§ 471. Isolation; rebuttable presumption
The act of isolation as set forth in section 452(r) of this chapter is subject to a rebuttable presumption that the act does not constitute isolation if: (a) The act is performed pursuant to the instructions of a physician or surgeon licensed to practice medicine in the territory, who is caring for the elder or […]
§ 472. Remedies
(a) Abuse and neglect. In any civil action brought under this chapter, when it is proven by clear and convincing evidence that a defendant is liable for physical abuse, neglect or financial abuse, as defined in this chapter and the defendant has been found to have been negligent, oppressive, fraudulent, or malicious in the commission […]
§ 474. Death of the elder or dependent adult; jurisdiction
(a) The death of the elder or dependent adult does not cause the court to lose jurisdiction in any claim for relief for abuse of an elder or dependent adult. (b) Upon petition, after the death of the elder or dependent adult, the right to maintain an action shall be transferred to the personal representative […]
§ 475. Protective order for an elder or dependent adult who has suffered abuse; prohibition against possession of firearm
(a) An elder or dependent adult who has suffered abuse as defined in this subchapter may seek protective orders as provided in this section. (b) For the purposes of this section, “protective order” means an order that includes any of the following restraining orders, whether issued ex parte, after notice and hearing, or in a […]
§ 476. Reimbursement
(a) The Department shall establish, by regulation, financial eligibility guidelines that provide a procedure for reimbursement by elderly persons or disabled adults for all or part of the costs of protective services. If the Department determines that the elderly person or disabled adult who is in need of protective services has sufficient resources to pay […]
§ 477. Rules and regulations
The Commissioner of Human Services may revise the rules and regulations for the implementation of the provisions of the Elder and Dependent Adult Abuse Prevention Act.
§ 466. Access to information
(a) Unless otherwise prohibited by law, the Police Department shall make available to the Department of Health and the Department of Human Services, at no cost as determined by the Virgin Islands Police Department, access to the Virgin Islands Police Department database; or (b) The Virgin Islands Police Department and the Department of Health may […]
§ 467. Statement as to knowledge of compliance with reporting requirements
(a) Any person who enters into employment on or after January 1, 2009, as a care custodian, clergy member, health practitioner, or with the Department Human Services or a local law enforcement agency, before commencing his employment and as a prerequisite to the employment, shall sign a statement on a form provided by the prospective […]
§ 469. Criminal abuse or neglect of an elder or dependent adult
(a) A person being a caregiver is guilty of felony criminal abuse or neglect of an elder or dependent adult person punishable by a term of imprisonment of not less than one year nor more than three years, who and knowingly (1) performs an acts that causes an elder or dependent adults’ life to be […]
§ 470. Financial abuse of an elder or dependent adult; bad faith
(a) Financial abuse of an elder or dependent adult as set forth in section 452(m) of this chapter occurs when all of the following are present: (1) a person or entity; (2) takes, secretes, appropriates or retains property of an elder or dependent adult, or assists with the taking, secreting, appropriating or retention of property […]