§ 460. Designation of agency to investigate reports; inventory of service agencies to assist victims
(a) Investigations of reports of known or suspected instances of elder or dependent adult abuse are the responsibility of the Department of Human Services when the following are alleged: (i) emotional abuse; (ii) neglect; (iii) abandonment; (iv) isolation; (v) maltreatment; (vi) exploitation; (vii) deprivation by a care custodian of goods or services necessary to avoid […]
§ 461. Guidelines for determining whether investigation is warranted
(a) The Department of Human Services shall maintain minimum guidelines for use in determining when an investigation of abuse is warranted. (b) The Virgin Islands Police Department shall develop uniform guidelines for local law enforcement assistance with investigations of allegations of abuse to elders and dependent adults. Once developed, the guidelines must remain in effect […]
§ 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 […]
§ 455. Evidentiary privileges
Nothing in this chapter may be construed as requiring an attorney to violate the attorney’s oath and duties.
§ 456. Disclosure; penalties
(a) The reports required by this chapter are confidential and may be disclosed only as provided in this section. Any violation of the confidentiality required by this chapter is a misdemeanor punishable by a fine of $500 or not less than six month’s imprisonment, or both such fine and imprisonment. (b) Reports of suspected elder […]
§ 457. Identity of person reporting; confidentiality
(a) The identity of any person who reports under this chapter is confidential and may be disclosed only among the following agencies or persons representing the agency: (1) The Department Human Services; (2) A licensing agency; (3) A local law enforcement agency; (4) The office of the Attorney General; (5) Department of Health; (6) The […]
§ 458. Immunity from liability of persons authorized to report abuse; attorney costs
(a) A care custodian, clergy member, health practitioner, or employee of the Department of Human Services or a local law enforcement agency is not civilly or criminally liable for any report required or authorized by this chapter. (b) Any other person reporting a known or suspected instance of elder or dependent adult abuse does not […]