I was preparing a home for a friend/client to receive some equipment and material to repair her home when adult protective service (APS) came to the door and asked to see my friend. I said I will check with her, that she was under heavy meds and was asleep. I went to get her. I got her up and took her into the living room and the worker had walked in and was searching the home. I did not even have time to get my friend dressed. Can APS just walk in without being invited?
APS probably do, depending on circumstances, have the legal right to insist on entry into a person's home. But the way you describe this situation, this is about codes of conduct rather than the law as such.
At the very top of the form we fill in at Every Single Visit, it reads, on the checklist:
"Consent gained for support (consider the client's mental capacity to consent): Y/N.
Details if consent could not be gained............................................................................"
Similarly, that worker from APS ought to have waited for your friend's explicit consent to enter the home, let alone to begin searching it.
Assist your friend to make a formal complaint. You can find out from APS themselves what the correct procedure is; and then the aim is for workers on that team to be reminded that there are protocols and they do need to be followed.
Consent needs to be given for:
entry into the home
any actions taken while in the home
recording of information
forwarding of information
When APS is investigating a concern, they do of course have various legal tools at their disposal simply because some of the people most at risk won't be able to give their consent whether through incapacity, coercion, illness, whatever. But in this case it seems there was nothing to stop the worker waiting a reasonable time for you to bring your friend in, and then asking your friend's permission to begin the visit. Plain disrespectful, I call it. I hope you get a satisfactory response and an apology on your friend's behalf.
I would call them and make sure it was actually APS. Did they show any sort of ID?
If it wasn't, file a report with your local police department right away.
IF permission is refused, by the person whose house it is (even if that person is the subject of concern), then the worker may have to insist on the right of entry, with the backing of law enforcement if necessary. But only if!
We have a similar issue with reporting. There are certain safeguarding and welfare issues which, if they come to light, we must report; and we must report them with or without the person's agreement. But we'd much rather gain the agreement, and there is usually a way to achieve it - it only wants a little tact and consideration.
Barb raises an essential point about checking identity before granting access - a timely reminder, it's the sort of thing we all know we ought to do but...
Did this woman offer any ID? Was she carrying notebooks or anything in which she could take notes? And, although I hate to ask it, has anything been missing?
I can see, however, if you answer the door and are sideswiped, so to speak by someone who is pretty quick to gain access.
A friend of mine has her 3 grandkids and she has been visited by CPS many times. She did say that once they came and she wasn't home and 2 of the kids were and the person just pawed through her stuff (this is acc. to the kids). Maybe CPS is different--it's kids and they are very at risk.
Next time (and this may be a warning to all of us!!) ask for ID and take a business card from the person. I don't think you 'have to' let them in--but it doesn't look good if you are not somewhat accessible.
My mother had APS come by a couple of times, neighbors had called on YB's hot tempered yelling--which was not directed at mother, but still.
You ask for ID.
You have every right to call the persons office to verify the employee.
And I would think if you are not POA, family member you should not answer any questions that would violate the person or the family privacy. HIPAA violation if you give any personal information to someone that does not have clearance
You ask for ID.
You have every right to call the persons office to verify the employee.
And I would think if you are not POA, family member you should not answer any questions that would violate the person or the family privacy. HIPAA violation if you give any personal information to someone that does not have clearance
A part of what this country is founded on. Freedom.
We should continue to exercise that right well into our elder years.
The authority can make an appointment, come back later, or call for back-up in most cases. Has anyone ever experienced a swat team entering one's home just because a prankster called swat?
Authorities attempting to gain access should be stopped at the door until an elder has a witness present, identity is confirmed, and the elder says yes or no. One can always pick up the phone and call 911 themselves.
APS, CPS have been over-stepping their authority for too long. imo.
I am sick and get tested monday.
I can barely care for myself, much less my brother.
My home is no longer a safe environment due to my own illness.
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Unless they are accompanied by a police officer they will not enter a residence without invite.
If you do not wish them to enter you must close door.
Do not attempt to stop a police officer with authority to check on a welfare complaint.
They do have the right to enter...
Llike the police, APS do wellness checks. As such, they can come in without a warrant or police. If I were in the situation, I'd videotape it on my phone.
I would have let the person know that next time you would appreciate a call first and to wait outside until they were invited in.
It may have been a misunderstanding that they thought you meant for them to wsit inside while you went to get her..
If you plainly told them to wait outsude until you went to get your friend, then you should call and report the person.
What would this this person done if the door was locked? Banged on it and demanded to be let in? I’m fine with them getting the police or at the very least explaining that they need to see inside (and then show proper ID, paperwork) but to just saunter in while you are busy in another part of the house and unaware that they’re even inside just seems amazingly audacious of them. It can’t be right.
https://www.newyorker.com/magazine/2017/10/09/how-the-elderly-lose-their-rights
That you told them to wait and closed the door, tells me that boundaries were crossed. This type of behavior is unacceptable and should be reported.
I can imagine that they have a difficult job. Obviously a large number of complaints are not legitimate, however, the legitimate ones can be pretty ugly.
Striking a balance until you know what you are dealing with takes a mature, balanced individual and quite frankly, I don't see that in my area with government employees. They tend to believe that they can do whatever they want as they are some how above the law. It is kinda like a cop stealing supplies from the station house for their household and arresting someone else that stole Kleenex from the convenience store, basic rules don't apply to them in their unbalanced heads.
People need to file written reports every time lines are crossed and that will help create very clear guidelines.
Perhaps the repairs that you mention (to the home) indicate the home may not have been in good enough condition in the reporter's opinion. I'm sure if you explained what you were preparing to do they would evaluate that info as well as current living conditions. Be prepared for a follow up visit to ensure any recommendation are corrected. They can also assist you with equipment you may need.