(a) The director of the department 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.
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Terms Used In Rhode Island General Laws 42-66-8.2
- Abuse: means physical abuse, sexual abuse, and/or emotional abuse of an elderly person by a caregiver as defined in subsection (5). See Rhode Island General Laws 42-66-4.1
- elder: means any person sixty (60) years of age or older. See Rhode Island General Laws 42-66-4.1
- Exploitation: means the fraudulent or otherwise illegal, unauthorized or improper act or process of an individual, including, but not limited to, a caregiver or fiduciary, that uses the resources of an elder for monetary or personal benefit, profit, gain, or that results in depriving an elder of rightful access to, or use of, benefits, resources, belongings, or assets by use of undue influence, harassment, duress, deception, false representation or false pretenses. See Rhode Island General Laws 42-66-4.1
- 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.
- Neglect: means the willful failure by a caregiver or other person with a duty of care to provide goods or services necessary to avoid physical harm, mental harm or mental illness to an elderly person, including, but not limited to, "abandonment" (withdrawal of necessary assistance) and denial of food or health related services. See Rhode Island General Laws 42-66-4.1
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Protective services: means services and/or action intended to prevent and/or alleviate the abuse, neglect, exploitation or self-neglect of elderly persons. See Rhode Island General Laws 42-66-4.1
- Self-neglect: means a pattern of behavior in an elderly person that directly, imminently and significantly threatens his/her own health and/or, safety. See Rhode Island General Laws 42-66-4.1
(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 elder 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 department 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 department 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 his or her needs shall be of prime consideration. If the elderly person withdraws consent or refuses to accept protective services, the services shall not be provided.
History of Section.
P.L. 1991, ch. 253, § 2; P.L. 1992, ch. 406, § 1; P.L. 2007, ch. 84, § 1; P.L. 2007, ch. 209, § 1.
