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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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