Do I have to talk to APS?

April 27, 2021 Admin

Table of Contents

Do I have to talk to APS?

Your husband has no legal duty to talk with APS. On another hand, the investigation will go on with or without your husband. If APS cannot figure out the transactions, it will just proceed on the assumption that your husband should not be in…

What happens when you call APS?

When a report is made to APS, APS “screens” the content to ensure that it meets the state’s legal criteria to begin an investigation. In most circumstances, APS will conduct a comprehensive evaluation of a victim’s circumstances and health along with any allegations of abuse, neglect or exploitation.

Can I sue APS?

Yes, but to sue, you have to show financial damages… right now, if you sued without any you would win your court costs and nominal damages (maybe $100.00).

Is elder neglect a crime?

Under Penal Code 368 PC, California law defines the crime of elder abuse as physical or emotional abuse, neglect, or financial exploitation of a victim who is 65 years of age or older. The offense can be prosecuted as a misdemeanor or a felony, and is punishable by up to 4 years of jail or prison.

What happens when you are accused of senior abuse?

Elder abuse fraud or senior fraud in California is defined as wrongfully defrauding a person age 65 or older out of money or property. The offense can be filed as a misdemeanor or a felony and can carry penalties of up to 4 years in jail or prison.

What happens when you are charged with neglect?

If a parent or legal guardian is found guilty by a court of child neglect, the parent is convicted of a misdemeanor crime. Punishment for this crime can include paying a fine up to $2,000, imprisonment in a county jail (not state prison) for up to 1 year, and or any combination therein.

What happens if a CNA is accused of abuse?

The CNA faces 4 years in prison if convicted. Abuse allegations are another frequent accusation against CNAs. The abuse can be verbal (e.g., calling the patient names), physical, emotional (e.g., making fun of the patient ), or sexual (e.g. rape10).