§ 451. Short title
This chapter may be cited as “The Elder and Dependent Adult Abuse Prevention Act.”
§ 452. Definitions
The following terms have the meaning set forth in this chapter, unless the context requires otherwise— (a) “Abandonment” means the desertion or willful forsaking of an elder or dependent adult by anyone having care or custody of that person under circumstances in which a reasonable person would continue to provide care and custody. (b) “Abduction” […]
§ 453. Mandated reporter; duties
(a) Any mandated reporter who, in the mandated reporter’s professional capacity, or within the scope of the mandated reporter’s employment, has observed or has knowledge of an incident that reasonably appears to be physical abuse, abandonment, abduction, isolation, financial abuse, or neglect, or is told by an elder or dependent adult that he has experienced […]
§ 454. Other persons making report
Any person who is not a mandated reporter under this chapter, who knows, or reasonably suspects, that an elder or dependent adult has been the victim of abuse may report the abuse to a local law enforcement agency.
§ 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 […]
§ 459. Cross-report to law enforcement agency and licensing agency
(a) The Department of Human Services, local law enforcement agencies and the ombudsman shall report the results of their investigations, referrals or reports of elder or dependent adult abuse to the respective referring or reporting agencies in the following manner: (1) The Department of Human Services shall, within 24 hours after the reported incident or […]
§ 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 […]
§ 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 […]
§ 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 […]