Can I refuse to be questioned by Adult protective services?

Question

I don't have much room so here it goes.

I have considerable reason to believe adult protective services
is accusing me of a crime. Specifically threatening to kill my
mom.

I've never been asked if its true and even had the cops called on
me.

I think I have a legal problem and have a right to avoid them even
though they have a job to do. I think I'm obviously the target and
would be a moron to submit to an interview without legal counsel
present. Only one problem. I don't have a lawyer.

I have checked some things out however I'm not sure.
On one hand I can refuse to talk to them. On the other
they can get a court order.

If I think I'm in real legal trouble, can I refuse to be questioned
or submit to an interview?

Question must be answered before November 28.
Best answer determined by legal input and links.

Answer 1

You should probably be less worried about who gets your precious points, and go get a fricken lawyer.

Answer 2

I couldn't care less about getting best answer.

I needed a lawyer (for something completely different) and could not afford one (it was a civil matter, not a criminal matter, so, no court-appointed PD applied). I went to Legal Aid. The lawyer I was assigned was competent, generally available to me, and listened. I suggest you call Legal Aid and set up an interview. Tell them when you call that it is an emergency due to your deadline, and implore them to allow you to speak with an attorney, if only briefly, to find out whether or not you should speak with APS on your own. If Legal Aid agrees to represent you, you will likely be able to hold off the APS thing until your attorney can schedule a meeting with him/her present.

The only other resource I can suggest for no-cost legal advice is to call the nearest law school and ask to speak with either a professor or a senior student. These people MIGHT be willing to give you an overview of what you should or shouldn't do. They won't give you hard, cold, specific advice, but they might be able to give you general guidelines concerning your right to refuse the APS interview without an attorney present.

It seems sensible to me that if anyone had reason to believe that you had committed a crime, that the police would have already been involved at some point (as you say they have been called)....but...no police action was taken (such as you being arrested). That seems a bit "fishy" to me, meaning, I don't quite get what it is that these people from APS are trying to accomplish by speaking with you. Are they thinking that you will admit to a crime?

I would tell them in a polite and civil manner that you are in the process of obtaining legal counsel, that you do not believe it would be in your best interest to speak with them at this time, and, if they threaten that they will go and get a court order, tell them that that is their right to do so. Whatever it is that they think they will get at court will likely not happen overnight, so, this buys you a bit more time to try and get in with Legal Aid.

I'm not a lawyer, and the information you have given here is surely not the whole picture, so, it's kind of hard to give you a better answer. My gut feeling is that it does sound like you would be better off with an attorney. Call Legal Aid tomorrow. They're in the phone book (can't give you a link as I don't know where you live). Good luck to you.

Answer 3

The encounter I had with CPS was an eye-opener. First, you wouldn't need a lawyer if they have no input to this accusation and your mom clears you. But is there is any gossip from the neighbors, or your mom can't speak for herself they will go after you like mad. They must retain cases to have a job so will lie and distort the truth on their reports. Don't count on the appointed lawyer he's in on it and so is the judge. They will pursue this if they can concoct a case with the slightest of evidence. They will bring the police if you refuse to see them the first time and you better have the place in tip-top condition and present your mother in the best condition you can. Find out what, if any, they are basing their case on and you don't have a chance alone so definitely get legal aid. They are similar to the Nazi storm-troopers as they come to a happy family on a whim, with the police banging on the door, and inhumanely yank your children out of their home.

Answer 4

If you are accused of a crime you have the right to know, I wouldnt worry about it untill the police ask to uestion you if this occurs tell them you want a lawyer present, "if you cannot afford one, one will be appointed to you" so just dont worry about it to much without knowing the details surronding your scenario its hard to say if they have reason to question you or not but threats arent illegal, excessive threats are harrassment, actually carrying out a threat is the illegal part. Good luck

Answer 5

Adult protective services can take you into custody if they believe you are a threat to others or to yourself. It's just like Child Protective Services, only it's to protect adults who are not capable of protecting themselves. I don't know what links you want, so I'm not listing any. The points don't matter to me.

What matters is that they are being abusive to you, and if you are a threat to yourself or to your parents. I read your history and there is obviously a big problem in the household. If you refuse to cooperate with APS, it will just make things worse for you. You say you've never been asked if it's true, but the police were called on you - didn't the police ask you?

Why let your abusive parents screw up your life? There are places to go, you just have to be willing to lose some things in order to gain a new life. You can't take a lot of personal belongings, etc. with you, and you will be asked to help out with cleaning, etc. in a halfway house. (I call them a halfway house, but there are a lot of different names for them). You will have duties and some rules/restrictions (can't stay out all night, no drinking, no drugs, etc.) Are you willing to do all that, in order to make a better life for yourself?

DO get an attorney - some go on a sliding scale depending on your income. If you're legally disabled emotionally, mentally, etc. , maybe they will give you a break financially.

You may not want to hear this, but you need to go to a halfway house or some type of place for mentally disabled to live - away from the parents and the situation you are in. If you call a hotline for depression in your area and tell them how bad it is, they can find help for you, but you have to be honest.

If you DID threaten to kill your mom, or if you FEEL like you want to kill her or anyone, including yourself, you need to tell them that. If you don't, then lying or witholding the truth is only going to keep you in the same situation and it will get worse. Do yourself that favor and tell someone, so you can get away from there. I don't mean for you to tell them in a threatening way. You can just say "sometimes I 'feel' like I could, but I know it's wrong..." If you just say "I AM going to kill .....", that's not a good way to word it. Tell them how they are abusing you and that you have mental/emotional problems.

Think about it, if you allow it to explode and if you do try to kill anyone, you will end up locked up in a much worse place. At least where you live now, you have some freedom. If you get locked up, you'll have OTHERS wanting to kill you and picking on you, which you don't need.

Also, don't be thinking that you can get away with anything just because you have mental/emotional issues, or because they are abusive. It doesn't give you a license to hurt or kill someone. (I'm not saying that you did threaten it or not, so please don't take it that way. I'm trying to offer help, maybe I'm wording it badly. I'm sorry if I am.)

Sorry if I wrote too much, or if I offended you. We don't alway hear what we want to hear, but, if you move out, it may be the best thing you ever did. Why be stuck in a situation like that? You can make your life a lot happier if you lived in a better environment, with people that DON'T put you down.

I know it feels IMPOSSIBLE to leave there because, even if they are abusive, you still feel secure there. To leave would be really frightening to you and maybe even thinking about it can put you into a panic mode. You're used to having them take care of you and maybe you don't feel like you can handle moving away, but you can do it. Do it when you're calm, not when you are angry. Good luck.

Answer 6

Demand a lawyer from the Public Defender's office be present to council you. If the PD won't help, contact legal aid immediately.

Answer 7

Adult Protective Services (APS) are intervention activities directed towards safeguarding the well-being and general welfare of adults in need of protection. Intervention is available to adults age 18 and above who are unable to protect themselves and who need assistance in dealing with abusive, neglectful or exploitative situations. Adult Protective Services Social Workers investigate reports and provide protective services to adults, with their consent, who reside in the community, adults residing in facilities licensed/certified by Social and Rehabilitation Services, and to adults residing in adult care homes and other facilities.

Depending on your state laws regarding protection of abused or neglected elder adults, generally a complaint must be filed by the alleged victim who gives authorization to investigate the alleged misconduct. There are also mandated reporters, which vary by state, who must make reports and are under an affirmative duty to report if they have reason to believe that a vulnerable adult is being abused, exploited, or neglected. Mandated reporters are: Medical personnel, physicians, nurses, Christian Science practitioners, and religious healers, law enforcement officers, those in school settings such as teachers and counselors, mental health counselors and mental
retardation specialists, social workers and public assistance workers, adult day care staff at either a facility or center, care givers and also volunteers.

When a Report Is Received generally Protective Services will at the very least,
* Initiate a personal visit with the adult within 24 hours to five working days depending on the risk of imminent danger to the individual.
* With the consent of the adult, interview the alleged perpetrator if one has been named.
* Interview collaterals when appropriate (service providers, relatives, neighbors, etc.).
* Discuss with the adult, guardian, conservator, and/or caretaker what actions are needed and, with the adult’s consent, develop service plans or corrective action plans with recommendations to prevent further harm.

Services provided will include only those that are determined to be needed to protect the adult in the least restrictive manner.

If you have been reported or a complaint lodged, the investigation process requires that you be interviewed. You are correct that if you refuse a court order will issue and require that you cooperate, and if not penalties could include jail time.

Talk with an Attorney who specializes in Elder Abuse Law.

Answer 8

Avoiding adult protective services will get you in more trouble.
Speak to a lawyer.

Answer 9

So get a lawyer