§43A-10-115. Multidisciplinary elderly and vulnerable adult abuse team to investigate and prosecute crimes.
A. In coordination with the District Attorneys Council, each district attorney may develop a multidisciplinary team for the investigation and prosecution of crimes committed against the elderly or vulnerable adults in each county of the district attorney or in a contiguous group of counties. The lead agency for the team shall be chosen by the […]
§43A-10-104v2. Persons required to report abuse, neglect, or exploitation – Penalty – Immunity – Civil liability for false reports – Disclosure of health information – Reporting of suspicious deaths – Impairment of employment prohibited.
A. Any person having reasonable cause to believe that a vulnerable adult is suffering from abuse, neglect, or exploitation shall make a report as soon as the person is aware of the situation to: 1. The Department of Human Services; or 2. The municipal police department or sheriff’s office in the county in which the […]
§43A-10-105. Investigation of report.
A. Upon receiving a report of alleged abuse, neglect, or exploitation of a vulnerable adult pursuant to the provisions of the Protective Services for Vulnerable Adults Act, the Department of Human Services shall make a prompt and thorough investigation. When feasible, law enforcement and the Department shall conduct joint investigations in order to reduce potential […]
§43A-10-105.1. Notice of investigation – Consent of vulnerable adult – Summary and written description – Explanation of procedures.
A. As soon as possible after initiating an investigation of a referral regarding a vulnerable adult, the Department shall provide to the caretaker of the alleged victim, the legal guardian, and next of kin of the vulnerable adult notification including a brief oral summary and easily understood written description of the investigation process, whether or […]
§43A-10-106. Voluntary protective services.
A. If the Department of Human Services determines, as a result of its investigation, that a vulnerable adult needs protective services, the Department shall immediately provide or arrange for the provision of available protective services in the least restrictive manner, provided the person affirmatively consents to receive these services. B. 1. When a caretaker of […]
§43A-10-107. Involuntary protective services.
A. If a vulnerable adult lacks the capacity to consent to receive protective services recommended by the Department of Human Services, these services may be ordered by a court on an involuntary basis through an emergency order. B. 1. In ordering emergency involuntary protective services for a vulnerable adult, the court shall authorize only that […]
§43A-10-108. Petition for involuntary protective services.
A. 1. If the Department of Human Services determines that a vulnerable adult is suffering from abuse, neglect, self-neglect, or financial neglect or exploitation presenting a substantial risk of death or immediate and serious physical harm to the person or financial exploitation of the estate of the person, and the vulnerable adult lacks mental capacity […]
§43A-10-109. Utilization of available services.
A. In providing any of the duties set forth in this act, the Department of Human Services may provide direct protective services. B. The Department may contract with any public or private agency for the provision of protective services. C. The Department shall utilize to the extent appropriate and available existing resources and services of […]
§43A-10-109a. Uniform policies for Department employees providing services for vulnerable adults.
A. The Commission for Human Services shall establish uniform policies detailing the responsibilities and duties of employees of the Department of Human Services when providing or arranging services for vulnerable adults whether the services are to be paid for by the vulnerable adult or from other private or public funds. B. The policies shall include, […]
§43A-10-110. Confidentiality of records and reports.
A. The reports, records, and working papers used or developed in an investigation of the circumstances of a vulnerable adult pursuant to the provisions of the Protective Services for Vulnerable Adults Act are confidential and may be disclosed only pursuant to rules promulgated by the Commission for Human Services, by order of the court or […]