1.    Upon receipt of any report of suspected abuse, neglect, exploitation, or a complaint made pursuant to sections 25-01.3-01 through 25-01.3-12, the project shall assess the need for an investigation of the report or complaint. If the project determines the report or complaint is warranted, the project shall investigate or cause the report or complaint to be investigated. For the purpose of investigating a report or a complaint, the project may:

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Terms Used In North Dakota Code 25-01.3-08

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Individual: means a human being. See North Dakota Code 1-01-49
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49

a.    Interview the alleged victim who has developmental disabilities or mental illness at any time of the day or night, with or without notice.

b.    Interview any other individual who may have knowledge of the situation.

c.    Access all locations under the control of the caretaker where records or other information exist, including the residence of the alleged victim.

d. Coordinate investigations with other agencies, departments, or other entities providing services necessary or advisable for the person with developmental disabilities or mental illness.

e.    Delegate investigatory powers to the extent necessary and appropriate to any individual or entity.

2.    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.

3.    This section does not prohibit the project from assessing the opportunity for voluntary compliance and other appropriate remedies in the course of investigating a report or complaint.