Pennsylvania Administrative Code

§ 15.122. Protective services casework training curriculum. The protective services casework training curriculum shall consist of comprehensive training including the following topics: (1) An overview of abuse, neglect, exploitation and abandonment. (2) Laws and regulations of th…

§ 15.123. Protective services investigation training curriculum. The protective services investigation training curriculum shall consist of comprehensive training including the following topics: (1) Laws and regulations of the Commonwealth related to investigations and criminal p…

§ 15.124. Protective services intake training curriculum. The protective services intake training curriculum shall consist of training including the following topics: (1) Interviewing the reporter. (2) Completion of the report form. (3) Preliminary case status assessment to deter…

§ 15.125. Availability of training. (a) The Department will provide for the development of training curricula described in this section and will require the training to be conducted on a timely and recurring basis. The Department will also provide for annual in-service training. …

§ 15.126. Training evaluation. A person who completes the training set forth for each job function in § 15.121 (relating to protective services staff qualifications) shall complete written evaluations that assess competencies achieved by the learner. Cross References This section…

§ 15.127. In-service training. (a) In addition to the required training set forth in § § 15.122 and 15.123 (relating to protective services casework training curriculum; and protective services investigation training curriculum), protective services supervisors and protective ser…

§ 15.13. Organization and structure of protective services functions. (a) General organization. The area agency on aging may provide protective services directly or under a purchase of services contract with another provider agency. In either case, the area agency on aging is res…

CRIMINAL HISTORY RECORD INFORMATION REPORTS § 15.141. Prospective facility personnel. (a) General rule. A facility shall require applicants for employment to submit applications with a criminal history report, obtained within 1 year immediately preceding the date of application, …

§ 15.142. Employee requirements. (a) The following employees are required to submit a criminal history report: (1) Administrators and operators who have direct contact with clients and who began serving as administrators and operators after July 1, 1998. Residents of this Commonw…

§ 15.143. Facility responsibilities. (a) A facility may not hire an applicant nor retain an employee required to submit a criminal history report if the criminal history report reveals a felony conviction under The Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. § §…

§ 15.144. Procedure. (a) Applicants and employees required to obtain a criminal history report from the State Police may obtain forms from a State Police facility. (1) The State Police may charge a fee of not more than $10. A facility’s check, cashier’s check, certified check or …

§ 15.145. Applicant or employee rights of review. (a) An applicant or employee may review, challenge and appeal the completeness or accuracy of the applicant’s or employee’s criminal history report under 18 Pa.C.S. § § 9125 and 9152—9183 or 28 CFR 16.34 (relating to procedure to …

§ 15.146. Provisional hiring. (a) Facilities may employ applicants on a provisional basis for a single period not to exceed 30 days for applicants requesting a State Police criminal history record, and a single period not to exceed 90 days for applicants requesting a Federal crim…

§ 15.147. Violations. (a) Administrative. (1) An administrator or designee or facility owner-operator who intentionally or willfully fails to comply or obstructs compliance with § § 15.141—15.146 commits a violation of this chapter and shall be subject to an administrative penalt…

REPORTING SUSPECTED ABUSE § 15.151. General requirements. (a) Administrators or employees who have reasonable cause to suspect that a recipient is a victim of abuse shall: (1) Immediately make an oral report to the agency. (2) Make a written report to the agency within 48 hours. …

§ 15.152. Additional reporting requirements. (a) Administrators or employees who have reasonable cause to suspect that a recipient is the victim of sexual abuse, serious physical injury or serious bodily injury, or that a recipient’s death is suspicious, shall, in addition to the…

§ 15.153. Contents of reports. (a) Written reports under § § 15.151 and 15.152 (relating to general requirements; and additional reporting requirements) shall be made on forms supplied or approved by the Department. (b) The report shall include, at a minimum, the following inform…

§ 15.154. Reports to Department and coroner by agencies. (a) Department. (1) Within 48 hours of receipt of a written report under § 15.152 (relating to additional reporting requirements) involving sexual abuse, serious physical injury, serious bodily injury or suspicious death, t…

§ 15.155. Investigation. (a) Agency response. Upon receipt of a report under § § 15.151 and 15.152 (relating to general requirements; and additional reporting requirements), the agency shall respond as follows: (1) If the victim or recipient is 60 years of age or older, the agenc…

§ 15.156. Restrictions on employees. (a) Upon notification that an employee is alleged to have committed abuse, the facility shall immediately develop and implement an individual plan of supervision or, when appropriate, suspension of the employee. The facility shall submit to th…

§ 15.157. Confidentiality of and access to confidential reports. (a) General rule. Except as provided in subsection (b) and § 15.105 (relating to limited access to records and disclosure of information), all information concerning a report under this chapter shall be confidential…

§ 15.158. Penalties. (a) Administrative. (1) An administrator or a designee or facility owner who intentionally or willfully fails to comply or obstructs compliance with § § 15.151—15.157 or who intimidates or commits a retaliatory act against an employee who complies in good fai…

§ 15.159. Immunity. An administrator or a facility will not be held civilly liable for any action directly related to good faith compliance with this chapter. Source The provisions of this § 15.159 adopted May 17, 2002, effective May 18, 2002, 32 Pa.B. 2412.

OTHER ADMINISTRATIVE PROVISIONS § 15.161. Waivers. (a) The Department may, at its discretion and for justifiable reason, grant exceptions to and departures from this chapter to an area agency on aging when the area agency on aging can, by clear and convincing evidence, demonstrat…

§ 15.2. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Abandonment—The desertion of an older adult by a caretaker. Abuse— (i) The occurrence of one or more of the following acts: …

REPORTING SUSPECTED ABUSE, NEGLECT,ABANDONMENT OR EXPLOITATION § 15.21. General reporting provisions. (a) A person who has reasonable cause to believe that an older adult needs protective services may report this to the local provider of protective services. An area agency on agi…

§ 15.22. Safeguards for those who make or receive reports. (a) Protection from retaliation. Under the act, a person or entity who takes discriminatory, retaliatory or disciplinary action against an employee or other person who makes a report, against a person who cooperates with …

§ 15.23. Receiving reports; general agency responsibility. (a) Twenty-four hour capability. The agency shall be capable of receiving reports of older adults in need of protective services 24-hours-a-day, 7 days-a-week-including holidays. This capability may include the use of a l…

§ 15.24. Receiving reports; agency intake process. (a) Personnel who may receive reports. A report shall be received only by persons who have received training on the minimum requirements and procedures for receiving, recording, screening and referring reports under § 15.124 (rel…

§ 15.25. Report form and content. (a) Standardized reports. An initial report received shall be committed to writing on the standardized report form required by the Department. Information subsequently obtained through investigations may be reported on other forms or sheets of pa…

§ 15.26. Screening and referral of reports received. (a) Screening. A person meeting the qualifications in § 15.121(c)(3) (relating to protective services staff qualifications) who receives a report shall screen the report during and immediately following receipt of the report to…

§ 15.27. Handling of completed reports. (a) Reports to be signed. Completed report forms shall be signed by the person who received the report. (b) Appropriate routing of reports. A completed report form shall be promptly routed to appropriate staff of the agency under § 15.26(b)…

INVESTIGATING REPORTS OF NEED FORPROTECTIVE SERVICES § 15.41. Reports required to be investigated. (a) General. The agency shall provide for an investigation of a report received under § 15.23 (relating to receiving reports; general agency responsibility) and referred under § 15.…

§ 15.42. Standards for initiating and conducting investigations. (a) Requirements by report category. (1) Emergency report. (i) The investigation of a report categorized as emergency shall be initiated immediately following the referral of the report. The protective services case…

§ 15.43. Resolution of unsubstantiated reports. (a) When, upon investigation of a report, it is determined that there is no need for protective services, the report shall be classified as unsubstantiated. (b) A case opened by an unsubstantiated report shall be closed and informat…

§ 15.44. Resolution of substantiated reports. (a) When an investigation confirms the details of a report made under § 15.23 (relating to receiving reports; general agency responsibility) or determines that the subject of the report is an older adult in need of protective services…

§ 15.45. Situations involving State-licensed facilities. (a) General. The following apply to investigations of reports concerning older adults who reside in State-licensed facilities: (1) The agency continues to maintain its general responsibility for protective services when a l…

§ 15.46. Law enforcement agencies as available resources. (a) General. This chapter may not be interpreted to deny an older adult who needs protective services access to the normal protections available from the police and other law enforcement agencies as appropriate. (b) Intera…

§ 15.47. Emergency medical services as available resources. This chapter may not be interpreted to deny an older adult who needs protective services access to the normal protections of the emergency medical services that would be available to anyone, regardless of age, in similar…

AGENCY ACCESS TO PERSONS AND RECORDS § 15.61. Access to older adults. (a) Access assured by law. The agency shall have access to older adults who have been reported to need protective services to: (1) Investigate reports received under this chapter. (2) Assess the older adult’s n…

§ 15.62. Access to records. (a) Access assured by law. The agency shall have access to records relevant to: (1) Investigations of reports received under this chapter. (2) The assessment of need and the development of a service plan when an older adult’s need for protective servic…

§ 15.63. Access by consent. The agency’s access to confidential records held by other agencies or individuals and the agency’s access to an older adult reported to need protective services shall require the consent of the older adult or a court-appointed guardian except as provid…

EMERGENCY INTERVENTION § 15.71. Involuntary intervention by emergency court order. (a) General. When there is clear and convincing evidence that, if protective services are not provided, the older adult to be protected is at imminent risk of death or serious physical harm, the ag…

§ 15.72. Petition. (a) Contents. The petition which the agency files for an emergency court order of involuntary intervention shall state the following information: (1) The name, age and physical description of the older adult insofar as these facts have been ascertained. (2) The…

§ 15.73. Court appointed counsel. The act requires that an emergency order under this section provides that the older adult has the right to legal counsel. If no representation for the older adult is present at the time the emergency order is requested, the agency shall inform th…

§ 15.74. Forcible entry. When the agency requests a court order for forcible entry to the premises where an older adult at imminent risk of death or serious physical harm is located, the agency shall request the court to direct that a local or State police officer carry out the f…

§ 15.75. Health and safety requirements. The agency shall take reasonable steps to assure protection of the older adult’s dependents and property while the older adult is receiving services under an emergency court order. The agency is not responsible for the actual provision of …