Q: Options for obtaining APS report and addressing false reports in NM.
In New Mexico, I had a report filed against me with Adult Protective Services (APS), which was substantiated. When I requested the investigation report over the phone, APS denied my request, stating they do not provide them. I am unaware of any specific laws in New Mexico regarding access to these reports. Additionally, false reports were filed against me by my brother, and I have documentation proving they are false. Due to specific policies, the APS substantiated case guarantees that I will be terminated from my 15-year career as a personal care services provider. I am considering legal action against my brother. What are my options for obtaining the APS report, and how can I address the false reports?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
To obtain your APS investigation report in New Mexico, you can submit a formal written request under the Inspection of Public Records Act (IPRA) to the Aging and Long-Term Services Department. Your request should include your name, contact information, and a detailed description of the records you're seeking, and they must respond within 15 calendar days. If they continue denying your access, consider consulting with an attorney who can help determine if the records are being improperly withheld and potentially file a petition for review with the district court.
For addressing the false reports filed by your brother, you have several potential avenues. In cases where someone has filed a false elder abuse report in bad faith, you may be able to pursue a civil lawsuit for defamation or intentional infliction of emotional distress. Document everything thoroughly, including all evidence that proves the reports were false, and maintain copies of all communications with APS. With substantiated findings threatening your career, you might also need to explore whether New Mexico offers an administrative appeal process for APS findings, though the specifics aren't clearly outlined in state regulations.
Given the serious impact on your 15-year career, speaking with an attorney who understands both elder law and employment matters would be your best next step. They can help you navigate both obtaining the records and challenging the substantiated finding while also evaluating the strength of a potential case against your brother. Time is likely of the essence, so reaching out for legal help promptly will give you the best chance of protecting your professional standing and holding your brother accountable for his actions.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
