TITLE 40.1
Behavioral Healthcare, Developmental Disabilities and Hospitals

CHAPTER 40.1-27
Penalties for Abuse of Persons with Developmental Disabilities

SECTION 40.1-27-2


§ 40.1-27-2 Duty to report.

(a) Any person within the scope of their employment at a program or in their professional capacity who has knowledge of or reasonable cause to believe that a participant in a program has been abused, mistreated or neglected shall make, within twenty-four (24) hours or by the end of the next business day, a written report to the director of the department of behavioral healthcare, developmental disabilities and hospitals or his or her designee. The report shall contain:

(1) The name, address, telephone number, occupation, and employer's address and the phone number of the person reporting;

(2) The name and address of the participant who is believed to be the victim of the abuse, mistreatment, or neglect;

(3) The details, observations, and beliefs concerning the incident(s);

(4) Any statements regarding the incident made by the participant and to whom they were made;

(5) The date, time, and place of the incident;

(6) The name of any individual(s) believed to have knowledge of the incident; and

(7) The name of any individual(s) believed to have been responsible for the incident.

(b) In addition to those persons required to report pursuant to this section, any other person may make a report if that person has reasonable cause to believe that a participant has been abused, mistreated, or neglected.

History of Section.
(P.L. 1990, ch. 414, § 1; P.L. 2006, ch. 216, § 32; P.L. 2012, ch. 254, § 6; P.L. 2012, ch. 264, § 6.)