New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-E - Former Division of Elderly and Adult Services
Chapter He-E 700 - ADULT PROTECTION SERVICES PROGRAM
Part He-E 701 - OVERVIEW
Section He-E 701.11 - Notification Following Investigation

Universal Citation: NH Admin Rules He-E 701.11

Current through Register No. 40, October 3, 2024

(a) Upon completion of an investigation or investigation not completed disposition pursuant to He-E 701.05, the investigator shall notify the following individuals and agencies:

(1) The alleged victim and the alleged victim's guardian, if any;

(2) The alleged perpetrator, if any, and the alleged perpetrator's guardian, if any;

(3) The probate court, if the alleged perpetrator is the guardian of the alleged victim at the time the alleged abuse, neglect, or exploitation occurred;

(4) The department's office of client and legal services, established in accordance with RSA 171-A:19, if the alleged perpetrator is a public guardian of the alleged victim; and

(5) A home health agency or another agency, if the agency employs or did employ the alleged perpetrator at the time of the alleged abuse, neglect, or exploitation.

(b) All notices sent after the completion of an investigation or an investigation not completed disposition shall:

(1) Be sent by United States Postal Service first class mail, or be hand-delivered; and

(2) State whether the report was founded, unfounded, or resulted in an investigation not completed disposition.

(c) If the investigation resulted in a disposition of investigation not completed, in addition to the information described in (b) above, the notice shall contain the reason for the disposition.

(d) In accordance with RSA 161-F:49, II, if the investigation resulted in a founded determination and the perpetrator is registry eligible, the notice(s) issued in accordance with (a) shall:

(1) Be sent within 5 business days; and

(2) Contain:
a. The identity of the perpetrator;

b. A description of the allegation stated in the report;

c. The reasons for the founded determination, the consequences of such a finding, and that such information is required to be entered on the BEAS state registry in accordance with He-E 701.22 and RSA 161-F:49;

d. Information on the right to appeal as described in He-E 701.15; and

e. Whether services shall be provided, but only in notice(s) sent to the victim and the victim's guardian.

(e) For reports of self-neglect, abuse, neglect, or exploitation, if the investigation resulted in a founded determination, and the perpetrator is not registry eligible, notice(s) issued in accordance with (a) shall include the following information:

(1) The type and description of the allegations stated in the report;

(2) The reasons for the founded determination;

(3) The procedures by which the perpetrator or victim of self-neglect may request a reconsideration pursuant to He-E 701.14; and

(4) Whether services shall be provided, but only in notice(s) sent to the victim and the victim's guardian.

#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

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