbers of Reports by Complainant 25-26 C. Total Number of Reports Investigated 26 D. Total Number of Reports Substantiated 27-29 E. Substantiated Reports by Age Categories 29-30 F. Allegations Substantiated by Category 30-31 VII. The Victims in the Reports 31 A. Gender 31-32 B. Race/Ethnicity of Victims 32 C. Age of Victims 33-34 D. Reports/Investigations by Setting 34-35
Nye Frank

Adult Protective Services - General - 0 views

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    "Page 1 DEPARTMENT OF HUMAN SERVICES SENIORS AND PEOPLE WITH DISABILITIES DIVISION OREGON ADMINISTRATIVE RULES CHAPTER 411 DIVISION 20 ADULT PROTECTIVE SERVICES -- GENERAL 411-020-0000 Purpose and Scope of Program (Effective 7/1/2005) (1) Responsibility: The Department of Human Services (DHS) Seniors and People with Disabilities (SPD) has responsibility to provide Adult Protective Services to older adults and to adults with disabilities whose situation is within its jurisdiction to investigate. (2) Intent: The intent of the program is to provide protection and intervention for adults who are unable to protect themselves from harm and neglect. (3) Scope of Services: The scope of services includes: (a) Receiving reports of abuse, neglect or self-neglect; (b) Providing and documenting risk assessment of reported victims; (c) Conducting and documenting investigations of reported wrongdoing; and (d) Providing appropriate resources for victim safety. (4) Availability: Adult Protective Services are available from the Department to any adult resident of a DHS-licensed facility, to Nursing Facility residents regardless of age, and to any adult residing in the community who meets the eligibility criteria listed in OAR 411-020-0015. Page 1 of 27 Page 2 (5) Statutory and Administrative Rule Guidance: Oregon has adopted laws and administrative rules to address different types of abuse or neglect to vulnerable adults. See Section 411-020-0010, Authority and Responsibility. (6) Intervention Model: (a) As a human services agency, the Department embraces a social model of intervention with a primary focus on offering safety and protection to the reported victim. The over-arching ethical value in Adult Protective Services is the obligation to balance the duty to protect older adults and adults with disabilities with the duty to protect their rights to self-determination. (b) The Department relies upon other key sources, such as law enforcement, legal, medical, and regulatory professi
Nye Frank

759. Arbitrary Administrative Discretion-Federal Court Riverside Officials - 0 views

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    " Is this what Riverside County includes. Second time to Fraudulently state false facts to deny elder rights. Perjury Knowingly making false statement of material fact of falsely denying knowledge of a material fact is perjury, a felony. If you are aware of possible perjury, contact the appropriate enforcement agency or your County Attorney's Office immediately. Description This section is from the book "The Constitutional Law Of The United States", by Westel Woodbury Willoughby. Also available from Amazon: Constitutional Law. 759. Arbitrary Administrative Discretion Generally speaking, it may be said that while wide discretionary power may constitutionally be granted to administrative agents, that discretion must be one which must be guided by reason, justice, and impartiality, and must be exercised in the execution of policies predetermined by legislative act, or fixed by the common law. In Yick Wo v. Hopkins29 the court laid down the doctrine that the legislative investment of purely personal and arbitrary power in the hands of any public official is a denial of due process of law. " The very idea," say the court, "that one man may be compelled to hold his life, or the means of living, or any material right essential to the enjoyment of life, at the mere will of another, seems to be intolerable in any country where freedom prevails, as being the essence of slavery itself." 30 Of the ordinances in question the court say: "They seem intended to confer and actually do confer, not a discretion upon consideration of the circumstances of each case, but a naked and arbitrary power to give or withhold consent, not as to places but as to persons. . . . The power given to them [the supervisors] is not confided to their discretion in the legal sense of that term, but is granted to their mere will. It is purely arbitrary, and acknowledges neither guidance, nor restraint." 29 118 U. S. 35G; 6 Sup. Ct. Rep. 1004: 30 L. ed. 220. 30 Quoting and approving City of Balt
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    Perjury Knowingly making false statement of material fact of falsely denying knowledge of a material fact is perjury, a felony. If you are aware of possible perjury, contact the appropriate enforcement agency or your County Attorney's Office immediately.
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