§ 42-66-8.2. Abuse, neglect, exploitation, and self-neglect of elderly persons — Investigation
of reports.
(a) The director of the office of healthy aging shall cause the report to be investigated
immediately to determine the circumstances surrounding the alleged abuse, neglect,
exploitation, or self-neglect and its cause. The investigation shall include personal
contact with the elder victim named in the report. Any person required to investigate
reports of abuse, neglect, exploitation, or self-neglect may question the subjects
of those reports with or without the consent of the caretaker, guardian, conservator,
person possessing a power of attorney given by the subject or other person responsible
for the elderly person's welfare.
(b) In cases of reported abuse, neglect, and exploitation, when deemed by the investigator
or other person responsible for the investigation of the report to be in the best
interests of the alleged victim, the interview of the alleged victim(s) shall take
place in the absence of the caretaker, guardian, conservator, person possessing a
power of attorney given by the subject or other person responsible for the elderly
person's welfare, or any other person allegedly responsible for the abuse, neglect,
or exploitation.
(c) In the event that any person required to investigate those reports is denied reasonable
access to an elderly subject of the report by the caretaker, guardian, conservator,
person possessing a power of attorney given by the subject or other person responsible
for the elderly person's welfare and the investigator determines that the best interests
of the elderly person require, the investigator with the approval of the director
may request the intervention of the local law enforcement agency to secure reasonable
access to the elderly subject of the report.
(d) In the event that after investigation, the office of healthy aging has reasonable
cause to know or suspect that a person sixty (60) years of age or older has been a
victim of: (1) an "assault� as defined in chapter 5 of title 11; or (2) an "assault� as defined in chapter 37 of title 11; or (3) an offense under chapter 10 of title 11, or has been a victim of "exploitation� as defined in this chapter, the investigator,
with the approval of the director, shall immediately forward that information to the
local law enforcement agency.
(e) When it is determined after investigation that protective services are necessary,
the office of healthy aging shall develop a protective services care plan and coordinate,
in conjunction with existing public and private agencies and departments, available
and existing services as are needed by the person abused, neglected, exploited, or
self-neglecting. In developing the protective services care plan, the elderly person's
rights to self-determination and lifestyle preferences commensurate with the elderly
person's needs shall be of prime consideration. If the elderly person withdraws consent
or refuses to accept protective services, the services shall not be provided.