10213 Contacting the Alleged Perpetrator

 

  1. Contact with the alleged perpetrator shall be made unless:
    1. The APS Specialist is unable to make contact with the involved adult (exceptions to this may be if the IA is deceased), or

    2. The involved adult does not want the APS Specialist to contact the alleged perpetrator, when doing so would put the involved adult at further risk.  

The APS Specialist shall consult the supervisor to discuss how to proceed in cases where there is an inability to contact the alleged perpetrator.  The inability to contact the alleged perpetrator may result in a report being made to law enforcement.

 

  1. Notifying the Alleged Perpetrator of Their Rights

The alleged perpetrator shall be informed of the allegation(s) and notified of their rights and provided a copy of the PPS 10240 brochure “What Happens if You Are Accused of Abuse, Neglect, Exploitation or Fiduciary Abuse”.  The APS Specialist shall document in KIPS the PPS 10240 was provided to the alleged perpetrator.

 

  1. Contact with the Alleged Perpetrator

Two documented attempts to contact will be considered due diligence.  Contact with the alleged perpetrator may be made through letter, telephone, or in person:

 

    1. If contact is by letter, a copy of the PPS 10240 shall be sent with the Interview Notice to Alleged Perpetrator (PPS 10230).
    2. If contact is by telephone, the APS Specialist shall review with the alleged perpetrator the rights listed in the PPS 10240 prior to conducting the interview. A copy of the PPS 10240 shall be sent to the alleged perpetrator after the  interview. If the two attempts to contact the alleged perpetrator are by telephone, and the attempts have not been successful, the APS Specialist shall send a PPS 10230 and PPS 10240 to the last known address for the alleged perpetrator.

    3. If contact is in person, the alleged perpetrator shall be advised of their rights and given a copy of the PPS 10240 prior to beginning the interview. If the alleged perpetrator refuses to accept a copy of the PPS 10240, this shall be documented in KIPS.

    4. If the decision is made to not contact the alleged perpetrator, the PPS 10240 brochure and PPS 10300 shall not be sent to the alleged perpetrator. This shall be documented in KIPS.

  1. Contacting Alleged Perpetrator Who Is a Minor

If the alleged perpetrator is a minor, the APS Specialist shall obtain permission from the minor’s parent(s) or guardian prior to attempting to interview the minor and shall provide a copy of the PPS 10240 to the parent(s).

 

If contact is by letter, the PPS 10230 and PPS 10240 shall be mailed to the parent(s) or guardian of the minor.

 

The process for contacting the alleged perpetrators who are minors is the same as  those in 10213 A (1) and (2).  The exception is contact shall occur with the parent(s) or guardian of the minor prior to any contact with the minor. 

 

The PPS 10300 and all forms shall be sent to the alleged perpetrator in care of the parent or guardian.

 

If the minor is in the custodianship of the Secretary, the assigned DCF Specialist, in consultation with the PPS supervisor (or designee, see PPM 0140), and the APS Assistant Program Administrator, shall consider retaining legal counsel to represent the minor as an alleged perpetrator.