Current through Bulletin 2024-06, March 15, 2024
(1) The assigned
investigator shall initiate the investigation and determine whether:
(a) there is an allegation of abuse, neglect
or exploitation;
(b) the alleged
victim is a vulnerable adult;
(c)
the alleged victim has the capacity to consent;
(d) the alleged victim has a legal guardian
or conservator;
(e) an emergency
exists; and
(f) the extent of the
alleged victim's mental or physical impairment.
(2) The investigator shall make a
face-to-face visit with the alleged victim except as outlined in Subsection
R510--302-6(2).
(a) The investigator shall
seek the consent of the vulnerable adult to provide services if the vulnerable
adult has the capacity to consent.
(b) The investigator shall seek the consent
of the vulnerable adult's legal guardian to provide services if the vulnerable
adult does not have the capacity to consent.
(3) The investigator may not enter the home
of a vulnerable adult unless the vulnerable adult, their legal guardian or
their caretaker consents, except when;
(a) the
investigator has reason to believe exigent circumstances exist to protect the
vulnerable adult from imminent harm; and
(b) the alleged perpetrator is the vulnerable
adult's legal guardian or caretaker.
(4) Adult Protective Services may not require
a face-to-face visit with the alleged victim in instances where a Public Health
Emergency Declaration or Natural Disaster Emergency Declaration is issued by
the federal, state, or local government. In such instances, Adult Protective
Services will make visit determinations to safeguard the alleged victim based
on circumstances that are considered to be emergent, or where there is an
imminent risk to the alleged victim's health and safety.
(5) The investigator shall interview the
alleged perpetrator unless:
(a) specifically
requested not to do so by law enforcement to avoid impeding an ongoing criminal
investigation or proceeding;
(b)
interviewing the alleged perpetrator would likely endanger or cause harm to any
person;
(c) before interviewing the
alleged perpetrator, the allegation is found to be without merit;
(d) the alleged victim with capacity to
understand the allegation and protective need, denies the allegation and they
do not want the alleged perpetrator to be contacted;
(e) APS cannot locate the victim;
(f) the alleged victim died before the
investigation started;
(g) the
alleged perpetrator cannot be located or is unknown after APS has made
reasonable efforts to locate and identify the alleged perpetrator;
and
(h) the alleged perpetrator has
refused the interview, or has not responded to efforts to contact the
investigator.
(6) When
the investigator has reason to believe any hazardous waste or illegal drugs may
be located at an investigative home, the investigator will contact law
enforcement agencies and not enter the home until the local health department
determines it is safe to do so. The law enforcement agencies may be asked:
(a) to assess and secure a vulnerable adult's
immediate safety;
(b) facilitate
the vulnerable adult's exit from the home; and
(c) arrange for emergency transportation to
the hospital for decontamination.
(7) The investigator may obtain an
administrative subpoena when one of the following circumstances applies:
(a) the vulnerable adult does not have
capacity to consent to allow access to records to further the
investigation;
(b) the vulnerable
adult's legal guardian refuses to consent;
(c) the custodian of the records or items
pertinent to an investigation refuses to allow access to those records or items
without a subpoena; or
(d) the
information sought is necessary to investigate allegations of abuse, neglect or
exploitation or to protect the alleged victim.
(8) An administrative subpoena form:
(a) shall include a list that specifically
identifies the documents or objects being subpoenaed; and
(b) is not valid until signed by the director
or program administrator.
(9) The investigator shall document items
received as a result of the subpoena.
(10) the investigator shall evaluate
information obtained during the investigation and determine:
(a) whether each allegation of abuse, neglect
and exploitation identified during the investigation is supported,
inconclusive, or without merit; and
(b) law enforcement shall be contacted to
coordinate or assist on an investigation, if the investigation indicates that
criminal abuse, neglect or exploitation may have occurred or the safety of the
any person is endangered.
(11) If an unmet protective need exists:
(a) the investigator may refer the vulnerable
adult and the vulnerable adult's legal guardian to available community
resources and services to resolve the protective need;
(b) the investigator or supervisor may
request a review by the short term services Case Review committee to determine
if short term services may help to resolve the protective need;
(c) the investigator may make a referral to
the Office of Public Guardian;
(d)
the investigator may provide crisis intervention to assist the vulnerable adult
in obtaining services or benefits as it relates to the abuse, neglect or
exploitation;
(e) the investigator
may contact the family of a vulnerable adult who does not have capacity to
consent and inform the family that the vulnerable adult requires alternate
living arrangements in an environment that is safe and meets the vulnerable
adult's protective needs;
(f) the
investigator may provide protective intervention funds at the sole discretion
of APS, these funds may be made available to the vulnerable adult, family
caregiver or other provider to alleviate or resolve a protective need, and must
directly benefit the vulnerable adult;
(g) the investigator may provide one-time
payments for medications, medical treatment, or medical equipment or supplies
not covered by insurance or other medical coverage, transportation, minor
repairs or modifications, rent, food, or clothing, or other needs that directly
benefit the vulnerable adult to alleviate or resolve a protective need;
or
(h) the investigator may provide
payments for a service provider or individual for approved short term services
for respite care, supported living, or for short term intervention
funds.
