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AndreaJab Asked June 2023

Is APS in California required to give a copy of the filed report when requested by the (1) alleged abusers, or (2) alleged victims?

At his father’s request, my husband and I moved in with his parents to care for his stroke disabled mother, who had suddenly become a 24/7 stand-by assist. We have more than 25 years’ experience in health care, husband in direct patient care physical therapy and me in administration. From day one, his brother and wife made things very difficult for us. They live next door, were reaping untold benefits financially from this arrangement and wanted us gone. Long story short, their "campaign" against us culminated in reporting us to APS as abusers for first my FIL (his health had deteriorated due to unaddressed severe spinal probs) and 2 weeks later my MIL. My husband and I worked tirelessly for more than a year, with no help, to rehab MIL to ambulation and strengthen FIL for surgery. FIL told many people that we "saved his life" and they'd be laying in a bed somewhere if not for us. Husband and I have truly had enough. We intend to hire an elder law attorney (we really did not want to do this) but need a copy of the APS reports to insure we are correct that brother and wife instigated. One of the APS social workers read my MIL report to me, and there was language in there that was "verbatim" of my SIL "story" to pretty much anyone who will listen. This entire situation has caused so much stress to us (and our 87/88 yr old parents) it is unbearable with no end in sight. The "neighbors" will not stop and leave us alone. We have called APS social workers, supervisors, managers and no one calls back at all. I know we are not alone in this situation and many of you are in similar horrid circumstances. Has anyone had success getting APS to provide a copy of the reports (name redacted of course)? How did you get it? Also, your thoughts on getting a restraining order against neighbors, filing police incidents, what else we can do to end this abuse from them. Thanks for listening.

AlvaDeer Sep 2023
In California the law does NOT mandate that the accused or the victim need be given a report on findings. This happens ONLY if the COURT asks for a copy. So this is a legal action; you will need to continue to operate with your attorney. If you have proof the other party perpertrated fraud or theft or other abuse on your elder, then you can report THEM and you can also request a stay away order from the courts if you are legal POA or legal Guardian.

I am afraid this is now a case for the law, or for legal services and wish you good luck.

AndreaJab Sep 2023
Oh, and yes APS will not give alleged abusers copies of reports, but FIL/MIL can get them. He’s requested j writing 2x. Mom report yet. The problem is that even if the complaints are unsubstantiated our names remain in the system as “accused of abuse.” APS will tell you that closed caes don’t effect your life but I can’t say with absolute certainty that they do. Just the accusation creates enough doubt to keep you from a job, getting on a board, etc.. one seen first hand resumes tossed aside bcuz of this

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AndreaJab Sep 2023
sorry For the delayed answer. Covid took us out of commission for a long while, but we are all good. Here are some answers:
- we did speak with both APS social workers when they came to our home. We understand they are just doing their job and have worked with APS in Oregon im our previous jobs. Both workers were very surprised to find FIL and MIL healthy and happy. One said his report had the opposite explanation of the situation he observed. The woman actually suggested that someone was using APS to harass us. We haven’t seen/heard anything else.

The neighbors continue to tell family, friends, neighbors that we are keeping them from seeing “mom.” That we want isolate them so we can get all their money. The truth is that they can see mom whenever they want, just at their house. I’m the last 18 mos. They have had her over (next door) maybe 4-5X and 3 of those my husband and FIL arranged. They asked for a schedule to call and have her visit (Sun/Wed). The first Sunday, they were late to get her. They took her next door, and then left her with SIL family member. It was sipppsed to be for lunch/dinner. An hour later, MIL came home (she communicated to them she wanted a nap). What she wanted was food. The didn’t tell the visiting fan that it was for lunch, so no food was offered. Since that schedule, they e had her over 2x (since Dec 2022). We believe they have some type of listening device because if my husband and I get in an argument, his brother will call dad and say that “neighbors called them” to report we were fighting.” It’s lies, they are the only neighbor. Annoying other things like having their visitors park at our house (only when dad is gone) picking our avocados, sending mom cards saying how much they miss her and wish they could come see her. Having their “friends or cousins” call the house for mom and when the phone isn’t answered reporting that we are keeping mom from friends and family. The truth is mom has a phone in her room and chooses who she wants to talk to. Of course, neither mom nor dad will be honest about this.
they have cameras installed that watch the road to our house, to see who comes here, along with cameras pointed at our room. It’s ludicrous but also very stressful to be under surveillance like that.

JoAnn29 Jun 2023
I don't think APS can give you copies of reports that have been filed against you. The complainants are anonymous. As far as I know, APS does an investigation and if they find no evidence of abuse they close the case. Your neighbors, get enough evidence and get a restraining order against them.
AlvaDeer Jun 2023
They truly need an attorney if there has been a filing or notice of course date. The attorney can get the filing for them.
AlvaDeer Jun 2023
APS must provide to you your rights.

Have you had a visit yet with APS? Were you welcoming to them , explaining to them what you told us CALMLY?
Did you provide to them all they asked.

Or are you waiting to see the attorney first, and WHEN will you see this attorney as time is of the essence!!!

Keep careful diaries and records now. Short and sweet, but in blue ink and in composition book with no tear outs, only strike outs for mistakes. This diary includes all daily activities (short version) and all actions of the brother and wife with direct quotes.

I would at this point, if you are POA, prevent their visiting without accompanying APS if you are able. You may need to contact police for a stay-away order.

Getting the attorney is an EMERGENCY now.
Get all files in order with your POA papers, and etc.

This can be very bad, and when siblings go to war the parents can go into state guardianship, that being the end of any rights of ANY of you to say ANYTHING.

I hope brother and wife know that. I hope you will update us as I am very concerned for you. I wish you well.

SnoopyLove Jun 2023
What an unpleasant situation, AndreaJab. No good deed goes unpunished, unfortunately.

“The "neighbors" will not stop and leave us alone.”

Can you clarify what your brother-in-law and his wife are doing now to harass you? I think if they are doing something illegal (threatening, trespassing, etc.) of course you should call the police.

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