39-1443. Investigation of adult abuse; coordination and cooperation between agencies.
39-1443
39-1443. Investigation of adult abuse; coordinationand cooperation between agencies.(a) Investigation of adult abuse. The statedepartment of social and rehabilitation services and law enforcement officersshall have the duty to receive and investigate reports of adult abuse, neglect,exploitation or fiduciary abuse for the purpose of determining whether thereport is valid and whether action is required to protect the adult fromfurther abuse or neglect. If the department and such officers determine that noaction is necessary to protect the adult but that a criminal prosecution shouldbe considered, the department and such law enforcement officers shall make areport of the case to the appropriate law enforcement agency.
(b) Joint investigations. When a report of adult neglect, adultabuse,exploitation or fiduciary abuse indicates (1) that there is serious physicalinjury to or serious deterioration or sexual abuse or exploitation of the adultand (2) that action may be required to protect the adult, the investigation maybe conducted as a joint effort between the department of social andrehabilitation services and the appropriate law enforcement agency or agencies,with a free exchange of information between such agencies. Upon completion ofthe investigation by the law enforcement agency, a full report shall beprovided to the department of social and rehabilitation services.
(c) Coordination of investigations by county or district attorney.If a dispute develops between agencies investigating a reported case ofadult abuse, neglect, exploitation or fiduciary abuse, the appropriatecounty or district attorney shall take charge of, direct and coordinatethe investigation.
(d) Investigations concerning certain facilities. Anyinvestigation by a law enforcement agency involving a facility subject tolicensing or regulation by the secretary of health and environment shall bereported promptly to the state secretary of health and environment, uponconclusion of the investigation or sooner if such report does not compromisethe investigation.
(e) Cooperation between agencies. Law enforcement agencies andthe department of social and rehabilitation services shall assist each otherin taking action which is necessary to protect the adult regardless of whichparty conducted the initial investigation.
History: L. 2003, ch. 91, § 1; July 1.