TITLE 40.1
Behavioral Healthcare, Developmental Disabilities and Hospitals

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

SECTION 40.1-27-3


§ 40.1-27-3 Duties of the director of the department of behavioral healthcare, developmental disabilities and hospitals.

The director of the department of behavioral healthcare, developmental disabilities and hospitals or his or her designee shall:

(1) Notify the attorney general or his or her designee, the chair of the program's human rights committee forthwith upon receipt of an oral or written report made pursuant to § 40.1-27-2;

(2) Investigate and evaluate or cause to be investigated and evaluated the information reported in those reports. The investigation and evaluation shall be made within twenty-four (24) hours if the director of the department of behavioral healthcare, developmental disabilities and hospitals has reasonable cause to believe the participant's health or safety is in immediate danger of further abuse or neglect and within seven (7) days for all other reports. The investigations shall include a visit to the program, an interview with the participant allegedly abused, mistreated or neglected, an interview with all witnesses to the alleged incident, a determination of the nature, extent, and cause or causes of the injuries, the identity of the person or persons responsible therefor, all other pertinent facts and recommendations to prevent further abuse, mistreatment or neglect of the participant or other program participants. The determination shall be in writing;

(3) Evaluate the environment in the program named in the report and make a written determination of the risk of physical or emotional injury to any other participants in the same program;

(4) Forward to the attorney general and the chair of the program's human rights committee within fifteen (15) days after a case is initially reported pursuant to § 40.1-27-2 a summary of the findings and recommendations on each case;

(5) If the director of the department of behavioral healthcare, developmental disabilities and hospitals has reasonable cause to believe that a participant had died as a result of abuse, mistreatment, or neglect, immediately report the death to the attorney general and to the office of the medical examiner. The office of the medical examiner shall investigate the report and communicate its preliminary findings, orally within seventy-two (72) hours, and in writing within seven (7) working days to the attorney general and to the department of behavioral healthcare, developmental disabilities and hospitals. The office of the medical examiner shall also communicate its final findings and conclusions, with the basis therefore to the same parties within sixty (60) days;

(6) Promulgate such regulations as may be necessary to implement the provisions of this chapter; and

(7) Maintain a file of the written reports prepared pursuant to this chapter. The written reports shall be confidential, but shall be released to the attorney general, to a court of competent jurisdiction, and upon written request to the participant, his or her counsel, the reporting person or agency, the appropriate review board or a social worker assigned to the case.

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