Title 20, Social Services

§346-186 Prior early learning program information. (a) The department shall establish or augment an existing database to collect and analyze information it receives from the department of education pursuant to sections 302A-1165 and 302A-1166 and the state public charter school c…

[§346-187] Early childhood registry; staff information required. (a) The department may establish and maintain an information system to be designated as the early childhood registry. The purpose of this registry shall be to maintain a repository of early childhood provider and st…

§346-188 Child care accreditation program; established. (a) The department shall establish and implement a child care accreditation program. (b) The department shall develop standards, policies, and procedures for the administration of the child care accreditation program, which …

§346-19.7 Prospective adoptive parents; standards and home studies. (a) The department shall develop standards to ensure the reputable and responsible character of prospective adoptive parents as defined in this chapter. (b) The department shall develop procedures for obtaining v…

[§346-19.8] Department standards and requirements; disability. The department shall not consider the disability of a person to be the sole factor in making a determination under section 346-17 or section 346-19.7. If the department makes a determination to deny the petition of a …

§346-2 Appointment of personnel. The director of human services shall appoint such personnel in conformity with law as the director deems necessary. All employees of the department of human services shall be appointed subject to any civil service law relating to state employees; …

§346-2.5 Background checks. (a) The department shall develop procedures for obtaining verifiable information regarding the criminal history of any person who is employed or seeking employment, including a contractor and its employees or subcontractor and its employees if prior au…

PART X. ADULT PROTECTIVE SERVICES §346-221 Purpose; construction. The legislature recognizes that citizens of the State who are vulnerable to abuse constitute a significant and identifiable segment of the population and are particularly subject to risks of abuse, neglect, and exp…

§346-222 Definitions. For the purposes of this part: "Abuse" means any of the following, separately or in combination: each as further defined in this chapter. Abuse does not include, and a determination of abuse shall not be based solely on, physical, psychological, or financial…

§346-223 Jurisdiction; venue. The family court shall have jurisdiction over protective proceedings under this part that concern a vulnerable adult who was or is found within the judicial circuit at the time the facts and circumstances occurred, were discovered, or were reported t…

§346-224 Reports. (a) The following persons who, in the performance of their professional or official duties, know or have reason to believe that a vulnerable adult has incurred abuse or is in danger of abuse if immediate action is not taken shall promptly report the matter orall…

§346-225 Confidentiality of reports. A report made pursuant to this part, including the identity of the reporting person and all records of the report, shall be confidential and any person who makes an unauthorized disclosure of a report or records of a report shall be guilty of …

§346-226 Access to records. Records of a vulnerable adult shall be obtained by the department or the vulnerable adult's court-appointed guardian ad litem with the written consent of the vulnerable adult or the vulnerable adult's representative, or by court order. Any person who r…

§346-227 Investigation. Upon receiving a report that abuse of a vulnerable adult has occurred or is in danger of occurring if immediate action is not taken, the department shall cause an investigation to be commenced in accordance with this part as the department deems appropriat…

§346-228 Action upon investigation. Upon investigation the department shall take action to prevent abuse and shall have the authority to do any or all of the following:

§346-229 Right of entry. (a) An employee of the department engaged in an investigation under this part shall be authorized to visit and communicate with the vulnerable adult who is the subject of the report. Any person intentionally or knowingly obstructing or interfering with th…

§346-230 Termination of services. (a) The department shall act only with the consent of the vulnerable adult, unless the department obtains court authorization to provide necessary services, as provided in section 346-231. Investigation and services provided under this part shall…

§346-231 Order for immediate protection. (a) If the department believes that a person is a vulnerable adult and it appears probable that the vulnerable adult has incurred abuse or is in danger of abuse if immediate action is not taken and the vulnerable adult consents, or if the …

§346-232 Order to show cause hearing. (a) When a written order for immediate protection is issued, the court shall hold a hearing on the application for immediate protection, no later than seventy-two hours after issuance of the written order, excluding any Saturday or Sunday, re…

§346-233 Petition. (a) A petition invoking the jurisdiction of the court under this part shall be entitled "In the matter of the protection of ," and shall be verified. (b) The petition shall set forth with specificity the:

§346-234 Guardian ad litem; counsel. (a) In any case where the court has reason to believe that a vulnerable adult or any other party lacks the capacity to effectively make decisions concerning the party's person, it may appoint a guardian ad litem to represent the interests of t…

§346-235 Consolidation with guardianship proceedings. A proceeding for the appointment of a guardian or conservator under article V of chapter 560 may be consolidated with the proceedings under this part as the applicable circuit court and the family court, in the exercise of the…

§346-236 Permanent changes. Permanent changes in the living situation of a vulnerable adult who has incurred abuse shall not ordinarily be made under authority of this part. If permanent changes in the living situation or nonemergency medical treatment are necessary, the appropri…

§346-237 Notice of proceedings. (a) After a petition has been filed, the matter shall be set for hearing and a notice of hearing shall be issued to all parties to the proceeding. The parties to the proceeding shall include: (b) Where the name or whereabouts of a potential party i…

§346-238 Service. (a) Service of the notice shall be made by delivery of a copy thereof together with a certified copy of the petition to each person or entity to be given notice either by personal service, by certified mail, return receipt requested and addressed to the last kno…

§346-239 Required findings concerning postponed hearings. Except as otherwise provided, no hearing shall be delayed upon the grounds that a party other than the vulnerable adult is not present at the hearing or has not been served with a copy of the order for immediate protection…

§346-240 Adjudicatory hearing. (a) When a petition has been filed, the court shall set a return date hearing to be held within thirty days of the filing of the petition. On the return date, the parties personally or through counsel may stipulate to the entry or continuance of the…

§346-241 Disposition. (a) The department shall prepare a proposed protective order and a written protective services plan and submit copies to the court and each of the parties or their counsel at least seven days prior to the disposition hearing. (b) The proposed protective orde…

§346-242 Review hearings. Except for good cause shown, the court shall set each case for a review hearing not later than six months after the date that a protective order and protective services plan are ordered by the court. Thereafter, the court shall review the matter at inter…

[§346-243] Appeal. Any party aggrieved by an order or decree of the court may appeal as provided by section 571-54. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §9]

§346-244 Admissibility of evidence. The physician-patient privilege, the psychologist-client privilege, the spousal privilege, and the victim-counselor privilege shall not be grounds for excluding evidence in any judicial proceeding resulting from a report pursuant to this part. …

[§346-245] Hearings. The protective proceedings shall be heard without a jury. The hearing may be adjourned from time to time. The general public shall be excluded, and only such persons as are found by the court to have a direct interest in the case shall be admitted. [L 1989, c…

[§346-246] Failure to comply with court orders. The court may apply contempt of court provisions and all other provisions available under the law if a party fails to comply with the terms and conditions of any order issued under this part. [L 1989, c 381, pt of §1; am L 1990, c 1…

§346-247 Payment for service or treatment provided to a party. Whenever service, treatment, care, or support of a vulnerable adult is provided under this part, the persons or legal entities who may be legally obligated to pay for the service, treatment, care, or support of the vu…

[§346-248] Fiscal and service responsibility. The department or other authorized agencies shall provide only the care, service, treatment, support, or payment authorized by law. The department or authorized agencies shall have the authority to establish priorities and limitations…

§346-249 Cooperation. Every public official or department shall render all assistance and cooperation within the official's or department's power and that may further the purpose and objectives of this part. The department and the court may seek the cooperation of organizations w…

[§346-250] Immunity from liability. (a) Anyone participating in good faith in the making of a report pursuant to this part shall have immunity from any liability, civil or criminal, that might be otherwise incurred or imposed by or as a result of the making of such a report. Any …

[§346-251] Presumption of capacity. An individual shall be presumed capable of making decisions concerning the individual's person. A determination that an individual lacks capacity under this part shall not be construed as a finding that the individual lacks capacity for any oth…

[§346-252] Advanced age. An individual shall not be involuntarily subjected to the provisions of this part solely based on advanced age. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §9]

[§346-253] Rules. The department shall adopt rules pursuant to chapter 91 necessary for the purposes of this part. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §9]

§346-26 Prevention and treatment of conditions giving rise to need. The department of human services may carry on or administer or cooperate with other public or private agencies in work or activities for the purpose of preventing or treating conditions giving rise to the need fo…

PART XI. FIRST-TO-WORK PROGRAM §346-261 First-To-Work; establishment; purpose. (a) There is established a mandatory work program for certain applicants and recipients of temporary assistance for needy families and temporary assistance for other needy families consistent with fede…

[§346-28.5] Family self-sufficiency escrow accounts; asset test exemption. Moneys within an escrow account established under the family self-sufficiency program of the United States Department of Housing and Urban Development shall be disregarded when determining eligibility for …

§346-29 Applications for public assistance; manner, form, conditions. (a) Applications for public assistance under this chapter shall be made by the applicant, or by someone acting in the applicant's behalf, in the manner, place, and form prescribed by the department. (b) No appl…

[§346-29.3] Medical assistance application information; annual report; public disclosure. (a) Each applicant for medical assistance under any program administered by the department shall identify the employer of the proposed beneficiary of medical assistance. If the proposed bene…

§346-29.5 Real property liens. (a) The department of human services may require of any person applying for or currently receiving assistance under the department's programs, including but not limited to social service payments, financial assistance, medical assistance, and food s…