DMR.4.3.050 Investigation

(a) When Elder Protective Services ("EPS") receives a report of abuse or neglect perpetrated against elders or vulnerable adults, an investigation will be initiated as required in Section DMR.4.3.050(b), below.

(b) Elder Protective Services will conduct an investigation and prepare a report within three days. The written report of the investigation shall include the information set out in Section DMR.4.3.050(c), below as well as the results of interviews, observations and assessments and other fact finding. The investigator shall conduct in-person interviews with the elder or vulnerable adult, the family and caretaker, persons suspected of having committed the acts complained of, employees of agencies or institutions with knowledge of the circumstances of the elder or vulnerable adult, and any other person the investigator believes has pertinent information. The existence and contents of medical records and other reports of abuse and neglect shall be ascertained, after the elder or vulnerable executes a release of information. The investigator personally shall assess the living conditions of the elder or vulnerable adult, including sleeping quarters.

(c) The report must be in writing and shall contain:

(1) The name, address or location, and telephone number of the elder or vulnerable adult;

(2) Name, address or location, telephone number of the person(s) or agency suspected of abusing or neglecting the elder or vulnerable adult;

(3) The nature and degree of incapacity of the elder or vulnerable adult;

(4) The name, address or location, telephone number of witnesses;

(5) The name, address or location, telephone number of the caretaker of the elder or vulnerable adult;

(6) A description of the acts which are complained of as abusive or neglectful; and

(7) Any other information that the reporter believes might be helpful in establishing abuse or neglect.

(8) The report must abide by HIPPA regulations and protect the privacy of the victim.

(d) The completed investigation report shall be filed with Elder Protective Services within seven to ten days and remain on file and not be destroyed for a period of ten years, even if it is determined that there is insufficient evidence to pursue any legal action. However, if the investigating agency determines that the allegations of abuse were made in bad faith, it shall be destroyed immediately after the investigation is completed and if the evidence is insufficient to show abuse or neglect.

(e) Completed investigation reports that substantiated elder or vulnerable adult abuse shall be forwarded to the Legal Department for review and prosecution.