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§43A-10-105.


§43A-10-105.
   
   A. Upon receiving a report of alleged abuse, neglect, or exploitation
   of a vulnerable adult pursuant to the provisions of the Protective
   Services for Vulnerable Adults Act, the Department of Human Services
   shall make a prompt and thorough investigation.
   
   B. The investigation by the Department shall include:
   
   1. Notification of local law enforcement agency;
   
   2. Every reasonable effort to locate and notify the caretaker, legal
   guardian and next of kin of the vulnerable adult who may be in need of
   protective services pursuant to Section 2 of this act;
   
   3. Diagnostic evaluation to determine whether the person needs
   protective services;
   
   4. Any photographs necessary to document injuries or conditions which
   have resulted or may result in an injury or serious harm to the
   person;
   
   5. A statement of the least restrictive services needed;
   
   6. Whether services are available from the Department or in the
   community and how the services can be provided;
   
   7. Whether the person would be capable of obtaining services for self
   and could bear the cost or would be eligible for services from the
   Department;
   
   8. Whether a caretaker or legal guardian would be willing to provide
   services or would agree to their provision;
   
   9. Whether the person desires the services;
   
   10. A statement of any follow-up investigation or monitoring of the
   services that may be needed; and
   
   11. Other relevant information.
   
   C. The Department's investigation shall include a visit to the home or
   other place of residence of the person who is the subject of the
   report, a private interview with such person, and consultation with
   persons who have knowledge of the circumstances. If, in the course of
   an investigation of this nature, the Department is denied entrance to
   the home or other place of residence of a person believed to be a
   vulnerable adult in need of protective services, or is denied a
   private interview, or documentation, or access to records, or other
   information relating to such person as provided by paragraph 10 of
   subsection B of this section, the Department may petition the court
   for an order allowing entry or access. The petition shall state the
   name and address of the person who is the subject of the report and
   shall allege specific facts sufficient to show that the circumstances
   of the person are in need of investigation. If it is necessary to
   forcibly enter the premises, the representative of the Department
   shall make the entry accompanied by a peace officer. The Department
   shall make all reasonable attempts to interview the caretaker or other
   persons alleged to be involved in the abuse, neglect or exploitation
   in order to enhance service provision and to prevent additional
   incidents of abuse, neglect or exploitation.
   
   D. When a report is received pertaining to a vulnerable adult who has
   a legal guardian, a copy of the report of the Department shall be
   filed with the court to which the guardian is accountable.
   
   E. 1. In the case of a report pertaining to a vulnerable adult who is
   a resident of a nursing facility or residential care facility, the
   Department shall immediately notify the State Department of Health of
   such report in writing, and shall forward to the State Department of
   Health a copy of the Department's final investigative report. Nothing
   herein shall prevent the State Department of Health from conducting
   any type of investigation or taking any appropriate action pursuant to
   the provisions of the Nursing Home Care Act and the Residential Care
   Act.
   
   2. When a report is received pertaining to a vulnerable adult residing
   in a facility other than a home, where persons are employed to provide
   care and those employees have been named as persons responsible for
   the abuse, neglect or exploitation, the Department shall forward its
   findings to the owner or operator of the facility to prevent further
   incidents.
   

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