Adult Protective Services Lifetime Vulnerable Adult abuse registry
RCW 74.39A.056(3) registry codified vs RCW 74.34 used by DSHS to abuse the public.
7000 are on a LIFE TIME abuse registry who did not get a jury or a fair hearing- IF YOU ARE/WERE ON THIS REGISTRY PLEASE REPORT YOUR CASE HERE-> I was denied Due Process– The Attorney General lied. Use the Report WA: Attorney General form . APS and The Attorney General lied about the law and denied you your rights.
READ HIstory of WA state APS abuse registry HERE
In 1999 the APS abuse registry was passed in Olympia with the contingency that there would be a cost analysis done.
The bill stated that it would be an abuse registry ONLY for long-term care-givers which were defined as a person licensed by DSHS or working for a business licensed by DSHS, RCW 74.39A.009(20).
DSHS asked in its cost analysis to have an additional registry for anyone, but that was not even considered.
The law actual was voted down in 2000, but Gary Locke vetoed the almost unanimous vote to terminate the costly program.
Thus an abuse registry was created which has been used by DSHS to put anyone an APS social worker thinks abused someone on a permanent registry which effects employment without a hearing.
7000 people are on that registry who never had a fair hearing or correct information about the law.
RCW 74.39A.056(3) abuses by the state
Issues with DSHS APS vulnerable adult abuse registry compared to sex offender registry
|Sex Offender Registry||APS vulnerable adult abuse registry|
|Max 10 years for extremely bad cases||Lifetime for even very mild accusations|
|Can’t be put on it until tried in criminal court||Can be put on it in 30 days without a hearing|
|Accused gets a free lawyer||“Appellant” gets no legal help at all|
|Can go back for review if new evidence is found||Can not ever go back for review|
|In discovery accused can ask for any number of records from the state||The accused is handed what DSHS wants them to have including medical records hand picked by DSHS|
|The public knows what the crime was to determine a minor or serious in nature||No one knows the difference between a person accused of yelling at a senior or a person who commits serious physical and mental abuse|
|State must have sufficient evidence to go to trial||No evidence needed and once the process starts no matter how stupid the accusations if the accused quits he will automatically be on the registry|
|State has to prove guilt||Accused has to prove innocence|
|Always can have a jury trial||Never can have a jury trial|
|The state will concede if the evidence shows no guilt||The Attorney General’s office (the DSHS lawyer) will never concede and will lie in order to make an obviously innocent person look guilty|
The big issue that was not on the bill was how the registry would it be implemented. The actual implementation was created by DSHS and has been illegal ever since.
A famous case is Resa Raven vs. DSHS. The APS agent wanted Raven to actually abuse her ward, Ida, by forcing her into a facility against her wishes or she would go on the registry. 10 years and $100,000 later Raven got clear of the registry. Resa Raven never qualified to go on the registry even if she had seriously abused Ida. No one told her the registry is only for long-term care-givers.
DSHS and the Office of the Attorney General will not disclose RCW 74.39A.056 to the court or the accused. DSHS or its lawyers (AAGs) NEVER mention RCW 74.39A which creates and govern the APS registry. They only talk about RCW 74.34 because by putting everyone on the registry they can ask for more state $$$ in their hands. 7000 people who should not be are on a registry and their lives ruined by it.
RCW 74.39A LONG-TERM CARE SERVICES OPTIONS creates the registry ONLY for long-term care-givers (RCW 74.39A.056) as defined by RCW 74.39A.009 (20)
RCW 74.39A.056 Background checks on long-term care workers
(3) The department shall establish, by rule, a state registry which contains identifying information about long-term care workers identified under this chapter who have final substantiated findings of abuse, neglect, financial exploitation, or abandonment of a vulnerable adult as defined in RCW 74.34.020.
RCW 74.39A.009 (20)
(b) “Long-term care workers” do not include: (i) Persons employed by the following facilities or agencies: Nursing homes licensed under chapter 18.51 RCW, hospitals or other acute care settings, residential habilitation centers under chapter 71A.20 RCW, facilities certified under 42 C.F.R., Part 483, hospice agencies subject to chapter 70.127 RCW, adult day care centers, and adult day health care centers; or (ii) persons who are not paid by the state or by a private agency or facility licensed or certified by the state to provide personal care services.
Some of the other Issues with the registry (beside what is listed in table):
DSHS does not have to prove allegations. The accused as to prove DSHS is wrong.
DSHS allegations does have to be abuse or make sense, but if the accused does not petition for a hearing within 30 days of mailing they go permanently.
DSHS social workers called APS “agents” don’t’ have training in even basic math to determine what financial abuse is or the medical training to determine types of medical related abuse nor any notion at all of law.
The accused might not even know what they are being accused of. APS can make general statements and say they are abuse thus letting the accused hang themselves trying to defend themselves against vague charges.
The case is civil so any conclusion that the accused might have done something wrong is considered guilt and a reason to put them on the registry
The determination of guilt is set by DSHS procedure standards not the legal definition of abuse.
The accused has to go through the administrative hearing process first
After the administrative hearing process DSHS gets to appeal to itself, DSHS Board of Appeals, without a DSHS BOA final order the accused cannot get a Superior Court hearing.
DSHS and the Attorney General’s office purposely neglect to mention what law creates the abuse registry.
Even if the registry was used as legislated, ONLY for long-term care-givers, the Administrative Hearing process is full of Constitution violating procedures which inhibit a fair trial, besides being stacked on the side of the state.
JUST REMEMBER- every single word in these cases siding with DSHS and the APS agent is supported by the Office of the Attorney General. The Office of the Attorney General will lie about the law, invent laws, invent abuse and intimidate and frustrate the petitioner.
These cases are normal average DSHS cases. 7000 people have gotten this kind of treatment. Resa Raven is the only one who got free.
1. Resa Raven: APS agent wanted Raven to violate state laws and/or coerce Ida into going into a facility against her will. Raven had taken Ida at a greatly reduced rate (about $125 a month) and spent more time on her case than cases which she charged $400 a month.
Raven tried getting a court order and the judge refused, so APS put her on the registry.
Administrative hearing favored Raven
DSHS Board of Appeals stated that Raven should have tried harder and reversed. DSHS order is based on speculation of what might happen is Raven had spent more time trying to convince Ida into going into a facility
Superior Court stated it was not abuse and reversed
DSHS appeals and Appeals court sides with DSHS BOA
Supreme court reversed, but did not grant legal fees saying that DSHS was justified.
The only reason we think that the Supreme court reversed was that multiple well known and crooked guardianship lawyers sent in Friends of the court letter in favor of Raven. We think that the letters were because they didn’t want APS coming after a guardian.
The AG spends lots of state dollars to “defend” DSHS
Abused registry is used to help DSHS bring up the numbers.
2. NURSE/ DAUGHTER: Goes on registry for an argument with her own mother
A nurse got in a argument with her mother. Her mother lived alone and could care for herself. There was no evidence stated in records that the mother was distraught or in any way effected.
Neighbors must have complained to APS.
APS agent writes daughter up and mails 30 day deadline letter to mother’s house certified which was returned undeliverable. This is repeated.
APS mails same letter regular mail and puts daughter on abuse registry in 30 days
Nurse/daughter finds out when she is fired from her job
DSHS does not allow Nurse/ daughter a hearing to get off the registry- too late
Nurse goes though years of appeal just to get a chance to have a hearing prove herself innocent
I don’t know the ending- lawyer are expensive- she may have ran out of money
Abuse registry used to get family and friends out of the way
3. Vicky: APS put her on the abuse registry after she complained about her father’s care at facility
The facility that her father was at overcharging her dad and stealing his belongings. APS helped the facility write themselves as his POA.
Vicky lost her child care business and her house because of being on the registry
She has PTSD because of the abuse her dad suffered and she could do nothing for him because of APS
APS report to put Vicky on the registry stated that she kept babies in containers, Vicky did not care for babies, she did after school care.
A lawyer told Vicky that she shouldn’t waste her money trying to appeal as no one ever wins against DSHS
4. Tanna: Accused of stealing her fathers house and spending his money
APS coerced mentally off sister into putting father into professional guardianship
They wanted to sell dad’s house to pay for guardianship “fees”
Problem: Tanna owed the house. A lawyer had helped deed the house to Tanna so that dad could qualify for Medicaid
APS tried to intimidate Tanna to deed house to father and calls Snohomish county sheriff to investigate
Sheriffs write a 150 page review of CC cards, bank accounts and the house showing no abuse
APS put Tanna on the abuse registry anyway
It is costing her endless attorney fees to get off the registry when she was already found innocent
5. Jennifer: Jennifer goes on registry for trying to stop exploiter friend. Senior takes care of himself. He just needs a companion to help with exercise so he won’t decline and some house help
Jennifer was helping senior friend at his house live a great and active life but his “best friend in the whole world” wanted his money.
Jennifer calls APS to investigate. APS refuses to return call
APS helps abuser force Senior into a dementia ward and puts a VAPO on Jennifer
Jennifer finds that $2000 is missing from senior’s account
APS worker put Jennifer on abuse registry
OAH- Judge throws out a 6 day hearing 3 months after it is over and writes that Jennifer is too guilty to deserve a hearing
DSHS BOA agrees
Thurston court remands to OAH: Jennifer “didn’t get a fair hearing”
OAH- Judge states that yelling at someone even if there was no negative effect was abuse and that there were no financial documents to support not stealing, but there were 50 pages in the records
DSHS BOA agrees
Jennifer has proved
King Superior- Jennifer tries to get a Stay and judge writes an order stating that Jennifer is “too dangerous to be off the registry” before the hearing since she yelled once and they can’t find her 50 pages of financial records. This seems like a judgment of guilt before the facts are submitted
Jennifer has demanded a jury, but DSHS does not allow them in cases against DSHS and King judges back DSHS. She’s waiting to prove that no matter how innocent a person is, there is no getting off the APS registry.
After 8 years she is still trying to get a fair hearing
Disability Rights representative, David Lord, stated that no one gets off the APS registry. David Lord has been on the UW guardianship board and other boards involving vulnerable adult and guardianship laws.
Adult Protective Services Lifetime Vulnerable Adult abuse registry