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Referrals to local law enforcement (House Bill (HB) 2344 & Senate Bill (SB) 1421) Local department of social services staff will be responsible for reviewing all reports submitted electronically by the Adult Protective Services hotline to the local department of social services and if necessary to make appropriate referrals to law enforcement. The circumstances that require a referral to law enforcement include:
- Sexual abuse as defined in § § 18.2-67.10;
- Death that is believed to be the result of abuse or neglect;
- Serious bodily injury or disease as defined in § 18.2-369 that is believed to be the result of abuse or neglect;
- Suspected financial exploitation of an adult; or
- Any other criminal activity involving abuse or neglect that places the adult in imminent danger of death or serious bodily harm.
Restrictions on visiting, interacting, or communicating with an incapacitated person (House Bill (HB) 2027)
HB 2027 clarified when a guardian can restrict a person from visiting, interacting, or communicating with an incapacitated adult. It also established a process for guardians to notify certain parties of any restrictions. The restriction must have a purpose such as “to prevent physical, mental or emotional harm to, or financial exploitation of the incapacitated person.”
Guardians must provide written notice, using a form created by Office of the Executive, of the restriction to:
- The restricted person
- The incapacitated person (unless the guardian believes providing the notice may be detrimental to the health and safety of the incapacitated person)
- The appropriate local department of social services
- The circuit court that appointed the guardian
- The facility where the individual resides (if applicable)
Restricted individuals may challenge the restriction in the court pursuant to § 64.2-2012 of the Code of Virginia.
Required visits by a guardian (House Bill (HB) 2028)
HB 2028 requires a guardian to visit an incapacitated adult at least three times a year, or every 120 days. The guardian should conduct at least two of the visits, virtually or in-person. The third visit may be conducted by a family member at the request of the guardian or by a professional.
Sharing information with guardians ad litem (House Bill (HB) 2063 and Senate Bill (SB) 1144)
HB 2063 and SB 1144 authorizes guardian ad litem (GALs) to request information relevant to a guardianship or conservatorship proceeding from certain individuals and entities, including local departments of social services. The request will be accompanied by a court order (1) appointing the GAL and (2) permitting the release of information. The local department of social services cannot charge a fee to GAL to produce and supply the records. However, they may submit an invoice of costs to the GAL who will submit it to the court for reimbursement consideration. Please note, APS regulations prohibit the release of the reporter’s identity unless the court specifically orders the release, or the reporter has agreed to share identifying information. The local department of social services should ensure the reporter’s information remains confidential when providing records to the GAL.
Confidential financial information (House Bill (HB) 2383)
For purposes of a guardianship proceeding, HB 2383 requires the respondent’s (a person who may need a guardian) financial information to be listed on a separate, confidential addendum.
Periodic reviews of guardianship cases (Senate Bill (SB) 987)
SB 987 establishes a process for circuit courts to review guardianship cases, one year after the initial appointment and every three years after that. For some cases, the court may decide that a periodic review is “unnecessary” or “impracticable.” A person may file a request for a periodic review on a form created by OES.
If you have any specific questions please contact the Department of Aging and Rehabilitation - Adult Protective Services Division.
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