§ 40.1-27-3. Duties of the director of the department of behavioral healthcare, developmental disabilities
and hospitals.
The director of the department of behavioral healthcare, developmental disabilities
and hospitals, or his or her designee shall:
(1) Notify the attorney general, or his or her designee, the chair of the program's human
rights committee forthwith upon receipt of an oral or written report made pursuant
to § 40.1-27-2;
(2) Investigate and evaluate, or cause to be investigated and evaluated, the information
reported in those reports. The investigation and evaluation shall be made within twenty-four
(24) hours if the director of the department of behavioral healthcare, developmental
disabilities and hospitals has reasonable cause to believe the participant's health
or safety is in immediate danger of further abuse or neglect and within seven (7)
days for all other reports. The investigations shall include a visit to the program;
an interview with the participant allegedly abused, mistreated, or neglected; an interview
with all witnesses to the alleged incident; a determination of the nature, extent,
and cause, or causes, of the injuries; the identity of the person, or persons, responsible
therefor; all other pertinent facts; and recommendations to prevent further abuse,
mistreatment, or neglect of the participant or other program participants. The determination
shall be in writing;
(3) Evaluate the environment in the program named in the report and make a written determination
of the risk of physical or emotional injury to any other participants in the same
program;
(4) Forward to the attorney general and the chair of the program's human rights committee,
within fifteen (15) days after a case is initially reported pursuant to § 40.1-27-2, a summary of the findings and recommendations on each case;
(5) If the director of the department of behavioral healthcare, developmental disabilities
and hospitals has reasonable cause to believe that a participant had died as a result
of abuse, mistreatment, or neglect, immediately report the death to the attorney general
and to the office of the medical examiner. The office of the medical examiner shall
investigate the report and communicate its preliminary findings, orally within seventy-two
(72) hours, and in writing within seven (7) working days to the attorney general and
to the department of behavioral healthcare, developmental disabilities and hospitals.
The office of the medical examiner shall also communicate its final findings and conclusions,
with the basis therefore to the same parties within sixty (60) days;
(6) Promulgate such regulations as may be necessary to implement the provisions of this
chapter; and
(7) Maintain a file of the written reports prepared pursuant to this chapter. The written
reports shall be confidential, but shall be released to the attorney general, to a
court of competent jurisdiction, and upon written request to the participant, his
or her counsel, the reporting person or agency, the appropriate review board, or a
social worker assigned to the case.