There is a consumer protection aspect that needs to be properly addressed. Since the programs are voluntary, the public needs to be able to review the health and safety data to be able to make informed decisions for placement. Currently, there are no points of measure for the health and safety of vulnerable adults at APS. You cannot improve what is not measured. Nor can the public rely on other information that would be provided at placement by the facility.

No State agency is holding non-licensed individuals civilly accountable for abusing or neglecting vulnerable adults receiving services from DSHS licensed providers.

RCS, (Residential Care Services) however, is not equipped to conduct investigations calculated to substantiate whether the incident of abuse or neglect or financial exploitation actually occurred. According to RCS‘s current policies, the purpose of RCS investigations is limited to identifying a ―failed facility practice, which by RCS‘s policy definition is ―more than one occurrence of ―inadequately providing services or the provision of poor quality of services to one or more residents, although ―one severe incident may constitute a practice as an exception to the rule. Thus, these investigations do not seek evidence to substantiate whether single incidents of abuse or neglect occurred. RCS, instead, relies heavily on the facilities‘ own investigations, and unless it finds a flaw in the facility‘s investigative process, defers to the facility conclusions.

Source, Disability Rights Washington.

In other words, Facilities and caretakers conduct investigations on themselves and then, APS defers to their findings and conclusions.

It’s not surprising then that the vulnerable adults are placed right back into the same facility, with the same caretaker who may have originally abused, neglected or financially exploited the vulnerable adult.

Washington‘s system for responding to abuse and neglect of adults is currently failing to provide the protection that adults with disabilities need in order to live safely and with dignity. Most cases that we hear about that are file by prosecutors are against family member. Rarely do we hear about criminal charges filed against caretakers and facilities because prosecutors are reluctant to file charges against them.

Our State is not holding mandatory reporters accountable for failure to report incidents of abuse and neglect as required under state law. Where abuse is witnessed but unreported by others, a climate of acceptance – and continuing abuse – is fostered.

According to Washington State law neglect is defined as:

Vulnerable Adult Statute, RCW 74.34.020: (a) a pattern of conduct or inaction by a person or entity with a duty of care that fails to provide the goods and services that maintain physical or mental health of a vulnerable adult, or that fails to avoid or prevent physical or mental harm or pain to a vulnerable adult; or (b) an act or omission that demonstrates a serious disregard of consequences of such a magnitude as to constitute a clear and present danger to the vulnerable adult’s health, welfare, or safety, including but not limited to conduct prohibited under RCW 9A.42.100.

It’s everyone’s business to protect the vulnerable, we are all stakeholders on this issue because, we will all be vulnerable one day.