Why did APS and RCS come to different conclusions on my case?

Adult Protective Services (APS) and Residential Care Services (RCS) both operate within the Washington State Department of Social and Health Services (DSHS). When a complaint comes into DSHS involving an Adult Family Home (AFH), both APS and RCS end up conducting investigations if the complaint alleges abuse or neglect. While the two investigations may overlap and share information, each is separate and a separate investigator is assigned to each. The two investigations focus on slightly different questions – APS focuses on whether a vulnerable adult was abused or neglected, RCS focuses on whether there were problems in the AFH practice.Despite sharing resources and operating within the same Department, the two investigations can and sometimes do result in different conclusions. For example, APS may find abuse, while RCS finds no significant issues. This discrepancy can be understandably confusing for providers. However, it can also be used to your advantage.APS abuse or neglect cases often go to hearing because there is very little room for settlement negotiation: Either a finding of abuse or neglect remains on the provider’s DSHS record or the finding is removed. However, in some instances if APS has made a finding of abuse but RCS has concluded that there was no abuse or no significant practice error, the Department may consider overturning its own APS neglect finding rather than proceed to a hearing. In addition to making different legal findings, the APS investigation and RCS investigation may come to different conclusions about basic facts involved in the case. These discrepancies can also be used to your advantage, either at a hearing or as part of settlement negotiations.If you find yourself in this position, consult an attorney about your options.