§ 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.
§ 462. Training programs
(a) The Department of Human Services shall offer training programs to local law enforcement and prosecutorial personnel in investigating crimes against elders and dependent adults. (b) The Department of Human Services shall offer training programs in evaluating and documenting instances of criminal abuse against elders and dependent adults to: (1) the Department of Health; (2) […]
§ 463. Provision of instructional materials regarding elder and dependent adult abuse and neglect
The Police Department and the Department of Human Services in conjunction with the Department of Health shall provide organizations with instructional materials regarding elder and dependent adult abuse and neglect and their obligation to report under this chapter. At a minimum, the instructional materials must include the following: (a) An explanation of elder or dependent […]
§ 464. Forms for written abuse reports; contents
(a) (1) The written abuse reports required for the reporting of abuse, as defined in this chapter, must be submitted on forms adopted by the Department of Human Services after consultation with representatives of the various law enforcement agencies, the Department of Health, professional medical and nursing agencies, hospital associations and district welfare agencies. The […]
§ 465. Criminal background check for certified nurses assistants and certified home health aide applicants
(a) All initial certified nurse assistant and certified home health aide applicants, shall as a requirement for certification, undergo a criminal background check. (b) Certified nurse assistants and home health aides certified prior to January 1, 2009, shall, as a condition of renewal of their certificates, undergo a criminal background checks. Commencing January 1, 200p […]