Investigations and provision of adult protective services

34 V.I.C. § 468 — under The Elder and Dependent Adult Abuse Prevention Act.

34 V.I.C. § 468

(a) Pursuant to its responsibilities with respect to investigations of reports of suspected or known abuse and neglect of older and dependent adults, the Department of Human Services may seek and receive local law enforcement assistance with investigations of financial exploitation to older or dependent adults.

(b) The Department of Human Services during its investigation of suspected or known financial exploitation may:(1) visit the residence of the older or dependent adult who is the subject of the report to conduct interviews and collect information relevant to the investigation;(2) conduct interviews and consultations with banks, other financial institutions, other governmental agencies that provide financial or medical assistance, other private and non-profit service agencies, and individuals who have knowledge of the older or dependent adult; and(3) obtain financial records and other information from the entities and individuals listed in paragraph (2).

(1) visit the residence of the older or dependent adult who is the subject of the report to conduct interviews and collect information relevant to the investigation;

(2) conduct interviews and consultations with banks, other financial institutions, other governmental agencies that provide financial or medical assistance, other private and non-profit service agencies, and individuals who have knowledge of the older or dependent adult; and

(3) obtain financial records and other information from the entities and individuals listed in paragraph (2).

(c) If any person denies or obstructs access to the residence, banks, or other financial institutions to the Department of Human Services worker who is conducting the investigation or obstructs the provision of adult protective services, the Department may petition the Superior Court requesting an order that enjoins the person from so obstructing the investigation or the provision of adult protective services.

(d) The Department of Human Services may provide or arrange for adult protective services that may be necessary to assist and protect elders and dependent adults during an investigation of suspected or known financial exploitation in accordance with the established service plan. Adult protective services may include but is not limited to homemaker service, home-health aide, transportation, referrals to legal assistance, counseling, and nutrition services.

(e) The Department of Justice shall establish, oversee, and manage an Older Adult Abuse Registry listing individuals convicted under section 469,470 and 470a of this chapter. The registry must be maintained with appropriate safeguards to ensure secure access to sensitive information and shall be used exclusively for employment screening, law enforcement investigations, and public safety matters involving older adults. The Department shall establish rules for registry access, appeals, and updates.

(f) The Department of Human Services shall provide interagency support to the Department of Justice in maintaining the Older Adult Abuse Registry. This support may include:(1) Sharing case referrals or substantiated findings involving older or dependent adult abuse;(2) Providing non-confidential data for verification of convictions listed in the registry;(3) Assisting with outreach and education to long-term care providers, employers, and advocacy organizations regarding the purpose and proper use of the registry. The Department of Human Services shall have no authority over the management, access protocols, or legal determinations associated with the Registry, except as otherwise provided by law.

(1) Sharing case referrals or substantiated findings involving older or dependent adult abuse;

(2) Providing non-confidential data for verification of convictions listed in the registry;

(3) Assisting with outreach and education to long-term care providers, employers, and advocacy organizations regarding the purpose and proper use of the registry. The Department of Human Services shall have no authority over the management, access protocols, or legal determinations associated with the Registry, except as otherwise provided by law.