West Virginia Adult Protective Services (APS), operated by the Department of Human Services’ Bureau for Social Services, investigates reports that an adult who cannot protect themselves is being abused, neglected, or financially exploited. To report a concern, call Centralized Intake at 1-800-352-6513. The line is staffed around the clock, seven days a week.1West Virginia Legislature. West Virginia Code Chapter 9 Human Services 9-6-11 If someone is in immediate physical danger, call 911 first.
Who APS Protects
State law defines a “vulnerable adult” as anyone 18 or older, or an emancipated minor, who because of a physical or mental condition cannot independently carry on the daily activities needed to sustain life, reasonable health, and personal protection.2West Virginia Legislature. West Virginia Code Chapter 9 Human Services 9-6-1 That covers people with dementia, severe intellectual disabilities, traumatic brain injuries, advanced age-related frailty, and serious physical disabilities that prevent self-care.
The test is functional, not diagnostic. If a person cannot manage meals, medications, hygiene, or finances without help, and that inability stems from a mental or physical condition, they meet the threshold. APS does not require a court finding of incapacity before it will take a report or offer services.
What APS Investigates
Four categories trigger APS involvement, each defined by statute:
- Abuse. The infliction or threat of physical or psychological harm, including undue influence or unlawful confinement.2West Virginia Legislature. West Virginia Code Chapter 9 Human Services 9-6-1
- Neglect. A caregiver’s unreasonable failure to provide care needed for the adult’s safety or health. The statute also covers self-neglect, and treats a caregiver who uses undue influence to cause self-neglect as a neglectful caregiver.2West Virginia Legislature. West Virginia Code Chapter 9 Human Services 9-6-1
- Financial exploitation. The intentional misappropriation or misuse of a vulnerable adult’s funds or assets, or using undue influence to cause that misuse. Good-faith help with money is excluded.2West Virginia Legislature. West Virginia Code Chapter 9 Human Services 9-6-1
- Emergency situation. Circumstances presenting a substantial and immediate risk of death or serious injury.2West Virginia Legislature. West Virginia Code Chapter 9 Human Services 9-6-1
Warning Signs of Financial Exploitation
Financial exploitation is the most common form of elder abuse and often the hardest to spot, because it usually involves a trusted family member or caregiver. Watch for unexplained or unusually large bank withdrawals; sudden changes to wills or powers of attorney that the adult doesn’t understand; unpaid bills despite adequate income; bank statements redirected to someone else’s address; and checks written as “loans” or “gifts” to a caretaker. A new person suddenly handling the adult’s finances or accompanying them to the bank without proper documentation is another red flag.
How To Report
Call Centralized Intake at 1-800-352-6513. The Bureau for Social Services website also provides a Centralized Abuse and Neglect Form for online submissions.3Bureau for Social Services. Centralized Intake for Abuse and Neglect An intake specialist will walk you through questions about the situation.
Having specific details ready makes the investigation more effective. Useful information includes:
- The adult’s full name, approximate age, and current address or location.
- Visible injuries or conditions: size, color, and location of bruises, burns, or wounds; signs of malnutrition or poor hygiene.
- The suspected perpetrator’s name, relationship to the adult, and whether they live together or have access to the home.
- Living conditions: whether the home has working heat, running water, adequate food, and needed medications.
- What prompted the report: the specific incident or pattern of behavior that raised concern.
You do not need all of this to file. Intake staff can work with whatever you have, and you do not need proof that abuse has occurred. A reasonable suspicion is enough.
Who Must Report
West Virginia imposes a legal duty on certain professionals to report any reasonable suspicion of abuse, neglect, financial exploitation, or an emergency situation. Mandatory reporters include medical, dental, and mental health professionals; Christian Science practitioners and religious healers; social service workers; law enforcement officers; humane officers; and any employee of a nursing home or other residential facility.4West Virginia Legislature. West Virginia Code 9-6-9 – Mandatory Reporting of Incidences of Abuse, Neglect, Financial Exploitation, or Emergency Situation
Mandatory reporters must call Centralized Intake immediately and file a written report on the APS Mandatory Reporting Form within 48 hours.1West Virginia Legislature. West Virginia Code Chapter 9 Human Services 9-6-11 The form is available on the Bureau for Social Services website.5Bureau for Social Services. Adult Services Forms A mandatory reporter who knowingly fails to report, or who knowingly prevents someone else from reporting, commits a misdemeanor punishable by a fine of up to $100, up to ten days in jail, or both.6West Virginia Legislature. West Virginia Code 9-6-14 A conviction still creates a criminal record and can jeopardize a professional license.
Anyone who is not a mandatory reporter can still file a report.
HIPAA Does Not Block a Report
Healthcare providers sometimes hesitate to call, worried about patient privacy. Federal regulations expressly allow a covered healthcare entity to disclose protected health information about a person the provider reasonably believes to be a victim of abuse or neglect to a government authority authorized to receive such reports, without the patient’s written consent.7eCFR. 45 CFR 164.512 When state law requires the report, HIPAA does not stand in the way.
Protections for the Person Reporting
Two protections apply to anyone who reports in good faith. First, a person who makes or causes a report permitted or required by the statute is immune from civil and criminal liability that might otherwise arise from making it. Second, the law protects the reporter’s identity by restricting disclosure of the fact that a particular person filed a report.8West Virginia Legislature. West Virginia Code 9-6-8 APS cannot tell the alleged abuser who called, and confidentiality rules also prevent the department from sharing investigation results back with the reporter.
What Happens After the Report
Centralized Intake screens each report to decide whether the allegations, if true, would meet the legal definitions above. Reports that meet the threshold are assigned a priority level that sets how quickly a caseworker must begin investigating:
- Priority I (Emergency): investigation begins within 24 hours.
- Priority II (Urgent): investigation begins within 48 hours.
- Priority III (Non-Urgent): investigation begins within 7 working days.
The assigned caseworker visits the adult, interviews witnesses, and may review medical or financial records to verify the allegations. The focus is whether the adult is safe and what services could reduce the risk. Outcomes range from closing the case with no further action to developing a voluntary service plan that might include home-based care, meal delivery, financial management assistance, or medical referrals.
When the investigation reveals criminal conduct, the department files a copy of the report with the appropriate law enforcement agency and the local prosecuting attorney.1West Virginia Legislature. West Virginia Code Chapter 9 Human Services 9-6-11 Separate criminal penalties for abusing, neglecting, or financially exploiting an incapacitated adult are set out in West Virginia Code 61-2-29, and they range from a misdemeanor for unintentional neglect up to a felony carrying five to fifteen years for financial exploitation involving force, intimidation, or coercion.9Justia Law. West Virginia Code 61-2-29 – Abuse or Neglect of Incapacitated Adult Definitions Penalties If the adult lives in a nursing home or other residential facility, a copy of the report also goes to the state or regional Long-Term Care Ombudsman and the facility administrator.
Emergency Court Orders
When a vulnerable adult faces immediate danger and voluntary services aren’t enough, the Department of Human Services or any reputable person can file a court action seeking an injunction to stop the abuse, neglect, or exploitation.10West Virginia Legislature. West Virginia Code Chapter 9 Human Services 9-6-4 The court appoints an independent guardian ad litem to represent the vulnerable adult in the proceeding.
If the court finds that abuse or exploitation occurred, it can terminate any state assistance flowing to the perpetrator and redirect those funds to a different person for the vulnerable adult’s benefit. In emergencies, the court has broader authority to grant whatever equitable relief the circumstances require. This route matters most when a caregiver who controls the adult’s daily life is also the person causing harm.
The Adult’s Right To Refuse Help
APS involvement does not strip away autonomy. A vulnerable adult who is mentally competent has the right to refuse services, even if the caseworker believes those services are needed. The program aims to promote independence while addressing safety concerns, not to override personal decisions.11Bureau for Social Services. Adult Services The state has an obligation to protect, but the individual retains the right to make their own choices unless a court determines they lack capacity. When the department seeks court intervention, the guardian ad litem provides a separate voice for the adult, independent from both the state and the alleged abuser.
For Adults Living in Facilities: The Long-Term Care Ombudsman
For vulnerable adults in nursing homes, assisted living facilities, or residential care communities, West Virginia’s Long-Term Care Ombudsman program offers a separate layer of protection. Ombudsmen investigate and work to resolve complaints made by or on behalf of facility residents, make routine unannounced visits to monitor conditions, and advocate for residents with government agencies.12Legal Aid of West Virginia. Long-Term Care Advocacy – Ombudsman Services are free and confidential.
The two programs overlap but do different work. APS investigates specific allegations of abuse, neglect, or exploitation against a named individual. The Ombudsman program handles quality-of-life concerns, improper discharges, medication errors, staffing problems, and systemic facility issues. When a facility resident is being abused, both may be involved, which is why APS is required to send its report to the Ombudsman in those cases. The statewide Ombudsman toll-free number is 1-800-834-0598, with regional representatives located throughout the state.