63.2-1605 - Protective services for adults by local departments. - Virginia Statutes

§ 63.2-1605. Protective services for adults by local departments.

A. Each local board, to the extent that federal or state matching funds aremade available to each locality, shall provide, subject to supervision of theCommissioner and in accordance with regulations adopted by the Board, adultprotective services for adults who are found to be abused, neglected orexploited and who meet one of the following criteria: (i) the adult is 60years of age or older or (ii) the adult is 18 years of age or older and isincapacitated. The requirement to provide such services shall not limit theright of any individual to refuse to accept any of the services so offered,except as provided in § 63.2-1608.

B. Upon receipt of the report pursuant to § 63.2-1606, the local departmentshall determine the validity of such report and shall initiate aninvestigation within 24 hours of the time the report is received in the localdepartment. Local departments shall consider valid any report meeting all ofthe following criteria: (i) the subject of the report is an adult as definedin this article, (ii) the report concerns a specific adult and there isenough information to locate the adult, and (iii) the report describes thecircumstances of the alleged abuse, neglect, or exploitation.

C. The local department shall refer any appropriate matter and all relevantdocumentation to the appropriate licensing, regulatory, or legal authorityfor administrative action or criminal investigation.

D. If a local department is denied access to an adult for whom there isreason to suspect the need for adult protective services, then the localdepartment may petition the circuit court for an order allowing access orentry or both. Upon a showing of good cause supported by an affidavit ortestimony in person, the court may enter an order permitting such access orentry.

E. In any case of suspected adult abuse, neglect, or exploitation, localdepartments, with the informed consent of the adult or his legalrepresentative, shall take or cause to be taken photographs, videorecordings, or appropriate medical imaging of the adult and his environmentas long as such measures are relevant to the investigation and do notconflict with § 18.2-386.1. However, if the adult is determined to beincapable of making an informed decision and of giving informed consent andeither has no legal representative or the legal representative is thesuspected perpetrator of the adult abuse, neglect, or exploitation, consentmay be given by an agent appointed under an advance medical directive ormedical power of attorney, or by a person authorized, pursuant to §54.1-2986. In the event no agent or authorized representative is immediatelyavailable then consent shall be deemed to be given.

F. Local departments shall foster the development, implementation, andcoordination of adult protective services to prevent adult abuse, neglect,and exploitation.

G. Local departments shall not investigate allegations of abuse, neglect, orexploitation of adults incarcerated in state correctional facilities.

H. Local departments or the adult protective services hotline, upon receivingthe initial report pursuant to § 63.2-1606, shall immediately notify thelocal law-enforcement agency where the adult resides, or where the allegedabuse, neglect, or exploitation took place, or if these places are unknown,then where the alleged abuse, neglect, or exploitation was discovered, whenin receipt of a report describing any of the following:

1. Sexual abuse as defined in § 18.2-67.10;

2. Death, serious bodily injury or disease as defined in § 18.2-369 that isbelieved to be the result of abuse or neglect; or

3. Any other criminal activity involving abuse or neglect that places theadult in imminent danger of death or serious bodily harm.

I. The report and evidence received by the local department and any writtenfindings, evaluations, records, and recommended actions shall be confidentialand shall be exempt from disclosure requirements of the Virginia Freedom ofInformation Act (§ 2.2-3700 et seq.), except that such information may bedisclosed to persons having a legitimate interest in the matter in accordancewith §§ 63.2-102 and 63.2-104 and pursuant to official interagency agreementsor memoranda of understanding between state agencies.

(1974, c. 329, § 63.1-55.1; 1977, c. 547; 1978, c. 749; 1983, c. 604; 1999,c. 749; 2002, c. 747; 2004, cc. 749, 1011; 2006, c. 149; 2009, c. 673.)