R510-302-7. Investigation

  (1) The assigned investigator shall initiate the investigation and determine whether:

  (a) there is an allegation of abuse, neglect or exploitation;

  (b) the alleged victim is a vulnerable adult;

  (c) the alleged victim has the capacity to consent;

  (d) the alleged victim has a legal guardian or conservator;

  (e) an emergency exists; and

  (f) the extent of the alleged victim's mental or physical impairment.

  (2) The investigator shall make a face-to-face visit with the alleged victim.

  (a) The investigator shall seek the consent of the vulnerable adult to provide services if the vulnerable adult has the capacity to consent.

  (b) The investigator shall seek the consent of the vulnerable adult's legal guardian to provide services if the vulnerable adult does not have the capacity to consent.

  (3) The investigator may not enter the home of a vulnerable adult unless the vulnerable adult, legal guardian, or caretaker consents, except when the investigator has reason to believe exigent circumstances exist to protect the vulnerable adult from imminent harm.

  (4) The investigator shall interview the alleged perpetrator(s) unless:

  (a) specifically requested not to do so by law enforcement officers in order to avoid impeding an ongoing criminal investigation or proceeding;

  (b) interviewing the alleged perpetrator(s) would likely endanger or cause harm to any person;

  (c) prior to interviewing the alleged perpetrator(s), the allegation is found to be without merit;

  (d) APS is unable to locate the victim;

  (e) the alleged victim died before the investigation started;

  (f) the alleged perpetrator(s) cannot be located or is unknown after APS has made reasonable efforts to locate and/or identify the alleged perpetrator(s)[;

  (g) the alleged perpetrator(s) has refused the interview, or

  (5) When the investigator has reason to believe any hazardous waste or illegal drugs may be located at an investigative site, the investigator will contact law enforcement agencies and not enter the site until the local health department determines it is safe to do so. The law enforcement agencies may be asked:

  (a) to assess and secure a vulnerable adult's immediate safety,

  (b) facilitate the vulnerable adult's exit from the site,

  (c) and arrange for emergency transportation to the hospital for decontamination.

  (6) The investigator may obtain an administrative subpoena when one of the following circumstances applies:

  (a) the vulnerable adult lacks the capacity to consent; or

  (b) the vulnerable adult's legal guardian refuses to consent; or

  (c) the custodian of the records or items pertinent to an investigation refuses to allow access to those records or items without a subpoena; or

  (d) the information sought is necessary to investigate allegations of abuse, neglect or exploitation or to protect the alleged victim.

  (7) An administrative subpoena form:

  (a) shall include a list that specifically identifies the documents or objects being subpoenaed;

  (b) is not valid until signed by the Director or Regional Director.

  (8) The investigator shall document all items received as a result of the subpoena.

  (9) the investigator shall evaluate all information obtained during the investigation and determine:

  (a) whether each allegation of abuse, neglect and exploitation identified during the investigation is supported, inconclusive, or without merit; and

  (c) law enforcement shall be contacted to coordinate or assist on an investigation, if the investigation indicates that criminal abuse, neglect or exploitation may have occurred or the safety of the any person is endangered.

  (d) if an unmet (protective) need exists:

  (i) the investigator may refer the vulnerable adult and the vulnerable adult's legal guardian to available community resources and services to resolve the protective need;

  (ii) the investigator or Supervisor may request a review by the Case Review Committee to determine if Short-Term Services may help to resolve the protective need;

  (iii) the investigator may make a referral to the Office of Public Guardian;

  (iv) the investigator may provide crisis intervention to assist the vulnerable adult in obtaining services or benefits as it relates to the abuse, neglect or exploitation;

  (v) the investigator may contact the family of a vulnerable adult who lacks capacity and inform the family that the vulnerable adult requires alternate living arrangements in an environment that is safe and meets the vulnerable adult's protective needs;

  (vi) the investigator may provide Protective Intervention Funds at the sole discretion of APS. These funds may be made available to the vulnerable adult, family caregiver or other provider to alleviate or resolve a protective need, and must directly benefit the vulnerable adult;

  (vii) the investigator may provide one-time payments for medications, medical treatment, or medical equipment or supplies not covered by insurance or other medical coverage; transportation; minor repairs or modifications; rent; food; or clothing, or other needs that directly benefit the vulnerable adult to alleviate or resolve a protective need; or

  (viii) the investigator may provide payments for a service provider or individual for approved Short-term services for Respite care, Supported living, or for short-term intervention funds.