
Jessica Jefferson
By Josh Mitchell/Informer Publisher
A Marion County woman who is trying to get her mentally handicapped brother removed from what she calls unsanitary living conditions may have a hard fight ahead of her.
A vulnerable adult can only be removed from a home when he is in “great danger” and is incapable of making his own decisions, said Edna Clark, with the Mississippi Department of Human Services.
Last week, Jessica Jefferson told the Marion County Informer that her 28-year-old brother, Joseph Jefferson, is being housed in unfit conditions at his aunt’s house on Lafayette Street in the Columbia city limits. Jefferson claims her brother sleeps on soiled sheets, eats cold food out of a can and is mistreated in other ways. The aunt, Angela Jefferson, disputes that the living conditions are unsuitable and says DHS has checked out the home. To see last week’s story click this link: http://bit.ly/depGw6
The alleged conditions Jefferson’s brother lives in may not meet the ”great danger” standard that DHS requires to remove him from the home. Clark said what is considered “great danger” is determined on a case-by-case basis. There is no definition of great danger, but it could described as a situation where a person could die or suffer irreversible harm, said Clark.

DHS investigates vulnerable adult cases.
Clark, program administrator for DHS Adult Protective Services in Jackson, said she is not permitted to speak about specific cases but did talk generally about vulnerable adult laws. Only about 15 cases a year involve removing a vulnerable adult from the home, and statewide DHS investigated 2,087 vulnerable adult cases last year.
Vulnerable adults can be abused sexually, emotionally and physically, neglected by a caregiver and exploited financially. “It is really a horrific, sad and growing problem,” said Clark. “It is underreported.”
DHS investigates vulnerable adult cases by assessing the physical home environment and conducting interviews. DHS by law must conduct investigations within 48 hours of receiving a report, according to Clark. In some cases the alleged victim cannot talk, and a non-biased credible source with knowledge of the situation is interviewed.
DHS assigns a level of risk to the situation ranging from low to medium to high. In low and medium risk cases, the vulnerable adult stays in the home, and DHS makes recommendations to the caregiver to improve the situation.

Jessica Jefferson says her brother is being held in unfit conditions at this house on Lafayette Street in the Columbia city limits.
“One of our primary goals is to help vulnerable adults remain in their home community as long as possible and as safely as possible,” said Clark.
To improve the situation, DHS may refer the caregiver to cost-free organizations in the community that can help. Such organizations could be mental health, home health and homemaker services. Home health could include nurses and aides coming into the home to help with the delivery of care, and homemaker services can assist with basic household tasks such as laundry and grocery shopping. There could be a waiting list to receive such services, said Clark, adding, “There are not enough services for vulnerable adults in the state.”
After a home is investigated, Clark said a plan of action can be put in place to improve the situation for the vulnerable adult. However, it is not required that the caregiver abide by the action plan, so in reality the situation could remain the same with no repercussions for the caregiver.

Removing a vulnerable adult from a home requires the DHS legal division petitioning the Chancery Court.
There are not enough case workers in DHS to conduct follow-up investigations to determine if situations have improved, Clark said. “We have a small crew covering the entire state,” Clark stated, adding that cases are prioritized. Statewide, there are 21 ”front-line” investigators that actually go into homes to investigate situations.
When DHS investigates a home where a vulnerable adult is being housed, the findings are forwarded to the Attorney General’s Office Vulnerable Adults Unit. The Attorney General can criminally prosecute the caregiver if there is reason to believe a vulnerable adult is being exploited, abused or neglected.
Before a vulnerable adult is removed from a home he is examined by two doctors to determine if he is capable of making his own decisions. If the adult has mental capacity, it is his choice if he wants to stay in a dangerous situation. If the adult cannot make sound decisions, the DHS legal division petitions Chancery Court to have the vulnerable adult removed from the home.
A Chancery Court judge appoints a conservator to handle the vulnerable adult’s affairs such as finances and where he should be placed after removal. The vulnerable adult could end up at a nursing home, a relative’s house or a mental facility.
If you suspect a vulnerable adult is being abused, neglected or exploited, call the DHS Hotline at 1-800-222-8000. DHS investigates reports of alleged abuse, neglect or exploitation of vulnerable adults residing in private home settings including unlicensed personal care homes with three or fewer residents unrelated to the operator. If you are aware of vulnerable adult abuse you are required to report it. For additional information on vulnerable adult laws visit www.mdhs.state.ms.us.
Vulnerable adult defined: A person 18 years of age or older or any minor whose ability to perform the normal activities of daily living or to provide for his or her own care or protection is impaired due to a: mental, emotional, physical, or developmental disability or dysfunction; brain damage; the infirmities of aging.