§9-6-1. Definitions
As used in this article: (1) “Adult protective services agency” means any public or nonprofit private agency, corporation, board, or organization furnishing protective services to adults;
§9-6-10. Mandatory Reporting to Medical Examiner or Coroner; Postmortem Investigation
(a) Any person or official who is required under 9-6-9 of this code to report cases of suspected abuse, neglect, or financial exploitation, and who has probable cause to believe that a vulnerable adult or facility resident has died as a result of abuse or neglect, shall report that fact to the appropriate medical examiner […]
§9-6-11. Reporting Procedures
(a) A report of neglect, abuse, or financial exploitation of a vulnerable adult or facility resident, or of an emergency situation involving such an adult, shall be made immediately, and not more than 48 hours after suspecting abuse, neglect or financial exploitation, to the departments adult protective services agency by a method established by the […]
§9-6-12. Reporting Person's Immunity From Liability
(a) Any person who in good faith makes or causes to be made any report permitted or required by this article shall be immune from any civil or criminal liability which might otherwise arise solely out of making such report. (b) No nursing home may discharge or in any manner discriminate against any resident, family […]
§9-6-13. Abrogation of Privileged Communications
The privileged status of communications between husband and wife, and with any person required to make reports under 9-6-9 or 9-6-10 of this code, except communications between an attorney and his or her client, is hereby abrogated in circumstances involving suspected or known abuse, neglect, or financial exploitation of a vulnerable adult, or where the […]
§9-6-14. Failure to Report; Penalty
Any person subject to the mandatory reporting provisions of this article who knowingly fails to make any report required herein or any person who knowingly prevents another person from making such a report is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $100 or imprisoned in the county jail […]
§9-6-16. Compelling Production of Information
(a)(1) In order to obtain information regarding the location of an adult who is the subject of an allegation of abuse, neglect, or financial exploitation, the Secretary of the Department of Health and Human Resources may serve, by certified mail, personal service, or facsimile, an administrative subpoena on any corporation, partnership, business, or organization for […]
§9-6-2. Adult Protective Services; Immunity From Civil Liability; Rules; Organization and Duties
(a) There is continued within the Department of Health and Human Resources the system of adult protective services. (b) The secretary shall propose rules for legislative approval in accordance with the provisions of 29A-3-1 et seq. of this code regarding the organization and duties of the adult protective services system and the procedures to be […]
§9-6-3. Cooperation Among Agencies; Termination and Reduction of Assistance by Commissioner
The secretary shall direct the coordination of the investigation of complaints of abuse, neglect, or financial exploitation made pursuant to this article, and the various agencies of the department, the adult protective services system, the state and regional long-term care ombudsmen, administrators of nursing homes or other residential facilities, county prosecutors, and any other applicable […]
§9-6-4. Action to Abate Abuse, Neglect, Emergency, or Financial Exploitation
The department or any reputable person may bring and maintain an action against any person having actual care, custody, or control of a vulnerable adult, for injunctive relief, including a preliminary injunction, to restrain and abate any abuse, neglect, or financial exploitation of a vulnerable adult or to abate an emergency situation. In any such […]
§9-6-5. Emergency Immediate Remedial Treatment; Procedure
Whenever a circuit court shall find in an action to abate an emergency situation that there is probable cause to believe that a vulnerable adult is in an emergency situation and that the person or persons having the immediate care, custody, and control of such vulnerable adult refuses to take necessary steps to alleviate such […]
§9-6-6. Payment and Termination of Payment for Services to a Vulnerable Adult
If any vulnerable adult requires and is granted remedial treatment for an emergency, or the department determines that a vulnerable adult is abused, neglected, or financially exploited, the department may pay any assistance granted for the use and benefit of such vulnerable adult to the person actually providing care for such adult, and terminate payments […]
§9-6-7. Comprehensive System of Adult Protective Services; Compulsory Assistance Prohibited
The department shall develop a plan for a comprehensive system of adult protective services, including social casework, medical and psychiatric services, home care, day care, counseling, research, and others to achieve the goals of this article. It shall offer such services as are available and appropriate in the circumstances to persons who, other than for […]
§9-6-8. Confidentiality of Records
(a) Except as otherwise provided in this section, all records of the department, state and regional long-term care ombudsmen, nursing home or facility administrators, the Office of Health Facility Licensure and Certification, and all protective services agencies concerning an adult or facility resident under this article are confidential and may not be released, except in […]
§9-6-9. Mandatory Reporting of Incidences of Abuse, Neglect, Financial Exploitation, or Emergency Situation
(a) If any medical, dental, or mental health professional, Christian Science practitioner, religious healer, social service worker, law-enforcement officer, humane officer, or any employee of any nursing home or other residential facility, has reasonable cause to believe that a vulnerable adult or facility resident is or has been neglected, abused, financially exploited or placed in […]
§9-6-9a. Mandatory Reporting Suspected of Animal Cruelty by Adult Protective Service Workers
In the event an adult protective service worker, in response to a report mandated by section nine of this article, forms a reasonable suspicion that an animal is the victim of cruel or inhumane treatment, he or she shall report the suspicion and the basis therefor to the county humane officer provided under section one, […]