§ 40.1-27-3 Duties of the director of thedepartment of mental health, retardation, and hospitals. – The director of the department of mental health, retardation, and hospitals orhis or her designee shall:
(1) Notify the attorney general or his or her designee, thechair of the program's human rights committee forthwith upon receipt of an oralor written report made pursuant to § 40.1-27-2;
(2) Investigate and evaluate or cause to be investigated andevaluated the information reported in those reports. The investigation andevaluation shall be made within twenty-four (24) hours if the director of thedepartment of mental health, retardation, and hospitals has reasonable cause tobelieve the participant's health or safety is in immediate danger of furtherabuse or neglect and within seven (7) days for all other reports. Theinvestigations shall include a visit to the program, an interview with theparticipant allegedly abused, mistreated or neglected, an interview with allwitnesses to the alleged incident, a determination of the nature, extent, andcause or causes of the injuries, the identity of the person or personsresponsible therefor, all other pertinent facts and recommendations to preventfurther abuse, mistreatment or neglect of the participant or other programparticipants. The determination shall be in writing;
(3) Evaluate the environment in the program named in thereport and make a written determination of the risk of physical or emotionalinjury to any other participants in the same program;
(4) Forward to the attorney general and the chair of theprogram's human rights committee within fifteen (15) days after a case isinitially reported pursuant to § 40.1-27-2 a summary of the findings andrecommendations on each case;
(5) If the director of the department of mental health,retardation, and hospitals has reasonable cause to believe that a participanthad died as a result of abuse, mistreatment, or neglect, immediately report thedeath to the attorney general and to the office of the medical examiner. Theoffice of the medical examiner shall investigate the report and communicate itspreliminary findings, orally within seventy-two (72) hours, and in writingwithin seven (7) working days to the attorney general and to the department ofmental health, retardation, and hospitals. The office of the medical examinershall also communicate its final findings and conclusions, with the basistherefore to the same parties within sixty (60) days;
(6) Promulgate such regulations as may be necessary toimplement the provisions of this chapter; and
(7) Maintain a file of the written reports prepared pursuantto this chapter. The written reports shall be confidential, but shall bereleased to the attorney general, to a court of competent jurisdiction, andupon written request to the participant, his or her counsel, the reportingperson or agency, the appropriate review board or a social worker assigned tothe case.
§ 40.1-27-3 Duties of the director of thedepartment of mental health, retardation, and hospitals. – The director of the department of mental health, retardation, and hospitals orhis or her designee shall:
(1) Notify the attorney general or his or her designee, thechair of the program's human rights committee forthwith upon receipt of an oralor written report made pursuant to § 40.1-27-2;
(2) Investigate and evaluate or cause to be investigated andevaluated the information reported in those reports. The investigation andevaluation shall be made within twenty-four (24) hours if the director of thedepartment of mental health, retardation, and hospitals has reasonable cause tobelieve the participant's health or safety is in immediate danger of furtherabuse or neglect and within seven (7) days for all other reports. Theinvestigations shall include a visit to the program, an interview with theparticipant allegedly abused, mistreated or neglected, an interview with allwitnesses to the alleged incident, a determination of the nature, extent, andcause or causes of the injuries, the identity of the person or personsresponsible therefor, all other pertinent facts and recommendations to preventfurther abuse, mistreatment or neglect of the participant or other programparticipants. The determination shall be in writing;
(3) Evaluate the environment in the program named in thereport and make a written determination of the risk of physical or emotionalinjury to any other participants in the same program;
(4) Forward to the attorney general and the chair of theprogram's human rights committee within fifteen (15) days after a case isinitially reported pursuant to § 40.1-27-2 a summary of the findings andrecommendations on each case;
(5) If the director of the department of mental health,retardation, and hospitals has reasonable cause to believe that a participanthad died as a result of abuse, mistreatment, or neglect, immediately report thedeath to the attorney general and to the office of the medical examiner. Theoffice of the medical examiner shall investigate the report and communicate itspreliminary findings, orally within seventy-two (72) hours, and in writingwithin seven (7) working days to the attorney general and to the department ofmental health, retardation, and hospitals. The office of the medical examinershall also communicate its final findings and conclusions, with the basistherefore to the same parties within sixty (60) days;
(6) Promulgate such regulations as may be necessary toimplement the provisions of this chapter; and
(7) Maintain a file of the written reports prepared pursuantto this chapter. The written reports shall be confidential, but shall bereleased to the attorney general, to a court of competent jurisdiction, andupon written request to the participant, his or her counsel, the reportingperson or agency, the appropriate review board or a social worker assigned tothe case.
§ 40.1-27-3 Duties of the director of thedepartment of mental health, retardation, and hospitals. – The director of the department of mental health, retardation, and hospitals orhis or her designee shall:
(1) Notify the attorney general or his or her designee, thechair of the program's human rights committee forthwith upon receipt of an oralor written report made pursuant to § 40.1-27-2;
(2) Investigate and evaluate or cause to be investigated andevaluated the information reported in those reports. The investigation andevaluation shall be made within twenty-four (24) hours if the director of thedepartment of mental health, retardation, and hospitals has reasonable cause tobelieve the participant's health or safety is in immediate danger of furtherabuse or neglect and within seven (7) days for all other reports. Theinvestigations shall include a visit to the program, an interview with theparticipant allegedly abused, mistreated or neglected, an interview with allwitnesses to the alleged incident, a determination of the nature, extent, andcause or causes of the injuries, the identity of the person or personsresponsible therefor, all other pertinent facts and recommendations to preventfurther abuse, mistreatment or neglect of the participant or other programparticipants. The determination shall be in writing;
(3) Evaluate the environment in the program named in thereport and make a written determination of the risk of physical or emotionalinjury to any other participants in the same program;
(4) Forward to the attorney general and the chair of theprogram's human rights committee within fifteen (15) days after a case isinitially reported pursuant to § 40.1-27-2 a summary of the findings andrecommendations on each case;
(5) If the director of the department of mental health,retardation, and hospitals has reasonable cause to believe that a participanthad died as a result of abuse, mistreatment, or neglect, immediately report thedeath to the attorney general and to the office of the medical examiner. Theoffice of the medical examiner shall investigate the report and communicate itspreliminary findings, orally within seventy-two (72) hours, and in writingwithin seven (7) working days to the attorney general and to the department ofmental health, retardation, and hospitals. The office of the medical examinershall also communicate its final findings and conclusions, with the basistherefore to the same parties within sixty (60) days;
(6) Promulgate such regulations as may be necessary toimplement the provisions of this chapter; and
(7) Maintain a file of the written reports prepared pursuantto this chapter. The written reports shall be confidential, but shall bereleased to the attorney general, to a court of competent jurisdiction, andupon written request to the participant, his or her counsel, the reportingperson or agency, the appropriate review board or a social worker assigned tothe case.
