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 701.21 - Who May Receive Information
Universal Citation: NH Admin Rules He-E 701.21
Current through Register No. 40, October 3, 2024
(a) When the investigation is in process, information which has been obtained, or which is in the process of being obtained, shall be released to the following, but only that information which is necessary for the receiving entity to carry out its statutory or regulatory mandates or service provision:
(1) The department of justice, other law
enforcement officials, or a court;
(2) The health facilities administration,
when the investigation involves an alleged victim residing in a facility
overseen by the health facilities administration, except that the reporter's
name shall not be released;
(3) The
bureau of behavioral health, when the investigation involves an alleged victim
who receives services from a community mental health program or resides at a
facility overseen by the bureau of behavioral health, except that the
reporter's name shall not be released;
(4) New Hampshire hospital or Glencliff home
when the alleged victim who resides at the facility, except that the reporter's
name shall not be released;
(5) The
bureau of developmental services, when the investigation involves an alleged
victim who resides in a facility or participates in a program overseen by the
bureau of developmental services, except that the reporter's name shall not be
released;
(6) The office of the
state long-term care ombudsman, when the investigation involves an alleged
victim residing in a licensed nursing facility, licensed assisted living
facility, licensed residential care facility, or licensed supported residential
care facility, except that the reporter's name shall not be released;
(7) The board of nursing, when the
investigation involves a victim who is alleged to have been abused, neglected,
or exploited by an individual licensed by the board, except that the reporter's
name shall not be released; and
(8)
Agencies or individuals who provide services to the alleged victim, except that
the reporter's name shall not be released.
(b) When the investigation is completed, and a determination has been made, information shall be released, if requested, to the following agencies and individuals who request it, in accordance with the provisions specified below:
(1) To the victim
and the victim's guardian, if any, or, if the victim is deceased, the executor
or administrator of the victim's will, a copy of the protective investigation
summary, except that the reporter's name shall not be released;
(2) To the perpetrator and the perpetrator's
guardian if any, a copy of the protective investigation summary, but only when
a founded determination has been made, except that the reporter's name shall
not be released;
(3) To the
department of justice, a court-appointed attorney for the proposed ward or
ward, or any other law enforcement officials, a copy of the protective
investigation summary or any other requested information, including the
reporter's name if requested;
(4)
To a court, a copy of the protective investigation summary or any other
requested information, including the reporter's name if requested;
(5) To the board of nursing and the health
facilities administration, a copy of the investigation summary, but only when a
founded determination has been made, except that the reporter's name shall not
be released;
(6) To the bureau of
behavioral health and the bureau of developmental services, only that
information that is needed by those bureaus to carry out their statutory
mandates, except that the reporter's name shall not be released;
(7) To agencies or individuals who are, who
were, or who will be, participants in providing services to the victim, only
that information needed to provide services, except that the reporter's name
shall not be released;
(8) To a
family member or another individual who is petitioning for the appointment of a
guardian for a victim, only that information related to the petition for
guardianship except that the reporter's name shall not be released;
and
(9) To employers as provided in
RSA
161-F:49, VII, a copy of the
protective investigation summary, except that the name of the reporter, the
last name of the victim and the last name of any individual cited in the
summary shall not be released.
(c) When a disposition has been used, information shall be released, if requested, to:
(1) The alleged victim and the alleged
victim's guardian, if any, or, if the alleged victim is deceased, the executor
or administrator of the alleged victim's will, if the alleged victim was
contacted or interviewed, except that the reporter's name shall not be
released;
(2) The alleged
perpetrator and the alleged perpetrator's guardian, if any, provided that the
alleged perpetrator was contacted or interviewed, except that the reporter's
name shall not be released; and
(3)
The department of justice, other law enforcement officials, a court-appointed
attorney for the proposed ward or ward, or a court, including the reporter's
name, if requested.
#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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