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Statutes > North-dakota > T50 > T50c252

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CHAPTER 50-25.2VULNERABLE ADULT PROTECTION SERVICES50-25.2-01. Definitions. As used in this chapter, unless the context otherwise requires:1.&quot;Abuse&quot; means any willful act or omission of a caregiver or any other person which<br>results in physical injury, mental anguish, unreasonable confinement, sexual abuse<br>or exploitation, or financial exploitation to or of a vulnerable adult.2.&quot;Adult&quot; includes a minor emancipated by marriage.3.&quot;Adult protective services&quot; means remedial, social, legal, health, mental health, and<br>referral services provided for the prevention, correction, or discontinuance of abuse<br>or neglect which are necessary and appropriate under the circumstances to protect<br>an abused or neglected vulnerable adult, ensure that the least restrictive alternative<br>is provided, prevent further abuse or neglect, and promote self-care and<br>independent living.The term includes the following services provided by thedepartment or the department's designee:a.Receiving, evaluating, and assessing reports of alleged abuse or neglect;b.Arranging for and coordinating the provision of essential services;c.Providing case management and counseling for the purposes of planning and<br>providing social and other services needed by vulnerable adults;d.Arranging for and coordinating the provision of other services, including<br>financial management or assistance, legal assistance, and the services of<br>domestic violence programs;e.Monitoring the delivery of services to vulnerable adults and making progress<br>assessments; andf.Arranging for or providing, and coordinating, other services consistent with this<br>chapter.4.&quot;Caregiver&quot; means any person who has assumed the legal responsibility or a<br>contractual obligation for the care of a vulnerable adult or has voluntarily assumed<br>responsibility for the care of a vulnerable adult. The term includes a facility operated<br>by any public or private agency, organization, or institution which provides services<br>to, and has assumed responsibility for the care of, a vulnerable adult.5.&quot;Department&quot; means the department of human services.6.&quot;Essential services&quot; means those services necessary to maintain and safeguard the<br>physical and mental health of a vulnerable adult which include sufficient and<br>appropriate food and clothing, temperate and sanitary shelter, treatment for mental<br>or physical needs, appropriate treatment for medical needs as determined by a<br>physician or other health care provider, and proper supervision.7.&quot;Financial exploitation&quot; means the taking or misuse of property or resources of a<br>vulnerable adult by means of undue influence, breach of a fiduciary relationship,<br>deception, harassment, criminal coercion, theft, or other unlawful or improper<br>means.8.&quot;Least restrictive alternative&quot; means adult protective services provided in a manner<br>no more restrictive of a vulnerable adult's liberty and no more intrusive than<br>necessary to achieve and ensure the provision of essential services.Page No. 19.&quot;Living independently&quot; includes using the telephone, shopping, preparing food,<br>housekeeping, and administering medications.10.&quot;Mental anguish&quot; means psychological or emotional damage that requires medical<br>treatment or care or is characterized by behavioral change or physical symptoms.11.&quot;Neglect&quot; means the failure of a caregiver to provide essential services necessary to<br>maintain the physical and mental health of a vulnerable adult, or the inability or lack<br>of desire of the vulnerable adult to provide essential services necessary to maintain<br>and safeguard the vulnerable adult's own physical and mental health.12.&quot;Physical injury&quot; means damage to bodily tissue caused by nontherapeutic conduct,<br>which includes fractures, bruises, lacerations, internal injuries, dislocations, physical<br>pain, illness, or impairment of physical function.13.&quot;Self-care&quot; includes maintaining personal hygiene, eating, and dressing.14.&quot;Sexual abuse or exploitation&quot; includes those sex offenses defined in sections<br>12.1-20-02, 12.1-20-03, 12.1-20-04, 12.1-20-05, 12.1-20-06, 12.1-20-07, and<br>12.1-20-11.15.&quot;Substantial functional impairment&quot; means a substantial incapability, because of<br>physical limitations, of living independently or providing self-care as determined<br>through observation, diagnosis, evaluation, or assessment.16.&quot;Substantial mental impairment&quot; means a substantial disorder of thought, mood,<br>perception, orientation, or memory that grossly impairs judgment, behavior, or ability<br>to live independently or provide self-care as revealed by observation, diagnosis,<br>evaluation, or assessment.17.&quot;Vulnerable adult&quot; means an adult who has a substantial mental or functional<br>impairment.18.&quot;Willfully&quot; means willfully as defined in section 12.1-02-02.50-25.2-02. Adult protective services program - Rules. The department, with theadvice and cooperation of county social service boards, shall develop, administer, and cause to<br>be implemented a program of protective services for vulnerable adults consistent with this<br>chapter.In developing and administering the program, the department, within the limits oflegislative appropriation, shall allocate and distribute funds for the purpose of providing adult<br>protective services.All law enforcement agencies, courts of competent jurisdiction, andappropriate state and local agencies shall cooperate in the implementation and enforcement of<br>this chapter. The department may adopt rules in accordance with chapter 28-32 for the purpose<br>of implementing the provisions of this chapter.50-25.2-03. Voluntary reporting of abuse or neglect - Method of reporting.1.A person who has reasonable cause to believe that a vulnerable adult has been<br>subjected to abuse or neglect, or who observes a vulnerable adult being subjected to<br>conditions or circumstances that reasonably would result in abuse or neglect, may<br>report the information to the department or the department's designee or to an<br>appropriate law enforcement agency. A law enforcement agency receiving a report<br>under this section shall immediately notify the department or the department's<br>designee of the report.2.A person reporting under this section may make an oral or written report, as soon as<br>possible. To the extent reasonably possible, a person who makes a report under<br>this section shall include in the report:Page No. 2a.The name, age, and residence address of the alleged vulnerable adult;b.The name and residence address of the caregiver, if any;c.The nature and extent of the alleged abuse or neglect or the conditions and<br>circumstances that would reasonably be expected to result in abuse or neglect;d.Any evidence of previous abuse or neglect, including the nature and extent of<br>the abuse or neglect; ande.Any other information that in the opinion of the person making the report may<br>be helpful in establishing the cause of the alleged abuse or neglect and the<br>identity of the individual responsible for the alleged abuse or neglect.50-25.2-04. Referral of complaints concerning long-term care facilities. Any reportreceived by the department or the department's designee under section 50-25.2-03 complaining<br>of any administrative action, as defined in section 50-10.1-01, that may adversely affect or may<br>have adversely affected the health, safety, welfare, or personal or civil rights of a resident in a<br>long-term care facility, as defined in section 50-10.1-01, or a person who was discharged from a<br>long-term care facility within nine months of the complaint, must be referred to the state<br>long-term care ombudsman for investigation pursuant to chapter 50-10.1.50-25.2-05.Evaluation and assessment - Participation by law enforcementagencies - Entry.1.The department or the department's designee shall immediately evaluate and<br>assess any report received by the department or the department's designee under<br>section 50-25.2-03, including the residence of the alleged vulnerable adult and the<br>circumstances surrounding the report. For the purpose of evaluating a report or<br>providing other adult protective services, the department or the department's<br>designee may:a.Interview the alleged vulnerable adult, with or without notice to the caregiver or<br>any other person, and interview the caregiver and any other person who may<br>have knowledge of the circumstances surrounding the report;b.Enter any premises in which the alleged vulnerable adult is an occupant, with<br>the consent of the alleged vulnerable adult or the caregiver;c.Have access to all records of the vulnerable adult:(1)If the vulnerable adult, or the caregiver or legal representative of the<br>vulnerable adult, has authorized the department or the department's<br>designee to have access; or(2)If the vulnerable adult, because of a substantial functional or mental<br>impairment, is unable to authorize the department or the department's<br>designee to have such access, does not have a legal guardian or other<br>legal representative, and is a person with respect to whom a report was<br>received by the department or the department's designee; andd.Coordinate the assessment and the provision of other adult protective services<br>with other state or local agencies, departments, or institutions, including the<br>agency of the protection and advocacy project, or private agencies,<br>organizations, and professionals providing services necessary or advisable for<br>the vulnerable adult.2.If a report alleges, or circumstances surrounding the report indicate, a violation of a<br>criminal statute or an imminent danger of serious physical injury or death of thePage No. 3vulnerable adult, the department or the department's designee shall notify the<br>appropriate law enforcement agency. In such a case, the law enforcement agency<br>may investigate the allegations in the report, take immediate steps if necessary to<br>protect the vulnerable adult, and institute legal proceedings if appropriate. The law<br>enforcement agency shall notify the department or the department's designee if such<br>action is taken. This section does not limit the responsibilities of law enforcement<br>agencies to enforce the laws of this state or preclude law enforcement agencies<br>from investigating, as appropriate, any alleged criminal conduct. In all other cases of<br>alleged abuse or neglect, the department or the department's designee may request<br>assistance in an evaluation or the provision of other adult protective services from an<br>appropriate law enforcement agency if necessary under the circumstances.3.If the alleged vulnerable adult, or the caregiver, does not consent to an evaluation or<br>investigation, a search warrant may be issued by a magistrate pursuant to law upon<br>a showing of probable cause to believe that abuse or neglect has occurred. A law<br>enforcement officer may make a reasonable entry of the premises without a search<br>warrant or consent of the alleged vulnerable adult or caregiver for the purpose of<br>rendering assistance if the officer has probable cause to believe that the delay of<br>entry would cause the alleged vulnerable adult to be in imminent danger of serious<br>physical injury or death.50-25.2-06.Provision of adult protective services.If the department or thedepartment's designee determines that a vulnerable adult demonstrates a need for adult<br>protective services, the department or the department's designee shall provide, or arrange for the<br>provision of, adult protective services, provided the vulnerable adult consents to and accepts the<br>services.50-25.2-07. Refusal or inability to accept adult protective services - Departmentalternatives. If a vulnerable adult who is subject to abuse or neglect is unable to consent and<br>accept, or the caregiver refuses, adult protective services determined by the department or the<br>department's designee to be necessary under this chapter, the department or the department's<br>designee may pursue any administrative, legal, and other remedies authorized by law which are<br>necessary and appropriate under the circumstances to protect the vulnerable adult and prevent<br>further abuse or neglect. The state's attorney of the county in which the vulnerable adult resides<br>or is located shall assist the department or the department's designee, upon request, in pursuing<br>an appropriate remedy. Available remedies include seeking:1.The appointment of a guardian under chapter 30.1-28 or a conservator under<br>chapter 30.1-29;2.A restraining order or other court order necessary under the circumstances;3.The removal of an abusive or neglectful guardian or conservator and appointment of<br>a suitable person as guardian or conservator, pursuant to sections 30.1-28-07 and<br>30.1-29-15;4.The provision of appropriate treatment under chapter 25-03.1;5.The criminal prosecution of the individual responsible for the abuse or neglect; and6.Any other available administrative, legal, or other remedies on behalf of the<br>vulnerable adult.50-25.2-08. Cost of adult protective services. The vulnerable adult is responsible forthe costs of providing adult protective services, except the receipt, evaluation, and assessment of<br>reports of suspected abuse or neglect pursuant to subdivision a of subsection 3 of section<br>50-25.2-01, if the department or the department's designee determines, based on standards set<br>by the department, that the vulnerable adult is financially capable of paying for the protective<br>services received either through the vulnerable adult's own income or resources or otherPage No. 4programs for which the vulnerable adult may be eligible. The department or the department's<br>designee is not responsible for the cost of providing adult protective services unless the provision<br>of the services is specifically provided by law and funding exists to provide the services.50-25.2-09. Immunity from liability. The following persons are immune from any civilor criminal liability that otherwise might result from the person's actions taken pursuant to this<br>chapter:1.Any person, other than an alleged perpetrator, making a report or participating in an<br>investigation, evaluation, or assessment under this chapter if the person is acting in<br>good faith.2.Any person, employed by the department or the department's designee or a law<br>enforcement agency, conducting or supervising an investigation, evaluation, or<br>assessment or implementing or enforcing the provisions of this chapter if the person<br>is acting in good faith and exercising due care.50-25.2-10. Penalty and civil liability for false reports.1.Any person who willfully makes a false report, or provides false information which<br>causes the report to be made, is guilty of a class B misdemeanor unless the false<br>report is made to a law enforcement official, in which case the person who causes<br>the false report to be made is guilty of a class A misdemeanor.2.A person who willfully makes a false report, or provides false information that causes<br>a report to be made, is liable in a civil action for all damages suffered by the person<br>reported.50-25.2-11. Retaliation prohibited - Presumption - Penalty.1.An employer who imposes any form of discipline or retaliation against an employee<br>solely because the employee reported in good faith having knowledge of or<br>reasonable cause to suspect that a vulnerable adult is or has been abused or<br>neglected, or because the employee is a vulnerable adult with respect to whom a<br>report was made, is guilty of a class B misdemeanor.2.The employer of a person permitted to report pursuant to section 50-25.2-12 who<br>retaliates against the person because of a report is liable to that person in a civil<br>action for all damages.3.A rebuttable presumption that retaliation has occurred arises when an adverse<br>action is taken within ninety days of the report. An adverse action includes:a.The discharge from or termination of employment;b.The demotion, negative work performance evaluation, reduction of hours<br>worked, reduction of benefits or work privileges, or reduction in remuneration<br>for services of the employee; orc.The restriction or prohibition of access by the employee to any place of<br>employment or persons affiliated with the place of employment.50-25.2-12. Confidentiality of records - Authorized disclosures. All reports madeunder this chapter and all records and information obtained or generated as a result of the<br>reports are confidential, but must be made available to:1.A physician who examines a vulnerable adult whom the physician reasonably<br>suspects may have been subject to abuse or neglect.Page No. 52.Authorized staff of the department or the department's designee, law enforcement<br>agencies, and other agencies investigating, evaluating, or assessing the report or<br>providing adult protective services.3.A person who is the subject of a report if the identity of persons reporting under<br>section 50-25.2-03 is protected.4.Public officials, and their authorized agents, who require the information in<br>connection with the discharge of their official duties.5.A court when it determines that the information is necessary for determination of an<br>issue before the court.6.A person engaged in a bona fide research or auditing purpose if no information<br>identifying the subjects of a report is made available to the researcher or auditor.50-25.2-13. Information, education, and training programs.1.The department, in cooperation with county social service boards and law<br>enforcement agencies, shall conduct a public information and education program.<br>The elements and goals of the program must include:a.Informing the public regarding the laws governing the abuse or neglect of<br>vulnerable adults, the voluntary reporting authorized by this chapter, and the<br>need for and availability of adult protective services.b.Providing caregivers with information regarding services to alleviate the<br>emotional, psychological, physical, or financial stress associated with the<br>caregiver and vulnerable adult relationship.2.The department, in cooperation with county social service boards and law<br>enforcement agencies, shall institute a program of education and training for the<br>department, the department's designee, and law enforcement agency staff and other<br>persons who provide adult protective services.50-25.2-14.Implementation contingent upon appropriation.The department andcounty social service boards are not required to implement or enforce this chapter with respect to<br>any region, area, or county of this state if the legislative assembly does not provide an<br>appropriation to support the implementation and enforcement of this chapter within that region,<br>area, or county.Page No. 6Document Outlinechapter 50-25.2 vulnerable adult protection services

State Codes and Statutes

Statutes > North-dakota > T50 > T50c252

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CHAPTER 50-25.2VULNERABLE ADULT PROTECTION SERVICES50-25.2-01. Definitions. As used in this chapter, unless the context otherwise requires:1.&quot;Abuse&quot; means any willful act or omission of a caregiver or any other person which<br>results in physical injury, mental anguish, unreasonable confinement, sexual abuse<br>or exploitation, or financial exploitation to or of a vulnerable adult.2.&quot;Adult&quot; includes a minor emancipated by marriage.3.&quot;Adult protective services&quot; means remedial, social, legal, health, mental health, and<br>referral services provided for the prevention, correction, or discontinuance of abuse<br>or neglect which are necessary and appropriate under the circumstances to protect<br>an abused or neglected vulnerable adult, ensure that the least restrictive alternative<br>is provided, prevent further abuse or neglect, and promote self-care and<br>independent living.The term includes the following services provided by thedepartment or the department's designee:a.Receiving, evaluating, and assessing reports of alleged abuse or neglect;b.Arranging for and coordinating the provision of essential services;c.Providing case management and counseling for the purposes of planning and<br>providing social and other services needed by vulnerable adults;d.Arranging for and coordinating the provision of other services, including<br>financial management or assistance, legal assistance, and the services of<br>domestic violence programs;e.Monitoring the delivery of services to vulnerable adults and making progress<br>assessments; andf.Arranging for or providing, and coordinating, other services consistent with this<br>chapter.4.&quot;Caregiver&quot; means any person who has assumed the legal responsibility or a<br>contractual obligation for the care of a vulnerable adult or has voluntarily assumed<br>responsibility for the care of a vulnerable adult. The term includes a facility operated<br>by any public or private agency, organization, or institution which provides services<br>to, and has assumed responsibility for the care of, a vulnerable adult.5.&quot;Department&quot; means the department of human services.6.&quot;Essential services&quot; means those services necessary to maintain and safeguard the<br>physical and mental health of a vulnerable adult which include sufficient and<br>appropriate food and clothing, temperate and sanitary shelter, treatment for mental<br>or physical needs, appropriate treatment for medical needs as determined by a<br>physician or other health care provider, and proper supervision.7.&quot;Financial exploitation&quot; means the taking or misuse of property or resources of a<br>vulnerable adult by means of undue influence, breach of a fiduciary relationship,<br>deception, harassment, criminal coercion, theft, or other unlawful or improper<br>means.8.&quot;Least restrictive alternative&quot; means adult protective services provided in a manner<br>no more restrictive of a vulnerable adult's liberty and no more intrusive than<br>necessary to achieve and ensure the provision of essential services.Page No. 19.&quot;Living independently&quot; includes using the telephone, shopping, preparing food,<br>housekeeping, and administering medications.10.&quot;Mental anguish&quot; means psychological or emotional damage that requires medical<br>treatment or care or is characterized by behavioral change or physical symptoms.11.&quot;Neglect&quot; means the failure of a caregiver to provide essential services necessary to<br>maintain the physical and mental health of a vulnerable adult, or the inability or lack<br>of desire of the vulnerable adult to provide essential services necessary to maintain<br>and safeguard the vulnerable adult's own physical and mental health.12.&quot;Physical injury&quot; means damage to bodily tissue caused by nontherapeutic conduct,<br>which includes fractures, bruises, lacerations, internal injuries, dislocations, physical<br>pain, illness, or impairment of physical function.13.&quot;Self-care&quot; includes maintaining personal hygiene, eating, and dressing.14.&quot;Sexual abuse or exploitation&quot; includes those sex offenses defined in sections<br>12.1-20-02, 12.1-20-03, 12.1-20-04, 12.1-20-05, 12.1-20-06, 12.1-20-07, and<br>12.1-20-11.15.&quot;Substantial functional impairment&quot; means a substantial incapability, because of<br>physical limitations, of living independently or providing self-care as determined<br>through observation, diagnosis, evaluation, or assessment.16.&quot;Substantial mental impairment&quot; means a substantial disorder of thought, mood,<br>perception, orientation, or memory that grossly impairs judgment, behavior, or ability<br>to live independently or provide self-care as revealed by observation, diagnosis,<br>evaluation, or assessment.17.&quot;Vulnerable adult&quot; means an adult who has a substantial mental or functional<br>impairment.18.&quot;Willfully&quot; means willfully as defined in section 12.1-02-02.50-25.2-02. Adult protective services program - Rules. The department, with theadvice and cooperation of county social service boards, shall develop, administer, and cause to<br>be implemented a program of protective services for vulnerable adults consistent with this<br>chapter.In developing and administering the program, the department, within the limits oflegislative appropriation, shall allocate and distribute funds for the purpose of providing adult<br>protective services.All law enforcement agencies, courts of competent jurisdiction, andappropriate state and local agencies shall cooperate in the implementation and enforcement of<br>this chapter. The department may adopt rules in accordance with chapter 28-32 for the purpose<br>of implementing the provisions of this chapter.50-25.2-03. Voluntary reporting of abuse or neglect - Method of reporting.1.A person who has reasonable cause to believe that a vulnerable adult has been<br>subjected to abuse or neglect, or who observes a vulnerable adult being subjected to<br>conditions or circumstances that reasonably would result in abuse or neglect, may<br>report the information to the department or the department's designee or to an<br>appropriate law enforcement agency. A law enforcement agency receiving a report<br>under this section shall immediately notify the department or the department's<br>designee of the report.2.A person reporting under this section may make an oral or written report, as soon as<br>possible. To the extent reasonably possible, a person who makes a report under<br>this section shall include in the report:Page No. 2a.The name, age, and residence address of the alleged vulnerable adult;b.The name and residence address of the caregiver, if any;c.The nature and extent of the alleged abuse or neglect or the conditions and<br>circumstances that would reasonably be expected to result in abuse or neglect;d.Any evidence of previous abuse or neglect, including the nature and extent of<br>the abuse or neglect; ande.Any other information that in the opinion of the person making the report may<br>be helpful in establishing the cause of the alleged abuse or neglect and the<br>identity of the individual responsible for the alleged abuse or neglect.50-25.2-04. Referral of complaints concerning long-term care facilities. Any reportreceived by the department or the department's designee under section 50-25.2-03 complaining<br>of any administrative action, as defined in section 50-10.1-01, that may adversely affect or may<br>have adversely affected the health, safety, welfare, or personal or civil rights of a resident in a<br>long-term care facility, as defined in section 50-10.1-01, or a person who was discharged from a<br>long-term care facility within nine months of the complaint, must be referred to the state<br>long-term care ombudsman for investigation pursuant to chapter 50-10.1.50-25.2-05.Evaluation and assessment - Participation by law enforcementagencies - Entry.1.The department or the department's designee shall immediately evaluate and<br>assess any report received by the department or the department's designee under<br>section 50-25.2-03, including the residence of the alleged vulnerable adult and the<br>circumstances surrounding the report. For the purpose of evaluating a report or<br>providing other adult protective services, the department or the department's<br>designee may:a.Interview the alleged vulnerable adult, with or without notice to the caregiver or<br>any other person, and interview the caregiver and any other person who may<br>have knowledge of the circumstances surrounding the report;b.Enter any premises in which the alleged vulnerable adult is an occupant, with<br>the consent of the alleged vulnerable adult or the caregiver;c.Have access to all records of the vulnerable adult:(1)If the vulnerable adult, or the caregiver or legal representative of the<br>vulnerable adult, has authorized the department or the department's<br>designee to have access; or(2)If the vulnerable adult, because of a substantial functional or mental<br>impairment, is unable to authorize the department or the department's<br>designee to have such access, does not have a legal guardian or other<br>legal representative, and is a person with respect to whom a report was<br>received by the department or the department's designee; andd.Coordinate the assessment and the provision of other adult protective services<br>with other state or local agencies, departments, or institutions, including the<br>agency of the protection and advocacy project, or private agencies,<br>organizations, and professionals providing services necessary or advisable for<br>the vulnerable adult.2.If a report alleges, or circumstances surrounding the report indicate, a violation of a<br>criminal statute or an imminent danger of serious physical injury or death of thePage No. 3vulnerable adult, the department or the department's designee shall notify the<br>appropriate law enforcement agency. In such a case, the law enforcement agency<br>may investigate the allegations in the report, take immediate steps if necessary to<br>protect the vulnerable adult, and institute legal proceedings if appropriate. The law<br>enforcement agency shall notify the department or the department's designee if such<br>action is taken. This section does not limit the responsibilities of law enforcement<br>agencies to enforce the laws of this state or preclude law enforcement agencies<br>from investigating, as appropriate, any alleged criminal conduct. In all other cases of<br>alleged abuse or neglect, the department or the department's designee may request<br>assistance in an evaluation or the provision of other adult protective services from an<br>appropriate law enforcement agency if necessary under the circumstances.3.If the alleged vulnerable adult, or the caregiver, does not consent to an evaluation or<br>investigation, a search warrant may be issued by a magistrate pursuant to law upon<br>a showing of probable cause to believe that abuse or neglect has occurred. A law<br>enforcement officer may make a reasonable entry of the premises without a search<br>warrant or consent of the alleged vulnerable adult or caregiver for the purpose of<br>rendering assistance if the officer has probable cause to believe that the delay of<br>entry would cause the alleged vulnerable adult to be in imminent danger of serious<br>physical injury or death.50-25.2-06.Provision of adult protective services.If the department or thedepartment's designee determines that a vulnerable adult demonstrates a need for adult<br>protective services, the department or the department's designee shall provide, or arrange for the<br>provision of, adult protective services, provided the vulnerable adult consents to and accepts the<br>services.50-25.2-07. Refusal or inability to accept adult protective services - Departmentalternatives. If a vulnerable adult who is subject to abuse or neglect is unable to consent and<br>accept, or the caregiver refuses, adult protective services determined by the department or the<br>department's designee to be necessary under this chapter, the department or the department's<br>designee may pursue any administrative, legal, and other remedies authorized by law which are<br>necessary and appropriate under the circumstances to protect the vulnerable adult and prevent<br>further abuse or neglect. The state's attorney of the county in which the vulnerable adult resides<br>or is located shall assist the department or the department's designee, upon request, in pursuing<br>an appropriate remedy. Available remedies include seeking:1.The appointment of a guardian under chapter 30.1-28 or a conservator under<br>chapter 30.1-29;2.A restraining order or other court order necessary under the circumstances;3.The removal of an abusive or neglectful guardian or conservator and appointment of<br>a suitable person as guardian or conservator, pursuant to sections 30.1-28-07 and<br>30.1-29-15;4.The provision of appropriate treatment under chapter 25-03.1;5.The criminal prosecution of the individual responsible for the abuse or neglect; and6.Any other available administrative, legal, or other remedies on behalf of the<br>vulnerable adult.50-25.2-08. Cost of adult protective services. The vulnerable adult is responsible forthe costs of providing adult protective services, except the receipt, evaluation, and assessment of<br>reports of suspected abuse or neglect pursuant to subdivision a of subsection 3 of section<br>50-25.2-01, if the department or the department's designee determines, based on standards set<br>by the department, that the vulnerable adult is financially capable of paying for the protective<br>services received either through the vulnerable adult's own income or resources or otherPage No. 4programs for which the vulnerable adult may be eligible. The department or the department's<br>designee is not responsible for the cost of providing adult protective services unless the provision<br>of the services is specifically provided by law and funding exists to provide the services.50-25.2-09. Immunity from liability. The following persons are immune from any civilor criminal liability that otherwise might result from the person's actions taken pursuant to this<br>chapter:1.Any person, other than an alleged perpetrator, making a report or participating in an<br>investigation, evaluation, or assessment under this chapter if the person is acting in<br>good faith.2.Any person, employed by the department or the department's designee or a law<br>enforcement agency, conducting or supervising an investigation, evaluation, or<br>assessment or implementing or enforcing the provisions of this chapter if the person<br>is acting in good faith and exercising due care.50-25.2-10. Penalty and civil liability for false reports.1.Any person who willfully makes a false report, or provides false information which<br>causes the report to be made, is guilty of a class B misdemeanor unless the false<br>report is made to a law enforcement official, in which case the person who causes<br>the false report to be made is guilty of a class A misdemeanor.2.A person who willfully makes a false report, or provides false information that causes<br>a report to be made, is liable in a civil action for all damages suffered by the person<br>reported.50-25.2-11. Retaliation prohibited - Presumption - Penalty.1.An employer who imposes any form of discipline or retaliation against an employee<br>solely because the employee reported in good faith having knowledge of or<br>reasonable cause to suspect that a vulnerable adult is or has been abused or<br>neglected, or because the employee is a vulnerable adult with respect to whom a<br>report was made, is guilty of a class B misdemeanor.2.The employer of a person permitted to report pursuant to section 50-25.2-12 who<br>retaliates against the person because of a report is liable to that person in a civil<br>action for all damages.3.A rebuttable presumption that retaliation has occurred arises when an adverse<br>action is taken within ninety days of the report. An adverse action includes:a.The discharge from or termination of employment;b.The demotion, negative work performance evaluation, reduction of hours<br>worked, reduction of benefits or work privileges, or reduction in remuneration<br>for services of the employee; orc.The restriction or prohibition of access by the employee to any place of<br>employment or persons affiliated with the place of employment.50-25.2-12. Confidentiality of records - Authorized disclosures. All reports madeunder this chapter and all records and information obtained or generated as a result of the<br>reports are confidential, but must be made available to:1.A physician who examines a vulnerable adult whom the physician reasonably<br>suspects may have been subject to abuse or neglect.Page No. 52.Authorized staff of the department or the department's designee, law enforcement<br>agencies, and other agencies investigating, evaluating, or assessing the report or<br>providing adult protective services.3.A person who is the subject of a report if the identity of persons reporting under<br>section 50-25.2-03 is protected.4.Public officials, and their authorized agents, who require the information in<br>connection with the discharge of their official duties.5.A court when it determines that the information is necessary for determination of an<br>issue before the court.6.A person engaged in a bona fide research or auditing purpose if no information<br>identifying the subjects of a report is made available to the researcher or auditor.50-25.2-13. Information, education, and training programs.1.The department, in cooperation with county social service boards and law<br>enforcement agencies, shall conduct a public information and education program.<br>The elements and goals of the program must include:a.Informing the public regarding the laws governing the abuse or neglect of<br>vulnerable adults, the voluntary reporting authorized by this chapter, and the<br>need for and availability of adult protective services.b.Providing caregivers with information regarding services to alleviate the<br>emotional, psychological, physical, or financial stress associated with the<br>caregiver and vulnerable adult relationship.2.The department, in cooperation with county social service boards and law<br>enforcement agencies, shall institute a program of education and training for the<br>department, the department's designee, and law enforcement agency staff and other<br>persons who provide adult protective services.50-25.2-14.Implementation contingent upon appropriation.The department andcounty social service boards are not required to implement or enforce this chapter with respect to<br>any region, area, or county of this state if the legislative assembly does not provide an<br>appropriation to support the implementation and enforcement of this chapter within that region,<br>area, or county.Page No. 6Document Outlinechapter 50-25.2 vulnerable adult protection services

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State Codes and Statutes

Statutes > North-dakota > T50 > T50c252

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CHAPTER 50-25.2VULNERABLE ADULT PROTECTION SERVICES50-25.2-01. Definitions. As used in this chapter, unless the context otherwise requires:1.&quot;Abuse&quot; means any willful act or omission of a caregiver or any other person which<br>results in physical injury, mental anguish, unreasonable confinement, sexual abuse<br>or exploitation, or financial exploitation to or of a vulnerable adult.2.&quot;Adult&quot; includes a minor emancipated by marriage.3.&quot;Adult protective services&quot; means remedial, social, legal, health, mental health, and<br>referral services provided for the prevention, correction, or discontinuance of abuse<br>or neglect which are necessary and appropriate under the circumstances to protect<br>an abused or neglected vulnerable adult, ensure that the least restrictive alternative<br>is provided, prevent further abuse or neglect, and promote self-care and<br>independent living.The term includes the following services provided by thedepartment or the department's designee:a.Receiving, evaluating, and assessing reports of alleged abuse or neglect;b.Arranging for and coordinating the provision of essential services;c.Providing case management and counseling for the purposes of planning and<br>providing social and other services needed by vulnerable adults;d.Arranging for and coordinating the provision of other services, including<br>financial management or assistance, legal assistance, and the services of<br>domestic violence programs;e.Monitoring the delivery of services to vulnerable adults and making progress<br>assessments; andf.Arranging for or providing, and coordinating, other services consistent with this<br>chapter.4.&quot;Caregiver&quot; means any person who has assumed the legal responsibility or a<br>contractual obligation for the care of a vulnerable adult or has voluntarily assumed<br>responsibility for the care of a vulnerable adult. The term includes a facility operated<br>by any public or private agency, organization, or institution which provides services<br>to, and has assumed responsibility for the care of, a vulnerable adult.5.&quot;Department&quot; means the department of human services.6.&quot;Essential services&quot; means those services necessary to maintain and safeguard the<br>physical and mental health of a vulnerable adult which include sufficient and<br>appropriate food and clothing, temperate and sanitary shelter, treatment for mental<br>or physical needs, appropriate treatment for medical needs as determined by a<br>physician or other health care provider, and proper supervision.7.&quot;Financial exploitation&quot; means the taking or misuse of property or resources of a<br>vulnerable adult by means of undue influence, breach of a fiduciary relationship,<br>deception, harassment, criminal coercion, theft, or other unlawful or improper<br>means.8.&quot;Least restrictive alternative&quot; means adult protective services provided in a manner<br>no more restrictive of a vulnerable adult's liberty and no more intrusive than<br>necessary to achieve and ensure the provision of essential services.Page No. 19.&quot;Living independently&quot; includes using the telephone, shopping, preparing food,<br>housekeeping, and administering medications.10.&quot;Mental anguish&quot; means psychological or emotional damage that requires medical<br>treatment or care or is characterized by behavioral change or physical symptoms.11.&quot;Neglect&quot; means the failure of a caregiver to provide essential services necessary to<br>maintain the physical and mental health of a vulnerable adult, or the inability or lack<br>of desire of the vulnerable adult to provide essential services necessary to maintain<br>and safeguard the vulnerable adult's own physical and mental health.12.&quot;Physical injury&quot; means damage to bodily tissue caused by nontherapeutic conduct,<br>which includes fractures, bruises, lacerations, internal injuries, dislocations, physical<br>pain, illness, or impairment of physical function.13.&quot;Self-care&quot; includes maintaining personal hygiene, eating, and dressing.14.&quot;Sexual abuse or exploitation&quot; includes those sex offenses defined in sections<br>12.1-20-02, 12.1-20-03, 12.1-20-04, 12.1-20-05, 12.1-20-06, 12.1-20-07, and<br>12.1-20-11.15.&quot;Substantial functional impairment&quot; means a substantial incapability, because of<br>physical limitations, of living independently or providing self-care as determined<br>through observation, diagnosis, evaluation, or assessment.16.&quot;Substantial mental impairment&quot; means a substantial disorder of thought, mood,<br>perception, orientation, or memory that grossly impairs judgment, behavior, or ability<br>to live independently or provide self-care as revealed by observation, diagnosis,<br>evaluation, or assessment.17.&quot;Vulnerable adult&quot; means an adult who has a substantial mental or functional<br>impairment.18.&quot;Willfully&quot; means willfully as defined in section 12.1-02-02.50-25.2-02. Adult protective services program - Rules. The department, with theadvice and cooperation of county social service boards, shall develop, administer, and cause to<br>be implemented a program of protective services for vulnerable adults consistent with this<br>chapter.In developing and administering the program, the department, within the limits oflegislative appropriation, shall allocate and distribute funds for the purpose of providing adult<br>protective services.All law enforcement agencies, courts of competent jurisdiction, andappropriate state and local agencies shall cooperate in the implementation and enforcement of<br>this chapter. The department may adopt rules in accordance with chapter 28-32 for the purpose<br>of implementing the provisions of this chapter.50-25.2-03. Voluntary reporting of abuse or neglect - Method of reporting.1.A person who has reasonable cause to believe that a vulnerable adult has been<br>subjected to abuse or neglect, or who observes a vulnerable adult being subjected to<br>conditions or circumstances that reasonably would result in abuse or neglect, may<br>report the information to the department or the department's designee or to an<br>appropriate law enforcement agency. A law enforcement agency receiving a report<br>under this section shall immediately notify the department or the department's<br>designee of the report.2.A person reporting under this section may make an oral or written report, as soon as<br>possible. To the extent reasonably possible, a person who makes a report under<br>this section shall include in the report:Page No. 2a.The name, age, and residence address of the alleged vulnerable adult;b.The name and residence address of the caregiver, if any;c.The nature and extent of the alleged abuse or neglect or the conditions and<br>circumstances that would reasonably be expected to result in abuse or neglect;d.Any evidence of previous abuse or neglect, including the nature and extent of<br>the abuse or neglect; ande.Any other information that in the opinion of the person making the report may<br>be helpful in establishing the cause of the alleged abuse or neglect and the<br>identity of the individual responsible for the alleged abuse or neglect.50-25.2-04. Referral of complaints concerning long-term care facilities. Any reportreceived by the department or the department's designee under section 50-25.2-03 complaining<br>of any administrative action, as defined in section 50-10.1-01, that may adversely affect or may<br>have adversely affected the health, safety, welfare, or personal or civil rights of a resident in a<br>long-term care facility, as defined in section 50-10.1-01, or a person who was discharged from a<br>long-term care facility within nine months of the complaint, must be referred to the state<br>long-term care ombudsman for investigation pursuant to chapter 50-10.1.50-25.2-05.Evaluation and assessment - Participation by law enforcementagencies - Entry.1.The department or the department's designee shall immediately evaluate and<br>assess any report received by the department or the department's designee under<br>section 50-25.2-03, including the residence of the alleged vulnerable adult and the<br>circumstances surrounding the report. For the purpose of evaluating a report or<br>providing other adult protective services, the department or the department's<br>designee may:a.Interview the alleged vulnerable adult, with or without notice to the caregiver or<br>any other person, and interview the caregiver and any other person who may<br>have knowledge of the circumstances surrounding the report;b.Enter any premises in which the alleged vulnerable adult is an occupant, with<br>the consent of the alleged vulnerable adult or the caregiver;c.Have access to all records of the vulnerable adult:(1)If the vulnerable adult, or the caregiver or legal representative of the<br>vulnerable adult, has authorized the department or the department's<br>designee to have access; or(2)If the vulnerable adult, because of a substantial functional or mental<br>impairment, is unable to authorize the department or the department's<br>designee to have such access, does not have a legal guardian or other<br>legal representative, and is a person with respect to whom a report was<br>received by the department or the department's designee; andd.Coordinate the assessment and the provision of other adult protective services<br>with other state or local agencies, departments, or institutions, including the<br>agency of the protection and advocacy project, or private agencies,<br>organizations, and professionals providing services necessary or advisable for<br>the vulnerable adult.2.If a report alleges, or circumstances surrounding the report indicate, a violation of a<br>criminal statute or an imminent danger of serious physical injury or death of thePage No. 3vulnerable adult, the department or the department's designee shall notify the<br>appropriate law enforcement agency. In such a case, the law enforcement agency<br>may investigate the allegations in the report, take immediate steps if necessary to<br>protect the vulnerable adult, and institute legal proceedings if appropriate. The law<br>enforcement agency shall notify the department or the department's designee if such<br>action is taken. This section does not limit the responsibilities of law enforcement<br>agencies to enforce the laws of this state or preclude law enforcement agencies<br>from investigating, as appropriate, any alleged criminal conduct. In all other cases of<br>alleged abuse or neglect, the department or the department's designee may request<br>assistance in an evaluation or the provision of other adult protective services from an<br>appropriate law enforcement agency if necessary under the circumstances.3.If the alleged vulnerable adult, or the caregiver, does not consent to an evaluation or<br>investigation, a search warrant may be issued by a magistrate pursuant to law upon<br>a showing of probable cause to believe that abuse or neglect has occurred. A law<br>enforcement officer may make a reasonable entry of the premises without a search<br>warrant or consent of the alleged vulnerable adult or caregiver for the purpose of<br>rendering assistance if the officer has probable cause to believe that the delay of<br>entry would cause the alleged vulnerable adult to be in imminent danger of serious<br>physical injury or death.50-25.2-06.Provision of adult protective services.If the department or thedepartment's designee determines that a vulnerable adult demonstrates a need for adult<br>protective services, the department or the department's designee shall provide, or arrange for the<br>provision of, adult protective services, provided the vulnerable adult consents to and accepts the<br>services.50-25.2-07. Refusal or inability to accept adult protective services - Departmentalternatives. If a vulnerable adult who is subject to abuse or neglect is unable to consent and<br>accept, or the caregiver refuses, adult protective services determined by the department or the<br>department's designee to be necessary under this chapter, the department or the department's<br>designee may pursue any administrative, legal, and other remedies authorized by law which are<br>necessary and appropriate under the circumstances to protect the vulnerable adult and prevent<br>further abuse or neglect. The state's attorney of the county in which the vulnerable adult resides<br>or is located shall assist the department or the department's designee, upon request, in pursuing<br>an appropriate remedy. Available remedies include seeking:1.The appointment of a guardian under chapter 30.1-28 or a conservator under<br>chapter 30.1-29;2.A restraining order or other court order necessary under the circumstances;3.The removal of an abusive or neglectful guardian or conservator and appointment of<br>a suitable person as guardian or conservator, pursuant to sections 30.1-28-07 and<br>30.1-29-15;4.The provision of appropriate treatment under chapter 25-03.1;5.The criminal prosecution of the individual responsible for the abuse or neglect; and6.Any other available administrative, legal, or other remedies on behalf of the<br>vulnerable adult.50-25.2-08. Cost of adult protective services. The vulnerable adult is responsible forthe costs of providing adult protective services, except the receipt, evaluation, and assessment of<br>reports of suspected abuse or neglect pursuant to subdivision a of subsection 3 of section<br>50-25.2-01, if the department or the department's designee determines, based on standards set<br>by the department, that the vulnerable adult is financially capable of paying for the protective<br>services received either through the vulnerable adult's own income or resources or otherPage No. 4programs for which the vulnerable adult may be eligible. The department or the department's<br>designee is not responsible for the cost of providing adult protective services unless the provision<br>of the services is specifically provided by law and funding exists to provide the services.50-25.2-09. Immunity from liability. The following persons are immune from any civilor criminal liability that otherwise might result from the person's actions taken pursuant to this<br>chapter:1.Any person, other than an alleged perpetrator, making a report or participating in an<br>investigation, evaluation, or assessment under this chapter if the person is acting in<br>good faith.2.Any person, employed by the department or the department's designee or a law<br>enforcement agency, conducting or supervising an investigation, evaluation, or<br>assessment or implementing or enforcing the provisions of this chapter if the person<br>is acting in good faith and exercising due care.50-25.2-10. Penalty and civil liability for false reports.1.Any person who willfully makes a false report, or provides false information which<br>causes the report to be made, is guilty of a class B misdemeanor unless the false<br>report is made to a law enforcement official, in which case the person who causes<br>the false report to be made is guilty of a class A misdemeanor.2.A person who willfully makes a false report, or provides false information that causes<br>a report to be made, is liable in a civil action for all damages suffered by the person<br>reported.50-25.2-11. Retaliation prohibited - Presumption - Penalty.1.An employer who imposes any form of discipline or retaliation against an employee<br>solely because the employee reported in good faith having knowledge of or<br>reasonable cause to suspect that a vulnerable adult is or has been abused or<br>neglected, or because the employee is a vulnerable adult with respect to whom a<br>report was made, is guilty of a class B misdemeanor.2.The employer of a person permitted to report pursuant to section 50-25.2-12 who<br>retaliates against the person because of a report is liable to that person in a civil<br>action for all damages.3.A rebuttable presumption that retaliation has occurred arises when an adverse<br>action is taken within ninety days of the report. An adverse action includes:a.The discharge from or termination of employment;b.The demotion, negative work performance evaluation, reduction of hours<br>worked, reduction of benefits or work privileges, or reduction in remuneration<br>for services of the employee; orc.The restriction or prohibition of access by the employee to any place of<br>employment or persons affiliated with the place of employment.50-25.2-12. Confidentiality of records - Authorized disclosures. All reports madeunder this chapter and all records and information obtained or generated as a result of the<br>reports are confidential, but must be made available to:1.A physician who examines a vulnerable adult whom the physician reasonably<br>suspects may have been subject to abuse or neglect.Page No. 52.Authorized staff of the department or the department's designee, law enforcement<br>agencies, and other agencies investigating, evaluating, or assessing the report or<br>providing adult protective services.3.A person who is the subject of a report if the identity of persons reporting under<br>section 50-25.2-03 is protected.4.Public officials, and their authorized agents, who require the information in<br>connection with the discharge of their official duties.5.A court when it determines that the information is necessary for determination of an<br>issue before the court.6.A person engaged in a bona fide research or auditing purpose if no information<br>identifying the subjects of a report is made available to the researcher or auditor.50-25.2-13. Information, education, and training programs.1.The department, in cooperation with county social service boards and law<br>enforcement agencies, shall conduct a public information and education program.<br>The elements and goals of the program must include:a.Informing the public regarding the laws governing the abuse or neglect of<br>vulnerable adults, the voluntary reporting authorized by this chapter, and the<br>need for and availability of adult protective services.b.Providing caregivers with information regarding services to alleviate the<br>emotional, psychological, physical, or financial stress associated with the<br>caregiver and vulnerable adult relationship.2.The department, in cooperation with county social service boards and law<br>enforcement agencies, shall institute a program of education and training for the<br>department, the department's designee, and law enforcement agency staff and other<br>persons who provide adult protective services.50-25.2-14.Implementation contingent upon appropriation.The department andcounty social service boards are not required to implement or enforce this chapter with respect to<br>any region, area, or county of this state if the legislative assembly does not provide an<br>appropriation to support the implementation and enforcement of this chapter within that region,<br>area, or county.Page No. 6Document Outlinechapter 50-25.2 vulnerable adult protection services