Section He-E 701.04 - Protective Investigation Requirements(a) The department shall conduct a protective investigation on each report received, except as described in (b), (c), or (d) below.(b) The department shall not conduct or complete a protective investigation when any of the following apply: (1) The alleged victim does not fall under the reporting requirement described in RSA 161-F:46;(2) The allegation(s) is determined not to meet any of the definitions of abuse, neglect, exploitation, or self-neglect contained in RSA 161-F:43;(3) When the alleged victim cannot be located and the department determines that an interview with the alleged victim is necessary to conduct the investigation;(4) When the alleged victim no longer resides in New Hampshire and adult protective staff has referred or attempted to refer the report to appropriate adult protective services or law enforcement;(5) When the investigator has made multiple attempts to interview the alleged victim and the alleged victim:a. Declines to be interviewed;b. Does not display any indications of having suffered cognitive decline; andc. Is not in imminent danger;(6) When the alleged victim cannot be reached for interview and the investigator has: a. Made at least 3 attempts to contact the alleged victim by phone;b. Made 3 unannounced home visits to attempt to contact the alleged victim; andc. Contacted or attempted to contact anyone the investigator suspects may have knowledge of the alleged victim's whereabouts;(7) When the report involves an incident or situation of abuse, neglect, or exploitation that allegedly occurred one or more years ago, and there is no current contact with the alleged perpetrator;(8) When the report does not include sufficient information to allow an investigation to be conducted under RSA 161-F:42-57;(9) When the alleged perpetrator dies prior to the initiation of the investigation, or after the investigation has been initiated, but before it is completed;(10) When another DHHS bureau has been or will be conducting an investigation because the alleged perpetrator is living in a certified or licensed facility or residence at the time of the alleged incident;(11) When the report is determined to be frivolous or without factual basis as described in RSA 161-F:46, III;(12) For reports of self-neglect when the alleged victim is in or enters into a hospice program and is compliant with a hospice treatment plan; or(13) When the alleged victim and the alleged perpetrator are both residents of a licensed or certified facility after the report and adult protective staff has referred the report to the appropriate licensing entity.(c) When the report is criminal in nature, and a criminal investigation will be or has been conducted by law enforcement, the department shall not conduct or complete an investigation unless one or more of the following apply: (1) The alleged perpetrator is registry eligible;(2) The investigator has determined that the alleged victim is in need of protective services; or (3) The alleged perpetrator has ongoing contact with the alleged victim.(d) When the alleged victim has died, the department shall not conduct or complete an investigation when any of the following apply:(1) When a report is self-neglect;(2) When the alleged perpetrator is not registry eligible; or(3) When the alleged victim has not been interviewed and BEAS determines that an interview with the alleged victim is necessary to the investigation.N.H. Admin. Code § He-E 701.04
#5008, eff 11-27-90, EXPIRED: 11-27-96
New. #6867, eff 10-9-98; ss by #8727, INTERIM, eff 10-9-06, EXPIRED: 4-7-07
New. #8868, eff 4-19-07; (See Revision Note at Chapter Heading for He-E 700) #10179, eff 9-1-12
Amended by Number 15, Filed April 13, 2023, Proposed by #13600, Effective 3/24/2023, Expires 3/24/2033.