§ 108A‑103. Dutyof director upon receiving report.
(a) Any director receiving a report that a disabled adult is inneed of protective services shall make a prompt and thorough evaluation todetermine whether the disabled adult is in need of protective services and whatservices are needed. The evaluation shall include a visit to the person andconsultation with others having knowledge of the facts of the particular case.When necessary for a complete evaluation of the report, the director shall havethe authority to review and copy any and all records, or any part of suchrecords, related to the care and treatment of the disabled adult that have beenmaintained by any individual, facility or agency acting as a caretaker for thedisabled adult. This shall include but not be limited to records maintained byfacilities licensed by the North Carolina Department of Health and HumanServices. Use of information so obtained shall be subject to and governed bythe provisions of G.S. 108A‑80 and Article 3 of Chapter 122C of theGeneral Statutes. The director shall have the authority to conduct an interviewwith the disabled adult with no other persons present. After completing theevaluation the director shall make a written report of the case indicatingwhether he believes protective services are needed and shall notify theindividual making the report of his determination as to whether the disabledadult needs protective services.
(b) The staff and physicians of local health departments, areamental health, developmental disabilities, and substance abuse authorities, andother public or private agencies shall cooperate fully with the director in theperformance of his duties. These duties include immediate accessibleevaluations and in‑home evaluations where the director deems thisnecessary.
(c) The director may contract with an agency or privatephysician for the purpose of providing immediate accessible medical evaluationsin the location that the director deems most appropriate.
(d) The director shall initiate the evaluation described insubsection (a) of this section as follows:
(1) Immediately upon receipt of the complaint if the complaintalleges a danger of death in an emergency as defined in G.S. 108A‑101(g).
(2) Within 24 hours if the complaint alleges danger ofirreparable harm in an emergency as defined by G.S. 108A‑101(g).
(3) Within 72 hours if the complaint does not allege danger ofdeath or irreparable harm in an emergency as defined by G.S. 108A‑101(g).
(4) Repealed by Session Laws 2000, c. 131, s. 1.
Theevaluation shall be completed within 30 days for allegations of abuse orneglect and within 45 days for allegations of exploitation. (1973, c. 1378, s. 1; 1975, c. 797; 1981, c. 275, s.1; 1985, c. 589, s. 35; c. 658, s. 1; 1985 (Reg. Sess., 1986), c. 863, s. 6;1991, c. 636, s. 19(c); 1997‑443, s. 11A.118(a); 1999‑334, s. 1.10;2000‑131, s. 1.)
§ 108A‑103. Dutyof director upon receiving report.
(a) Any director receiving a report that a disabled adult is inneed of protective services shall make a prompt and thorough evaluation todetermine whether the disabled adult is in need of protective services and whatservices are needed. The evaluation shall include a visit to the person andconsultation with others having knowledge of the facts of the particular case.When necessary for a complete evaluation of the report, the director shall havethe authority to review and copy any and all records, or any part of suchrecords, related to the care and treatment of the disabled adult that have beenmaintained by any individual, facility or agency acting as a caretaker for thedisabled adult. This shall include but not be limited to records maintained byfacilities licensed by the North Carolina Department of Health and HumanServices. Use of information so obtained shall be subject to and governed bythe provisions of G.S. 108A‑80 and Article 3 of Chapter 122C of theGeneral Statutes. The director shall have the authority to conduct an interviewwith the disabled adult with no other persons present. After completing theevaluation the director shall make a written report of the case indicatingwhether he believes protective services are needed and shall notify theindividual making the report of his determination as to whether the disabledadult needs protective services.
(b) The staff and physicians of local health departments, areamental health, developmental disabilities, and substance abuse authorities, andother public or private agencies shall cooperate fully with the director in theperformance of his duties. These duties include immediate accessibleevaluations and in‑home evaluations where the director deems thisnecessary.
(c) The director may contract with an agency or privatephysician for the purpose of providing immediate accessible medical evaluationsin the location that the director deems most appropriate.
(d) The director shall initiate the evaluation described insubsection (a) of this section as follows:
(1) Immediately upon receipt of the complaint if the complaintalleges a danger of death in an emergency as defined in G.S. 108A‑101(g).
(2) Within 24 hours if the complaint alleges danger ofirreparable harm in an emergency as defined by G.S. 108A‑101(g).
(3) Within 72 hours if the complaint does not allege danger ofdeath or irreparable harm in an emergency as defined by G.S. 108A‑101(g).
(4) Repealed by Session Laws 2000, c. 131, s. 1.
Theevaluation shall be completed within 30 days for allegations of abuse orneglect and within 45 days for allegations of exploitation. (1973, c. 1378, s. 1; 1975, c. 797; 1981, c. 275, s.1; 1985, c. 589, s. 35; c. 658, s. 1; 1985 (Reg. Sess., 1986), c. 863, s. 6;1991, c. 636, s. 19(c); 1997‑443, s. 11A.118(a); 1999‑334, s. 1.10;2000‑131, s. 1.)
§ 108A‑103. Dutyof director upon receiving report.
(a) Any director receiving a report that a disabled adult is inneed of protective services shall make a prompt and thorough evaluation todetermine whether the disabled adult is in need of protective services and whatservices are needed. The evaluation shall include a visit to the person andconsultation with others having knowledge of the facts of the particular case.When necessary for a complete evaluation of the report, the director shall havethe authority to review and copy any and all records, or any part of suchrecords, related to the care and treatment of the disabled adult that have beenmaintained by any individual, facility or agency acting as a caretaker for thedisabled adult. This shall include but not be limited to records maintained byfacilities licensed by the North Carolina Department of Health and HumanServices. Use of information so obtained shall be subject to and governed bythe provisions of G.S. 108A‑80 and Article 3 of Chapter 122C of theGeneral Statutes. The director shall have the authority to conduct an interviewwith the disabled adult with no other persons present. After completing theevaluation the director shall make a written report of the case indicatingwhether he believes protective services are needed and shall notify theindividual making the report of his determination as to whether the disabledadult needs protective services.
(b) The staff and physicians of local health departments, areamental health, developmental disabilities, and substance abuse authorities, andother public or private agencies shall cooperate fully with the director in theperformance of his duties. These duties include immediate accessibleevaluations and in‑home evaluations where the director deems thisnecessary.
(c) The director may contract with an agency or privatephysician for the purpose of providing immediate accessible medical evaluationsin the location that the director deems most appropriate.
(d) The director shall initiate the evaluation described insubsection (a) of this section as follows:
(1) Immediately upon receipt of the complaint if the complaintalleges a danger of death in an emergency as defined in G.S. 108A‑101(g).
(2) Within 24 hours if the complaint alleges danger ofirreparable harm in an emergency as defined by G.S. 108A‑101(g).
(3) Within 72 hours if the complaint does not allege danger ofdeath or irreparable harm in an emergency as defined by G.S. 108A‑101(g).
(4) Repealed by Session Laws 2000, c. 131, s. 1.
Theevaluation shall be completed within 30 days for allegations of abuse orneglect and within 45 days for allegations of exploitation. (1973, c. 1378, s. 1; 1975, c. 797; 1981, c. 275, s.1; 1985, c. 589, s. 35; c. 658, s. 1; 1985 (Reg. Sess., 1986), c. 863, s. 6;1991, c. 636, s. 19(c); 1997‑443, s. 11A.118(a); 1999‑334, s. 1.10;2000‑131, s. 1.)
