TITLE 42
State Affairs and Government

CHAPTER 42-66
Office of Healthy Aging

SECTION 42-66-8.2


§ 42-66-8.2. Abuse, neglect, exploitation and self-neglect of elderly persons – Investigation of reports.

(a) The director of the department shall cause the report to be investigated immediately to determine the circumstances surrounding the alleged abuse, neglect, exploitation or self-neglect and its cause. The investigation shall include personal contact with the elder victim named in the report. Any person required to investigate reports of abuse, neglect, exploitation or self-neglect may question the subjects of those reports with or without the consent of the caretaker, guardian, conservator, person possessing a power of attorney given by the subject or other person responsible for the elderly person's welfare.

(b) In cases of reported abuse, neglect and exploitation, when deemed by the investigator or other person responsible for the investigation of the report to be in the best interests of the alleged victim, the interview of the alleged victim(s) shall take place in the absence of the caretaker, guardian, conservator, person possessing a power of attorney given by the subject or other person responsible for the elderly person's welfare, or any other person allegedly responsible for the abuse, neglect, or exploitation.

(c) In the event that any person required to investigate those reports is denied reasonable access to an elderly subject of the report by the caretaker, guardian, conservator, person possessing a power of attorney given by the subject or other person responsible for the elderly person's welfare and the investigator determines that the best interests of the elder require, the investigator with the approval of the director may request the intervention of the local law enforcement agency to secure reasonable access to the elderly subject of the report.

(d) In the event that after investigation, the department has reasonable cause to know or suspect that a person sixty (60) years of age or older has been a victim of: (1) an "assault" as defined in chapter 5 of title 11; or, (2) an "assault" as defined in chapter 37 of title 11; or, (3) an offense under chapter 10 of title 11, or has been a victim of "exploitation" as defined in this chapter, the investigator, with the approval of the director, shall immediately forward that information to the local law enforcement agency.

(e) When it is determined after investigation that protective services are necessary, the department shall develop a protective services care plan and coordinate, in conjunction with existing public and private agencies and departments, available and existing services as are needed by the person abused, neglected, exploited or self-neglecting. In developing the protective services care plan, the elderly person's rights to self-determination and lifestyle preferences commensurate with his or her needs shall be of prime consideration. If the elderly person withdraws consent or refuses to accept protective services, the services shall not be provided.

History of Section.
(P.L. 1991, ch. 253, § 2; P.L. 1992, ch. 406, § 1; P.L. 2007, ch. 84, § 1; P.L. 2007, ch. 209, § 1.)