Montana Code 52-3-804. Duties of department
52-3-804. Duties of department. (1) The department shall investigate reports of abuse, sexual abuse, neglect, or exploitation received pursuant to 52-3-811(1)(a).
Terms Used In Montana Code 52-3-804
- Abuse: means :
(a)the infliction of physical or mental injury;
(b)the deprivation of food, shelter, clothing, or services necessary to maintain the physical or mental health of a vulnerable adult without lawful authority. See Montana Code 52-3-803
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 52-3-803
- Exploitation: means :
(a)the unreasonable use of a vulnerable adult or of a power of attorney, conservatorship, or guardianship with regard to a vulnerable adult in order to obtain control of or to divert to the advantage of another the ownership, use, benefit, or possession of or interest in the vulnerable adult's money, assets, or property by means of deception, duress, menace, fraud, undue influence, or intimidation with the intent or result of permanently depriving the vulnerable adult of the ownership, use, benefit, or possession of or interest in the vulnerable adult's money, assets, or property;
(b)an act taken by a person who has the trust and confidence of a vulnerable adult to obtain control of or to divert to the advantage of another the ownership, use, benefit, or possession of or interest in the vulnerable adult's money, assets, or property by means of deception, duress, menace, fraud, undue influence, or intimidation with the intent or result of permanently depriving the vulnerable adult of the ownership, use, benefit, or possession of or interest in the vulnerable adult's money, assets, or property;
(c)the unreasonable use of a vulnerable adult or of a power of attorney, conservatorship, or guardianship with regard to a vulnerable adult done in the course of an offer or sale of insurance or securities in order to obtain control of or to divert to the advantage of another the ownership, use, benefit, or possession of the vulnerable adult's money, assets, or property by means of deception, duress, menace, fraud, undue influence, or intimidation with the intent or result of permanently depriving the vulnerable adult of the ownership, use, benefit, or possession of the vulnerable adult's money, assets, or property. See Montana Code 52-3-803
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Incapacitated person: has the meaning provided in 72-5-101. See Montana Code 52-3-803
- Neglect: means the failure of a person who has assumed legal responsibility or a contractual obligation for caring for a vulnerable adult or who has voluntarily assumed responsibility for the a vulnerable adult's care, including an employee of a public or private residential institution, facility, home, or agency, to provide food, shelter, clothing, or services necessary to maintain the physical or mental health of the vulnerable adult. See Montana Code 52-3-803
- Physical injury: means death, permanent or temporary disfigurement, or impairment of any bodily organ or function. See Montana Code 52-3-803
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Sexual abuse: means the commission of sexual assault, sexual intercourse without consent, indecent exposure, deviate sexual conduct, incest, or sexual abuse of children as described in Title 45, chapter 5, part 5, and Title 45, chapter 8, part 2. See Montana Code 52-3-803
- Vulnerable adult: means a person who:
(a)is 60 years of age or older; or
(b)is 18 years of age or older and:
(i)is a person with a physical or mental impairment that substantially limits or restricts the person's ability to provide for their own care or protection; or
(ii)has a developmental disability as defined in 53-20-102. See Montana Code 52-3-803
(2)The department shall prepare an annual report of the information obtained pursuant to the reporting requirement of this part.
(3)The department shall, when appropriate, provide protective services under Title 52, chapter 3, part 2, for a vulnerable adult alleged to have been abused, sexually abused, neglected, or exploited.
(4)If a vulnerable adult alleged to be abused, sexually abused, neglected, or exploited pursuant to this part or the vulnerable adult’s caretaker refuses to allow a representative of the department entrance to the premises for the purpose of investigating a report made pursuant to 52-3-811(1)(a), the district court in the county where the vulnerable adult is found may order a law enforcement officer or a department representative to enter the premises to conduct an investigation on finding that there is probable cause to believe that the vulnerable adult is abused, sexually abused, neglected, or exploited.
(5)If a representative of the department has reasonable grounds to believe that a vulnerable adult alleged to be abused, sexually abused, neglected, or exploited is suffering from abuse, sexual abuse, neglect, or exploitation that presents a substantial risk of death or serious physical injury, the department may:
(a)provide voluntary protective services as provided in subsection (3); or
(b)if the department representative has reasonable grounds to believe that the vulnerable adult is an incapacitated person, provide emergency protective services as follows:
(i)arrange or facilitate an appropriate emergency protective service placement;
(ii)transport or arrange for the transport of the vulnerable adult to the appropriate placement;
(iii)not later than 2 judicial days following placement of the vulnerable adult, either:
(A)provide voluntary protective services as provided under subsection (3); or
(B)petition the district court to act as temporary guardian or appoint a temporary guardian as provided in 72-5-317.