10-149-1 Me. Code R. § 6

Current through 2024-25, June 19, 2024
Section 149-1-6 - APS FINDINGS
1.Final Written Findings
a. APS shall determine whether or not the facts support the allegation(s) in the Report, based on the available fact-based evidence, and document the determination in writing.
b. The standard of proof to reach a finding on an allegation of Abuse, Neglect, or Exploitation is by "a preponderance of the evidence" (i.e., the greater weight of the evidence supports a finding that an individual or individuals Abuse, Neglect, or Exploitation of an Incapacitated or Dependent Adult did occur).
c. Final written findings shall include the following, as appropriate:
i. A summary of the facts on which APS relied to reach a determination;
ii. A clear statement indicating whether or not the reported allegation(s) of Abuse, Neglect, or Exploitation or the substantial risk thereof are supported by a preponderance of the evidence;
iii. What, if any, services were arranged for the protection of the Incapacitated or Dependent Adult;
iv. What, if any, actions will be taken as a result of the findings, including, but not limited to, whether the findings will result in a Substantiation, whether the findings will result in a referral to law enforcement, and whether additional written recommendations should be made to a Provider as a result of the investigation.
2.Timing
a. Final written findings shall be entered into the electronic APS system by the assigned APS Caseworker no later than thirty(30) days from the date of assignment to the APS Caseworker.
b. In the event that an APS Investigation cannot be completed within thirty (30) days of assignment, the APS Caseworker shall document the reasons and estimate the number of days needed to complete the investigation in writing. An APS supervisor shall review and approve the APS Investigation extension and document same.
i. Any necessary subsequent extensions shall be reviewed and documented through the same process.
3.Additional Written Recommendations
a. APS may issue written recommendations to a Provider where an allegation(s) of Abuse, Neglect, or Exploitation or the substantial risk thereof has not been substantiated but where, during the course of an investigation, APS has identified deficiencies related to a Provider's practices or facilities that may impact the health and welfare of Individuals Receiving Services.
b. The Department will work with a Provider that receives written recommendations to put in place an appropriate corrective action plan and follow up on the action plan steps.

10-149 C.M.R. ch. 1, § 6