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 need and develop a service plan for addressing determined needs.
(3) Provide for the delivery of services by the agency or other service provider arranged for under the service plan developed by the agency.
(b) Access to older adults. Except in emergency or priority protective services cases, access to older adults shall be between the hours of 7 a.m. and 9 p.m.
(c) When access is denied. If the agency is denied access to an older adult reported to need protective services and access is necessary to complete the investigation or the assessment and service plan, or the delivery of needed services to prevent further abuse, neglect, exploitation or abandonment of the older adult reported to need protective services, the protective services caseworker shall make reasonable efforts to clearly inform the party denying access of the legal authority for access in section 304 of the act (35 P. S. § 10225.304) and the available recourse through a court order. If the party continues to deny the agency access to the older adult, the agency may petition the court for an order to require the appropriate access when one of the following conditions applies:
(1) The caretaker or a third party has interfered with the completion of the investigation, the assessment and service plan or the delivery of services.
(2) The agency can demonstrate that the older adult reported to need protective services is denying access because of coercion, extortion or justifiable fear of future abuse, neglect, or exploitation or abandonment.
Source The provisions of this § 15.61 amended May 17, 2002, effective May 18, 2002, 32 Pa.B. 2412. Immediately preceding text appears at serial pages (228909) to (228910).
Cross References This section cited in 6 Pa. Code § 15.42 (relating to standards for initiating and conducting investigations); 6 Pa. Code § 15.44 (relating to resolution of substantiated reports); 6 Pa. Code § 15.63 (relating to access by consent); 6 Pa. Code § 15.92 (relating to assessment); and 6 Pa. Code § 15.112 (relating to uses of funding authorized by the act).
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