Opinion questioning whether residents of places that are providing nursing home or community residential care facility services without a license are “vulnerable adults” as defined in Section 43-35-10(10) and should be provided “protective services” as defined in Section 43-35-10(9). Also, questioning whether the Adult Protective Services Program has the authority and duty to take custody of adults who are residents of facilities that DHEC has determined are required to be licensed as a nursing home or a community residential care facility but are not entitled to such licensure.

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Opinion questioning whether residents of places that are providing nursing home or community residential care facility services without a license are “vulnerable adults” as defined in Section 43-35-10(10) and should be provided “protective services” as defined in Section 43-35-10(9). Also, questioning whether the Adult Protective Services Program has the authority and duty to take custody of adults who are residents of facilities that DHEC has determined are required to be licensed as a nursing home or a community residential care facility but are not entitled to such licensure.

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