Title 34 — Welfare
17 chapters · 206 sections in this title.
34 V.I.C. § 451 Short title
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This chapter may be cited as “The Older and Dependent Adult Abuse Prevention Act.”
34 V.I.C. § 452 Definitions
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(a) The following terms have the meaning set forth in this chapter, unless the context requires otherwise—(a) “Abandonment” means the desertion or willful forsaking of an older or dependent adult by anyone having care or custody of that person under circumstances in which a reaso…
34 V.I.C. § 453 Mandated reporter; duties
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(a) Any mandated reporter who, in the mandated reporter's professional capacity, or within the scope of the mandated reporter's employment, has observed or has knowledge of an incident that reasonably appears to be physical abuse, abandonment, abduction, isolation, financial abus…
34 V.I.C. § 454 Other persons making report
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Any person who is not a mandated reporter under this chapter, who knows, or reasonably suspects, that an older or dependent adult has been the victim of abuse may report the abuse to a local law enforcement agency.
34 V.I.C. § 455 Evidentiary privileges
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Nothing in this chapter may be construed as requiring an attorney to violate the attorney's oath and duties.
34 V.I.C. § 456 Disclosure; penalties
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(a) The reports required by this chapter are confidential and may be disclosed only as provided in this section. Any violation of the confidentiality required by this chapter is a misdemeanor punishable by a fine of $500 or not less than six month's imprisonment, or both such fin…
34 V.I.C. § 457 Identity of person reporting; confidentiality
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(a) The identity of any person who reports under this chapter is confidential and may be disclosed only among the following agencies or persons representing the agency:(1) The Department Human Services;(2) A licensing agency;(3) A local law enforcement agency;(4) The office of th…
34 V.I.C. § 458 Immunity from liability of persons authorized to report abuse; attorney costs
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(a) A care custodian, clergy member, health practitioner, or employee of the Department of Human Services or a local law enforcement agency is not civilly or criminally liable for any report required or authorized by this chapter. (b) Any other person reporting a known or suspect…
34 V.I.C. § 459 Cross-report to law enforcement agency and licensing agency
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(a) The Department of Human Services, local law enforcement agencies and the ombudsman shall report the results of their investigations, referrals or reports of older or dependent adult abuse to the respective referring or reporting agencies in the following manner:(1) The Depart…
34 V.I.C. § 460 Designation of agency to investigate reports; inventory of service agencies to assist victims
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(a) Investigations of reports of known or suspected instances of older or dependent adult abuse are the responsibility of the Department of Human Services when the following are alleged:(i) emotional abuse;(ii) neglect;(iii) abandonment;(iv) isolation;(v) maltreatment;(vi) financ…
34 V.I.C. § 461 Guidelines for determining whether investigation is warranted
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(a) The Department of Human Services shall maintain minimum guidelines for use in determining when an investigation of abuse is warranted. (b) The Virgin Islands Police Department shall develop uniform guidelines for local law enforcement assistance with investigations of allegat…
34 V.I.C. § 462 Training programs
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(a) The Department of Human Services shall offer training programs to local law enforcement and prosecutorial personnel in investigating crimes against older and dependent adults. (b) The Department of Human Services shall offer training programs in evaluating and documenting ins…
34 V.I.C. § 463 Provision of instructional materials regarding elder and dependent adult abuse and neglect
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(a) The Police Department and the Department of Human Services in conjunction with the Department of Health shall provide organizations with instructional materials regarding older and dependent adult abuse and neglect and their obligation to report under this chapter. At a minim…
34 V.I.C. § 464 Forms for written abuse reports; contents
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(a) (1) The written abuse reports required for the reporting of abuse, as defined in this chapter, must be submitted on forms adopted by the Department of Human Services after consultation with representatives of the various law enforcement agencies, the Department of Health, pro…
34 V.I.C. § 465 Criminal background check for certified nurses assistants and certified home health aide applicants
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(a) All initial certified nurse assistant and certified home health aide applicants, shall as a requirement for certification, undergo a criminal background check. (b) Certified nurse assistants and home health aides certified prior to January 1, 2009, shall, as a condition of re…
34 V.I.C. § 466 Access to information
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(a) Unless otherwise prohibited by law, the Police Department shall make available to the Department of Health and the Department of Human Services, at no cost as determined by the Virgin Islands Police Department, access to the Virgin Islands Police Department database; or (b) T…
34 V.I.C. § 467 Statement as to knowledge of compliance with reporting requirements
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(a) Any person who enters into employment on or after January 1, 2009, as a care custodian, clergy member, health practitioner, or with the Department Human Services or a local law enforcement agency, before commencing his employment and as a prerequisite to the employment, shall…
34 V.I.C. § 468 Investigations and provision of adult protective services
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(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 exploitati…
34 V.I.C. § 469 Criminal abuse or neglect of an older or dependent adult
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(a) It is unlawful for any person to abuse an older or dependent adult. A person is guilty of criminal abuse or neglect of an older or dependent adult when that person knowingly(1) performs an acts that causes an older or dependent adults' life to be endangered, health to be inju…
34 V.I.C. § 470 Financial abuse of an older or dependent adult; bad faith
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(a) A person commits financial abuse of an older or dependent adult when all of the following are present:(1) a person or entity;(2) takes, secretes, appropriates or retains property of an older or dependent adult, or assists with the taking, secreting, appropriating or retention…
34 V.I.C. § 470a Financial exploitation of an older or dependent adult
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(a) A person commits the offense of financial exploitation of an older or a dependent adult when the person knowingly and by deception or intimidation obtains control over the property of an older or a dependent adult or illegally uses the assets or resources of an older or a dep…
34 V.I.C. § 470b Violations, criminal penalties
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(a) It is unlawful for any person to financially exploit an older or a dependent adult. (b) Any person who financially exploits an older or a dependent adult is guilty of:(1) a misdemeanor if the value of the property is less than $500 punishable by imprisonment for not more than…
34 V.I.C. § 470c Civil liability
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(a) A civil cause of action exists for financial exploitation of an older or a dependent adult. A person against whom a civil judgment has been entered for financial exploitation of an older or dependent adult is liable for treble damages to the victim or to the estate of the vic…
34 V.I.C. § 471 Isolation; rebuttable presumption
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(a) The act of isolation as set forth in section 452(p) of this chapter is subject to a rebuttable presumption that the act does not constitute isolation if:(a) The act is performed pursuant to the instructions of a physician or surgeon licensed to practice medicine in the territ…
34 V.I.C. § 472 Remedies
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(a) Abuse and neglect. In any civil action brought under this chapter, when it is proven by a preponderance of the evidence that a defendant is liable for physical abuse, neglect or financial abuse, as defined in this chapter and the defendant has been found to have been negligen…
34 V.I.C. § 473 Good faith efforts
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(a) Nothing in this chapter may be construed to impose criminal liability on a person who has made a good faith effort to assist the older or dependent adult in the management of older or depend adult’s property but, through no fault of the assisting person, the assisting person …
34 V.I.C. § 474 Death of the older or dependent adult; jurisdiction
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(a) The death of the older or dependent adult does not cause the court to lose jurisdiction in any claim for relief for abuse of an older or dependent adult. (b) Upon petition, after the death of the older or dependent adult, the right to maintain an action shall be transferred t…
34 V.I.C. § 475 Protective order for an older or dependent adult who has suffered abuse; prohibition against possession of firearm
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(a) An older or dependent adult who has suffered abuse as defined in this subchapter may seek protective orders as provided in this section. (b) For the purposes of this section, “protective order” means an order that includes any of the following restraining orders, whether issu…
34 V.I.C. § 476 Reimbursement
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(a) The Department shall establish, by regulation, financial eligibility guidelines that provide a procedure for reimbursement by older or disabled adults for all or part of the costs of protective services. If the Department determines that the older or disabled adult who is in …
34 V.I.C. § 477 Rules and regulations
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The Commissioner of Human Services may revise the rules and regulations for the implementation of the provisions of the Older and Dependent Adult Abuse Prevention Act.
34 V.I.C. § 478 Defense not available
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It is no defense that a person who violated this chapter reasonably believed that the victim was not an older or dependent adult.
34 V.I.C. § 479 Limitations
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Nothing in this chapter may be construed to limit the remedies available to the victim under title 16, chapter 2 of the Virgin Islands Code.