The statutory authority for Adult Protective Services is contained in Parts 1 and 2 of the Colorado Statute, Title 26 - Human Services Code: Article 3.1 - “Protective Services for Adults At Risk of Mistreatment or Self-Neglect.” Part 1, Protective Services for At-Risk Adults gives direct statutory authority to the County Departments of Social (Human) Services to provide protective services to at-risk adults. Part 2, Financial Exploitation of At-Risk Adults strongly urges employees of financial institutions and other professional groups to report observed and suspected financial exploitation of at-risk adults to the Adult Protective Services program within the County Departments of Social (Human) Services. No other program entity in Colorado has the statutory authority to execute adult protective services.

The purpose of the Adult Protective Services program is to protect adults who cannot protect themselves. These adults are known as “at-risk adults.” They are considered to be at risk of mistreatment or self-neglect because:

• They are unable to protect themselves; and/or
• They are unable to perform or arrange for services that will help them protect their health and safety; and/or
• They lack sufficient understanding or lack capacity to make or communicate decisions that will keep them safe and healthy.

In Colorado, an “at-risk adult” is defined as “an individual eighteen years of age or older who is susceptible to mistreatment or self-neglect because the individual is unable to perform or obtain services necessary for the individual's health, safety, or welfare or lacks sufficient understanding or capacity to make or communicate responsible decisions concerning the individual's person or affairs.”  Adults who might meet the definition of an at-risk adult include adults in unsafe situations who have developmental disabilities, acquired brain injuries, major mental illnesses, or neurological or cognitive deficits. Older adults who are frail and unable to perform typical activities of daily living and who are in unsafe situations may also meet the definition of an at-risk adult.

Adult Protection Staff investigates mistreatment of at-risk adults.  This mistreatments may be in the form of Abuse, Neglect or Exploitation.

Abuse

• Infliction of physical pain or injury, such as substantial or multiple skin bruising, bleeding, malnutrition, dehydration, burns, bone fractures, poisoning, subdural hematoma, soft tissue swelling, or suffocation.
• Unreasonable confinement or restraint
• Subjection to nonconsensual sexual contact or conduct

Neglect

• Caretaker Neglect - occurs when:
  Adequate food, clothing, shelter, psychological care, physical care, medical care, or supervision is not secured for the at-risk adult or is not provided by a caretaker in a timely manner and with the degree of care that a reasonable person in the same situation would exercise.
• Self Neglect - occurs when:
  An act or failure to act whereby an at-risk adult substantially endangers the adult’s health, safety, welfare, or life by not seeking or obtaining services necessary to meet the adult’s essential human needs. 

Exploitation

The illegal or improper use of an at-risk adult - or the adult’s resources for another person’s profit or advantage.

Choice of lifestyle or living arrangements is not, by itself, evidence of self-neglect.

In Colorado, Adult Protective Services (APS) caseworkers seek to arrange for services for consenting at-risk adults to help ensure the adult’s health and safety is protected.  Caseworkers may assist at-risk adults for whom actual or potential risk exists from mistreatment or self- neglect.

At-risk adults are often unable and are unlikely to report mistreatment and self-neglect, which is why it is imperative that community members and service professionals learn to recognize and report abusive, exploitive, and neglectful behaviors involving at-risk adults. 

It is estimated that less than 1 in 6 cases of mistreatment of at-risk adults is reported to the proper authorities.

If you suspect mistreatment or self-neglect of an at-risk adult, and the person lives in Douglas County, immediately report the situation to the Douglas County Department of Human Services at 303-663-6270.  Let the person answering the phone know you have and “Adult Protection Intake.” 

When making a report, please have as much of the following information ready to provide to APS as possible:

• Adult’s name, address, current location, phone, and date of birth or approximate age;
• The circumstances that cause you to suspect that mistreatment or self-neglect are occurring;
• When appropriate, the suspected perpetrator’s name, address, and relationship to the adult; and
• Additional information about the adult, if available, such as his or her doctor, caregiver, attorney, guardian, or other person of significance to the adult.

The Adult Protective Services (APS) intake person will ask for information about the adult, the situation, and other pertinent details.  It’s okay to make a report to APS even if you are not able to answer all of the questions. 

The identity of a person reporting concerns about an at-risk adult to APS is confidential.  If the reporter chooses, he or she may remain anonymous when making a report to APS.  However, it is very helpful to APS if the reporter provides some means by which the caseworker can re-contact him or her for additional information.  Getting additional information from the reporter may help APS to provide a better outcome for the at-risk adult.

If the reporter believed the person was at-risk and in danger and he or she made the report in good faith, there is no liability to the reporter should the information provided turn out to be false or incomplete.

Each report made to Adult Protective Services (APS) is assessed by a caseworker and the APS supervisor. 

Based on the safety issues presented in each report, a determination is made as to how and when to respond.  If APS determines that a response, such as a phone call and/or visit with the at-risk adult, is necessary, a timeframe for the response is determined to ensure that the most serious situations receive a high priority.

Some reports to APS require no or little additional response.  Limited response is provided by APS if:

• The adult is not an at-risk adult, as defined in statute, and/or
•  The issues reported do not involve mistreatment or self-neglect.

If the report falls into either or both of these categories, the reporter may be provided appropriate resource information and/or referral(s).

If APS determines that ongoing protective services are needed AND the at-risk adult consents to and accepts services, the caseworker assists the client until available services are in place and the client is as safe as possible.

If the caseworker determines that ongoing protective services are not needed, OR if the competent adult refuses services, the case may be closed.

When providing protective services, APS strives to secure the safety and protection of the at-risk adult and to ensure, as much as possible, that each case is handled with priority given to the following principals:

• Confidentiality
• Consent
• Self-Determination
• Least Restrictive Intervention

Douglas County is not in the position to become the guardian or conservator for Adult Protection clients.  Every effort will be made to find a family member or friend to take on this role.

Adult Protection interventions may include access and support for:

• Legal issues
• Social issues
• Medical issues
• Housing issues
• Nutrition issues
• Financial issues
• Home Health issues
• Safety issues