§ 40-8.5-2 - Services for adult victims with severe impairments of abuse, neglect and/or exploitation.
SECTION 40-8.5-2
§ 40-8.5-2 Services for adult victims withsevere impairments of abuse, neglect and/or exploitation. – (a) As used in this section the terms:
(1) "Adult victim with severe impairments" means:
(i) A person over the age of eighteen (18) who has adisability which is attributable to a mental or physical impairment orcombination of mental and physical impairments and results in substantialfunctional limitations in three (3) or more major life activities;
(ii) Is an alleged victim of abuse, neglect or exploitationpursuant to § 11-5-12; or assault pursuant to § 11-5-10.2 or 11-5-11by a caregiver of the victim;
(iii) The adult victim relies on the person believed to havecommitted the abuse, neglect, and/or exploitation, for assistance in performingthree (3) or more major life activities; and
(iv) Crisis intervention services are necessary to ensure theimmediate health and safety of the adult victim.
(2) "Crisis intervention services" means the short termprovision of health care and residential services in the immediate hours anddays following the abuse, neglect and/or exploitation of an adult victim withsevere impairments;
(3) "Major life activities" mean: (i) mobility; (ii)self-care; (iii) communication; (iv) receptive and/or expressive language; (v)learning; (vi) self-direction; (vii) capacity for independent living; or (viii)economic self-sufficiency; and
(4) "Supportive services" means longer term support servicesfor an adult victim with severe impairments, and when appropriate that victim'sfamily.
(b) After July 1, 2007, local police departments may requestthe department of mental health, retardation, and hospitals provide crisisintervention services for the adult victim with severe impairments when:
(1) Necessary to ensure the immediate health and safety ofthe adult victim; and
(2) The adult victim with severe impairments relies on theperson believed to have committed the abuse, neglect and/or exploitation forassistance in performing three (3) or more major life activities.
(c) If the department of mental health, retardation, andhospitals determines that longer term supportive services are necessary, thevictim and when appropriate that victim's family will be referred to the publicand private agencies and departments whose supportive services are within itsstatutory and/or regulatory responsibility, as are needed by the victim.
(2) In developing the supportive services care plan, theadult victim with severe impairments' rights to self-determination andlifestyle preferences commensurate with his or her needs shall be of primeconsideration.
(3) If the adult victim with severe impairments withdrawsconsent or refuses to accept crisis intervention or supportive services, theservices shall not be provided.
(d) The department of human services is hereby authorized toseek federal approval of a state plan amendment to its title XIX state plan toinitiate crisis intervention services and support services for adults whoqualify for title XIX services and are victims of severe impairments of abuse,assault, neglect or exploitation.