§ 50-25.2-05 — Evaluation and assessment - Participation by law enforcement agencies - Entry

North Dakota § 50-25.2-05

• Jurisdiction: North Dakota
• Title 50: Public Welfare
• Ch. 50-25.2: Vulnerable Adult Protection Services

Text

Entry.
1. The department or the department's designee shall immediately evaluate and assess
any report received by the department or the department's designee under section
50-25.2-03, including the residence of the alleged vulnerable adult and the
circumstances surrounding the report. For the purpose of evaluating a report or
providing other adult protective services, the department or the department's designee
may:
a. Interview the alleged vulnerable adult, with or without notice to the caregiver or
any other person, and interview the caregiver and any other individual who may
have knowledge of the circumstances surrounding the report;
b. Enter any premises in which the alleged vulnerable adult is an occupant, with the
consent of the alleged vulnerable adult or the caregiver;
c. Have access to all records of the vulnerable adult:
(1) If the vulnerable adult, or the caregiver or legal representative of the
vulnerable adult, has authorized the department or the department's
designee to have access;
(2) If the vulnerable adult, because of a substantial functional or mental
impairment, is unable to authorize the department or the department's
designee to have such access, does not have a legal guardian or other legal
representative, and is an individual with respect to whom a report was
received by the department or the department's designee; or
(3) If the vulnerable adult, because of a substantial functional or mental
impairment, is unable to authorize the department or the department's
designee to have such access, the legal guardian or other legal
representative is alleged to cause the circumstances surrounding the report,
and is an individual with respect to whom a report was received by the
department or the department's designee;
d. Coordinate the assessment and the provision of other adult protective services
with other state or local agencies, departments, or institutions, including the
agency of the protection and advocacy project, or private agencies,

organizations, and professionals providing services necessary or advisable for
the vulnerable adult; and
e. Request records, except as prohibited under title 42, Code of Federal
Regulations, part 2, from a medical, dental, or mental health professional,
hospital, medical or mental health facility, or health care clinic regarding a
vulnerable adult with respect to whom a report was received by the department or
the department's designee. A medical, dental, or mental health professional,
hospital, medical or mental health facility, or health care clinic shall disclose to the
department or the department's designee, upon request, the records of a patient
or client which are relevant to a vulnerable adult evaluation, assessment or other
adult protective services. The department, or the department's designee, shall
limit the request for records to the minimum amount of records necessary to
enable a determination to be made or to support other adult protective services.
2. If a report alleges, or circumstances surrounding the report indicate, a violation of a
criminal statute or an imminent danger of serious physical injury or death of the
vulnerable adult, the department or the department's designee shall notify the
appropriate law enforcement agency. In such a case, the law enforcement agency may
investigate the allegations in the report, take immediate steps if necessary to protect
the vulnerable adult, and institute legal proceedings if appropriate. The law
enforcement agency shall notify the department or the department's designee if such
action is taken. This section does not limit the responsibilities of law enforcement
agencies to enforce the laws of this state or preclude law enforcement agencies from
investigating, as appropriate, any alleged criminal conduct. In all other cases of
alleged abuse or neglect, the department or the department's designee may request
assistance in an evaluation or the provision of other adult protective services from an
appropriate law enforcement agency if necessary under the circumstances.
3. If the alleged vulnerable adult, or the caregiver, does not consent to an evaluation or
investigation, a search warrant may be issued by a magistrate pursuant to law upon a
showing of probable cause to believe that abuse or neglect has occurred. A law
enforcement officer may make a reasonable entry of the premises without a search
warrant or consent of the alleged vulnerable adult or caregiver for the purpose of
rendering assistance if the officer has probable cause to believe that the delay of entry
would cause the alleged vulnerable adult to be in imminent danger of serious physical
injury or death.