Ok, thanks. The process APS engages in to conduct an investigation is contained in California DSS Manual - APS Section 33-505 which describes the Initial Evaluation reads as follows:
1 Upon receiving a report of known or suspected abuse or neglect of an elder or dependent adult, each county adult protective services worker shall determine:
1. If the incident meets the definition of abuse or neglect of an elder or dependent adult; and
2 If the county adult protective services agency has jurisdiction to investigate the incident.
NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code and Senate Bill 2199 (Chapter 946, Statutes of 1998), Section 14 uncodified. Reference: Sections 15610.07, 15610.57, and 15650(a), (b), and (d), Welfare and Institutions Code.
Section 33-510 sets out the response to reports:
If there is a report of an immediate life threat, imminent danger, or a crisis in an existing case, attempt to immediately make in-person contact with the elder or dependent adult for purposes of intake or intervention.
.111 Provide an immediate in-person response when the local law enforcement agency requests it.
.12 Respond to all other reports of danger of abuse or neglect as soon as necessary to protect the elder or dependent adult, but in no case shall the response be more than 10 calendar days from the initial report.
.13 Investigate all incidents of known or suspected abuse or neglect of an elder or dependent adult when a violation of the Penal Code has been alleged.
IF they find abuse, section 33-515 discusses what they need to do:
.1 Each adult protective services agency shall report by telephone or facsimile as soon as possible every known or suspected instance of abuse or neglect of an elder or dependent adult to:
.11 The law enforcement agency having jurisdiction over the case if it is suspected that any incident of criminal activity has occurred.
.12 Any public agency given responsibility for investigation pursuant to Section 33-405.
In addition, the abused person is provided with case management services which according to section 33-520 consists of :
Case management services shall be provided on behalf of elders and dependent adults who are determined to be in need of adult protective services.
.11 The purpose of case management is:
.111 To stabilize the client in his/her environment in order to minimize or alleviate the risk of abuse or neglect.
.112 To assist the clients to make changes that enhance their ability to protect themselves in the future.
.113 To enhance the client‟s problem-solving and coping capacities.
.114 To improve the client‟s protection and quality of life by linking them with resources and services.
As to the length of time, it appears they have to complete the assessment within 21 days according to section 33-525:
.1 When it has been determined, based on the adult protective services agency‟s investigation of the report of known or suspected abuse or neglect, that adult protective services are to be provided, the adult protective services worker shall complete a case assessment.
.2 The case assessment shall be completed as soon as appropriate for the elder or dependent adult, depending on the risk involved, but no later than 21 calendar days from the date of the initial in-person contact with the client.
.21 The purpose of the assessment is to identify:
.211 The client‟s capacity and ability to protect him/herself.
.212 The client‟s willingness to be involved in the problem-solving process.
.213 The client‟s need for protective intervention.
.214 Immediate and ongoing risk factors.
.215 Resources available to the client and/or his/her family that could alleviate the risk of abuse or neglect.
.3 If during the assessment process it is determined that the client does not need adult protective services, the reasons why services are not needed shall be documented in the file, and the case closed.
NOTE: Authority cited: Sections 10553 and 10554, Welfare and Institutions Code and Senate Bill 2199 (Chapter 946, Statutes of 1998), Section 14 uncodified. Reference: Sections 15763(a)(1) and (c), Welfare and Institutions Code.
No as to their ability to prevent you from moving into his house, if they determine you are abusing APS cannot prevent you but they can report law enforcement who may be able to prevent you from taking occupancy. As to the power given to you under the DPOA it appears you do not have the authority to move into his house or risk that being construed as a "gift." If you must move in, you should pay some sort of rent and the rent should go to your father's account and be used for his care so that you can avoid any appearance of you living in his house as a "gift" or abusing your authority/taking advantage of him. So botXXXXX XXXXXne until there is a finding of abuse you should be able to move in but pay rent to avoid what I just discussed. I hope this helps clarify.
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