5-015.01 APS Introduction

473 NAC 5-015.01

The Nebraska Legislature has placed the authority and responsibility for investigation and intervention in situations of abuse/neglect of vulnerable adults with the Department of Social Services and local law enforcement agencies. The Department shall arrange, with the consent of the adult and/or the adult's representative (or in the adult's best interest, in cases of suspected incapacity) for services necessary and appropriate under the circumstances to protect him/her from abuse or neglect. Services are provided based upon the following:

1. Every individual holds certain rights, including the rights to self-determination and to privacy;

2. The incapacitated or disabled adult has the right to be protected from abuse/neglect, whether this abuse/neglect is self-inflicted or perpetrated by another person;

3. The abused/neglected adult has the right to be informed. Department staff shall inform him/her, of the consequences of his/her actions or inactions. The Department recognizes that a competent individual may choose to continue in what is perceived to be a harmful situation. When the adult does not have the capacity to remedy the abuse/neglect, the Department shall intervene using the least restrictive approach;

4. The abused/neglected adult has the right to participate in decisions affecting his/her life. When it is appropriate, family members should participate in decisions involving an abused/neglected family member;

5. While recognizing the importance of family and community input, the abused/neglected adult is the primary client, and the Department's first responsibility is to the client;

6. The abused/neglected adult and his/her family have the right to confidentiality and to a system that provides necessary services to all members of the family; and

7. Adult protective services are only part of a system which must include the resources of the entire community to effectively protect incapacitated or disabled adults from abuse/neglect.

5-015.01A Legal Basis

5-015.01B APS Goal