Title 34 — Welfare
17 chapters · 206 sections in this title.
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.
34 V.I.C. § 501 Definitions
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(1) As used in this chapter, the following words, unless the context clearly requires otherwise, have the following meanings:(1) “Commissioner” means the Commissioner of the Virgin Islands Department of Human Services.(2) “Department” means the Virgin Islands Department of Human …
34 V.I.C. § 502 Establishment and purpose
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(a) The Silver Alert System is established within the Virgin Islands Territorial Emergency Management Agency. The Silver Alert System is used when appropriate to alert other public safety departments and private safety organizations when an adult with documented serious memory im…
34 V.I.C. § 503 Development and implementation
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The Director, with the assistance of the Commissioner of Police, the Attorney General and the Department of Human Services, shall develop and implement the Silver Alert System notification plan for the purpose of disseminating, as rapidly as possible, information about a missing …
34 V.I.C. § 504 Consultation and training
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(a) In promulgating regulations to develop and implement the Silver Alert System, The VITEMA shall consult with the Virgin Islands Police Department, representatives of the Office of the Attorney General, the Department and any local chapter of the National Alzheimer’s Associatio…
34 V.I.C. § 505 Alert system and database
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The Department, in conjunction with VITEMA, shall develop a plan to ensure that the Silver Alert System uses a localized mass alert notification system. The plan must include the creation of a data base to store information about individuals served under this chapter, including, …
34 V.I.C. § 506 Funding
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(a) The Silver Alert Community Response System Fund is established in the Treasury of the Government of the Virgin Islands. The Commissioner of Finance shall administer this Fund as a separate and distinct fund in the Treasury of the Virgin Islands. (b) The Fund consists of all s…
34 V.I.C. § 521 Maintenance of registry
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(a) The Department of Human Services shall maintain a registry of persons 60 years and older who live alone and persons with disabilities who live alone. (b) The Department of Human Services, the Bureau of Motor Vehicles and the Virgin Islands Elections System shall post signs in…
34 V.I.C. § 522 Periodic reporting of registry information
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(a) The Bureau of Motor Vehicles and the Virgin Islands Elections System must remit the contact information to the Department of Human Services on a monthly basis. (b) The Department of Human Services shall submit the registry to the Virgin Islands Territorial Emergency Managemen…
34 V.I.C. § 523 Confidentiality of registry information
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The information collected for the registry is confidential and may not be disclosed other than to assist the person on the registry in time of a manmade or natural disaster or if there is a medical or some other emergency. Disclosure of the information under any other circumstanc…
34 V.I.C. § 661 Definition: “incapacitated person”
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As used in this chapter, “incapacitated person” means an individual who, for reasons other than being a minor, is unable to receive and evaluate information or make or communicate decisions to such an extent that the individual lacks the ability to meet essential requirements for…
34 V.I.C. § 662 Right of communication
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(a) Unless specifically authorized by court order, a guardian may not restrict an incapacitated person’s right of communication, visitation, or interaction with other persons, including the right to receive visitors, telephone calls, personal mail or electronic communications. (b…
34 V.I.C. § 663 Restrictions on communications with incapacitated person
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(1) A guardian may, for good cause shown, move the court to have restrictions placed on a person’s ability to communicate, visit, or interact with an incapacitated person in accordance with § 664. The factors the court must consider in determining good cause are:(1) Whether any p…
34 V.I.C. § 664 Requirements for restrictions on communications requested by guardian
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(a) A court may order restrictions placed on communications, visitations, or interactions a person may have with an incapacitated person upon a showing of good cause by the guardian. (b) In determining whether to issue an order in accordance with subsection (a), the court must co…
34 V.I.C. § 665 Motion to remedy violation of § 662 or § 664
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(a) If any interested person, including the incapacitated person, reasonably believes that § 662 has been violated or an order issued under § 664 has been violated, then such person may move the court to:(1) require the guardian to grant a person access to the incapacitated perso…
34 V.I.C. § 666 Hearing on motion under § 663 or § 665
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(a) Except as provided in subsection (b), the court shall schedule a hearing on a motion filed under § 663 or § 665 no later than 60 days after the date the motion is filed. The court may, in its discretion, order the parties to attempt mediation before the hearing. If mediation …
34 V.I.C. § 667 Awards and sanctions
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(a) The court may award the prevailing party in any action brought under this chapter court costs and reasonable attorneys’ fees. But an award of court costs or attorneys’ fees may not be paid out of the incapacitated person’s estate. (b) The court, upon motion or upon its own in…
34 V.I.C. § 668 Required modifications
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(1) A guardian shall promptly notify an incapacitated person’s closest relatives and any person designated by the incapacitated person to be notified, along with the appropriate contact information and upon the incapacitated person’s knowledge of such circumstance and information…
34 V.I.C. § 669 Notice not required
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(a) A guardian is not required to provide notice in accordance with § 668 if:(1) A person who is entitled to notice under § 668 informs the guardian in writing that the person does not wish to receive such notice; or(2) The incapacitated person or a court order has expressly proh…
34 V.I.C. § 680 Short title
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This chapter may be cited as “The Virgin Islands Medicaid Program Integrity Act”.
34 V.I.C. § 681 Definitions
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(a) As used in this chapter the following terms have the meaning set forth in this section, unless the context requires otherwise:(a) “Claim” means any application for payment made by any provider from the Virgin Islands Medicaid Program, or its fiscal agents, for each good or se…