Section 35-20-101 – Short Title.
35-20-101. Short title. This act may be cited as the “Adult Protective Services Act”.
Section 35-20-102 – Definitions.
35-20-102. Definitions. (a) As used in this act: (i) “Abandonment” means leaving a vulnerable adult without financial support or the means or ability to obtain food, clothing, shelter or health care; (ii) “Abuse” means the intentional or reckless infliction, by the vulnerable adult’s caregiver, person of trust or authority, professional, family member or other individual […]
Section 35-20-103 – Reports of Abuse, Neglect, Exploitation, Intimidation or Abandonment of Vulnerable Adult; Reports Maintained in Central Registry.
35-20-103. Reports of abuse, neglect, exploitation, intimidation or abandonment of vulnerable adult; reports maintained in central registry. (a) Any person or agency who knows or has reasonable cause to believe that a vulnerable adult is being or has been abused, neglected, exploited, intimidated or abandoned or is committing self neglect shall report the information immediately […]
Section 35-20-104 – Department to Coordinate Services; Rules and Regulations.
35-20-104. Department to coordinate services; rules and regulations. (a) The department shall: (i) Coordinate a protective services program consistent with this act, with the goal of ensuring that every vulnerable adult in need of protective services will have access to protective services; (ii) Adopt rules, regulations and standards for services provided by the department necessary […]
Section 35-20-105 – Protective Services; No Services Without Consent; Responsibility for Costs.
35-20-105. Protective services; no services without consent; responsibility for costs. (a) The department may furnish protective services in response to a request for assistance from the vulnerable adult, his caregiver, conservator, guardian, guardian ad litem or agent, or a family member. The department shall not serve as a caregiver. (b) Except under conditions provided for […]
Section 35-20-106 – Petition by Department When Caregiver Refuses to Allow Services; Injunction.
35-20-106. Petition by department when caregiver refuses to allow services; injunction. (a) When a vulnerable adult needs protective services and the caregiver refuses to allow the provision of those services, the department, through the attorney general or the district attorney, may petition the court for an order enjoining the caregiver from interfering with the provision […]
Section 35-20-107 – Emergency Services.
35-20-107. Emergency services. (a) If an emergency exists and the department has reasonable cause to believe that a vulnerable adult is suffering from abuse, neglect, self neglect, exploitation, intimidation or abandonment and lacks the capacity to consent to the provision of protective services, the department, through the attorney general or the district attorney, may petition […]
Section 35-20-108 – Records Confidential; Exception.
35-20-108. Records confidential; exception. Except as provided under W.S. 35-20-116, records of the department or other agency or the court pertaining to a vulnerable adult receiving protective services under this act are not open to public inspection. Information contained in those records shall not be disclosed to the public in any manner that will identify […]
Section 35-20-110 – When Access to Vulnerable Adult Denied; Injunction.
35-20-110. When access to vulnerable adult denied; injunction. If access to the vulnerable adult is denied to law enforcement or the department seeking to investigate a report of abuse, neglect, exploitation, intimidation, abandonment or self neglect of a vulnerable adult, the investigator may seek an injunction to prevent interference with the investigation. The court may […]
Section 35-20-111 – Duty to Report.
35-20-111. Duty to report. (a) The duty to report imposed by W.S. 35-20-103 applies without exception to a person or agency who knows, or has sufficient knowledge which a prudent and cautious man in similar circumstances would have to believe, that a vulnerable adult has been or is being abused, neglected, exploited, intimidated or abandoned, […]
Section 35-20-112 – Confidentiality of Records; Penalties; Access to Information.
35-20-112. Confidentiality of records; penalties; access to information. (a) All records concerning reports and investigations of vulnerable adult abuse, neglect, exploitation, intimidation, abandonment or self neglect are confidential except as provided by W.S. 35-20-116 and except that the record shall be available to the vulnerable adult who is the subject of the record, his legal […]
Section 35-20-113 – False Report; Penalty.
35-20-113. False report; penalty. A person commits a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both, if he reports information pursuant to this act and knows or has reason to know the information is false or lacks factual foundation.
Section 35-20-114 – Immunity.
35-20-114. Immunity. (a) A person or agency filing a report under this act or testifying or otherwise participating in any judicial proceeding arising from a petition, report, or investigation is immune from civil or criminal liability on account of the person’s petition, report, testimony or participation, unless the person knowingly or negligently reports information that […]
Section 35-20-115 – Central Registry of Adult Protection Cases; Establishment; Operation; Amendment, Expungement or Removal of Records; Classification and Expungement of Reports; Statement of Person Accused.
35-20-115. Central registry of adult protection cases; establishment; operation; amendment, expungement or removal of records; classification and expungement of reports; statement of person accused. (a) The department shall establish and maintain a record of all adult protection reports and a central registry of under investigation and substantiated adult protection cases under this act. (b) Through […]
Section 35-20-116 – Access to Central Registry Records Pertaining to Adult Protection Cases; Child and Vulnerable Adult Abuse and Registry Account.
35-20-116. Access to central registry records pertaining to adult protection cases; child and vulnerable adult abuse and registry account. (a) Upon appropriate application and for employee or volunteer screening purposes, the department shall provide to any employer or entity whose employees or volunteers may have unsupervised access to vulnerable adults in the course of their […]