N.H. Admin. Code § He-M 201.03

Current through Register No. 50, December 12, 2024

Section He-M 201.03 - Investigation Process

(a) As designee of the commissioner, the complaint investigator of each state institution shall investigate any allegation of abuse, neglect, or exploitation of clients of the institution.

(b) When a complaint investigator has reason to believe that a client might have been abused, neglected, or exploited by an employee, the complaint investigator shall, at a minimum:

(1) Determine whether the allegations are required to be referred to law enforcement for investigation as mandated by RSA 161-F:51, II for cases involving serious bodily injury to an incapacitated adult;

(2) Insure that the guardian, if any, is notified of the allegations, as follows:

a. The guardian of the person of the client shall be notified unless the allegations involve financial exploitation; and

b. If the allegations involve financial exploitation, the guardian of the estate of the client shall be notified;

(3) Interview the complainant, client, and employee and all witnesses regarding the allegations;

(4) Personally inspect the location of the alleged incident(s); and

(5) Review all records, documents and other data that have a bearing on the allegations.

(c) Following an investigation pursuant to (b) above, the complaint investigator shall:

(1) Evaluate all of the evidence collected;

(2) Determine if the allegation is substantiated by such evidence;

(3) Prepare a report of the investigation that includes:

a. A summary of the allegation;

b. A description of the investigation process;

c. The complaint investigator's findings; and

d. The evidence supporting those findings; and

(4) Determine whether the evidence and findings require that a referral be made to law enforcement for possible prosecution as mandated by RSA 161-F:51, II, for cases of abuse, neglect or exploitation of an incapacitated adult.

(d) Any employee against whom an allegation of abuse, neglect or exploitation has been made shall be notified of the outcome of the investigation. Such notification shall be hand delivered to the employee or sent by registered or certified mail, return receipt requested, to the employee at his or her last known address.

(e) If the complaint investigator concludes that the allegation is substantiated, the notification shall include:

(1) The date of the initial report;

(2) The identity of the alleged victim;

(3) A brief description of the incident, including the type of abuse, neglect, or exploitation that has occurred;

(4) The reasons for substantiating the finding;

(5) Notice of the employee's right to a reconsideration meeting pursuant to He-M 201.04;

(6) Notice of the employee's right to a review hearing pursuant to He-M 201.05 in lieu of or following the reconsideration meeting; and

(7) Notice of the employee's right to be represented by an attorney or other representative during the reconsideration meeting or review hearing, at the employee's own expense.

(f) If the complaint investigator concludes that the allegation is not substantiated, the notice shall inform the employee that the allegation has not been substantiated.

(g) The report of an investigation conducted pursuant to He-M 201.03(b) shall be forwarded to the client regarding whom the investigation was made, or to such client's guardian, and to the department's office of client and legal services.

N.H. Admin. Code § He-M 201.03

#4924, eff 8-24-90, EXPIRED 8-24-96

New. #6981, eff 4-22-99; ss by #8847, INTERIM, eff 4-16-07, EXPIRED: 10-13-07

New. #9058, eff 1-3-08