Current through Register No. 40, October 3, 2024
(a)
The department shall conduct a protective investigation on each report
received, except as described in (b), (c), or (d) below.
(b) The department shall not conduct or
complete a protective investigation when any of the following apply:
(1) The alleged victim does not fall under
the reporting requirement described in
RSA
161-F:46;
(2) The allegation(s) is determined not to
meet any of the definitions of abuse, neglect, exploitation, or self-neglect
contained in RSA
161-F:43;
(3) When the alleged victim cannot be located
and the department determines that an interview with the alleged victim is
necessary to conduct the investigation;
(4) When the alleged victim no longer resides
in New Hampshire and adult protective staff has referred or attempted to refer
the report to appropriate adult protective services or law
enforcement;
(5) When the
investigator has made multiple attempts to interview the alleged victim and the
alleged victim:
a. Declines to be
interviewed;
b. Does not display
any indications of having suffered cognitive decline; and
c. Is not in imminent danger;
(6) When the alleged victim cannot
be reached for interview and the investigator has:
a. Made at least 3 attempts to contact the
alleged victim by phone;
b. Made 3
unannounced home visits to attempt to contact the alleged victim; and
c. Contacted or attempted to contact anyone
the investigator suspects may have knowledge of the alleged victim's
whereabouts;
(7) When the
report involves an incident or situation of abuse, neglect, or exploitation
that allegedly occurred one or more years ago, and there is no current contact
with the alleged perpetrator;
(8)
When the report does not include sufficient information to allow an
investigation to be conducted under
RSA
161-F:42-57;
(9) When the alleged perpetrator dies prior
to the initiation of the investigation, or after the investigation has been
initiated, but before it is completed;
(10) When another DHHS bureau has been or
will be conducting an investigation because the alleged perpetrator is living
in a certified or licensed facility or residence at the time of the alleged
incident;
(11) When the report is
determined to be frivolous or without factual basis as described in
RSA
161-F:46, III;
(12) For reports of self-neglect when the
alleged victim is in or enters into a hospice program and is compliant with a
hospice treatment plan; or
(13)
When the alleged victim and the alleged perpetrator are both residents of a
licensed or certified facility after the report and adult protective staff has
referred the report to the appropriate licensing entity.
(c) When the report is criminal in nature,
and a criminal investigation will be or has been conducted by law enforcement,
the department shall not conduct or complete an investigation unless one or
more of the following apply:
(1) The alleged
perpetrator is registry eligible;
(2) The investigator has determined that the
alleged victim is in need of protective services; or
(3) The alleged perpetrator has ongoing
contact with the alleged victim.
(d) When the alleged victim has died, the
department shall not conduct or complete an investigation when any of the
following apply:
(1) When a report is
self-neglect;
(2) When the alleged
perpetrator is not registry eligible; or
(3) When the alleged victim has not been
interviewed and BEAS determines that an interview with the alleged victim is
necessary to the investigation.
#5008, eff 11-27-90, EXPIRED: 11-27-96
New. #6867, eff 10-9-98; ss by
#8727, INTERIM, eff 10-9-06, EXPIRED: 4-7-07
New. #8868, eff 4-19-07; (See
Revision Note at Chapter Heading for He-E 700) #10179, eff
9-1-12
