§ 42-66-8.2 - Abuse, neglect, exploitation and self-neglect of elderly persons – Investigation of reports.
SECTION 42-66-8.2
§ 42-66-8.2 Abuse, neglect, exploitationand self-neglect of elderly persons – Investigation of reports. – (a) The director of the department shall cause the report to be investigatedimmediately to determine the circumstances surrounding the alleged abuse,neglect, exploitation or self-neglect and its cause. The investigation shallinclude personal contact with the elder victim named in the report. Any personrequired to investigate reports of abuse, neglect, exploitation or self-neglectmay question the subjects of those reports with or without the consent of thecaretaker, guardian, conservator, person possessing a power of attorney givenby 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 theinvestigation 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 thecaretaker, guardian, conservator, person possessing a power of attorney givenby the subject or other person responsible for the elderly person's welfare, orany other person allegedly responsible for the abuse, neglect, or exploitation.
(c) In the event that any person required to investigatethose reports is denied reasonable access to an elderly subject of the reportby the caretaker, guardian, conservator, person possessing a power of attorneygiven by the subject or other person responsible for the elderly person'swelfare and the investigator determines that the best interests of the elderrequire, the investigator with the approval of the director may request theintervention of the local law enforcement agency to secure reasonable access tothe elderly subject of the report.
(d) In the event that after investigation, the department hasreasonable cause to know or suspect that a person sixty (60) years of age orolder has been a victim of: (1) an "assault" as defined in chapter 5 of title11; or, (2) an "assault" as defined in chapter 37 of title 11; or, (3) anoffense under chapter 10 of title 11, or has been a victim of "exploitation" asdefined 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 protectiveservices are necessary, the department shall develop a protective services careplan and coordinate, in conjunction with existing public and private agenciesand departments, available and existing services as are needed by the personabused, neglected, exploited or self-neglecting. In developing the protectiveservices care plan, the elderly person's rights to self-determination andlifestyle preferences commensurate with his or her needs shall be of primeconsideration. If the elderly person withdraws consent or refuses to acceptprotective services, the services shall not be provided.