049-2 Wyo. Code R. § 2-5

Current through April 27, 2019

Section 2-5 - Investigation Track

(a) The investigative process by the Department and/or law enforcement agency shall begin no later than twenty-four (24) hours of the intake of a report of abuse, neglect, exploitation, intimidation, self-neglect or abandonment.

(b) The caseworker shall review the initial report and confirm the accuracy of the information contained in the report with the reporter, when possible.

(c) Any investigations may be teamed with a law enforcement agency. If financial exploitation is reported to law enforcement, the caseworker shall keep the file open until a final report is received from law enforcement, and if no prosecution, substantiation of the allegation may be possible.

(d) In-person contact shall be immediately attempted with the alleged victim when the report alleges any of the following:

(i) A major injury;

(ii) A vulnerable adult is suffering from an acute, untreated medical condition;

(iii) A vulnerable adult is in danger of sustaining immediate and/or reasonably foreseeable physical harm;

(iv) A vulnerable adult is alleged to be a victim of exploitation;

(v) A vulnerable adult is alleged to be a victim or intimidation; and/or

(vi) A vulnerable adult is alleged to be a victim of abandonment.

(e) Unless (d) applies, the caseworker shall make in-person contact with the vulnerable adult within three (3) calendar days of the receipt of the report. The caseworker and/or a law enforcement officer may make in-person contact with the caregiver, family, or individual, and the alleged perpetrator. If law enforcement takes the lead on the in-person contact then the three (3) day in-person contact would not be required for caseworker.

(i) In-person contact is not required when the caseworker has made a good faith attempt to contact the vulnerable adult and the vulnerable adult cannot be located.

(ii) Court-ordered injunction(s). When a vulnerable adult needs protective services and the caregiver refuses to allow the provision of those services, the Department, through the Office of the Attorney General or the district/county attorney, may petition the court for an order pursuant to Wyo. Stat. § 35-20-106 enjoining the caregiver from interfering with the provision of protective/emergency services. If access to the vulnerable adult is denied to law enforcement or the Department seeking to investigate a report of abuse, neglect, exploitation, intimidation, abandonment or self-neglect of a vulnerable adult, the investigator, through the Office of the Attorney General or the district/county attorney, may seek an injunction pursuant to Wyo. Stat. § 35-20-110 to prevent interference with the investigation.

(f) When conducting initial in-person interviews:

(i) The alleged perpetrator shall not be present during the initial interview of the alleged victim; and

(ii) During the initial in-person interview with the vulnerable adult's caregiver, which may include a legal guardian, the caseworker shall inform the person being interviewed orally and in writing that:
- (A) A report has been received and of the Department's duty to investigate;
- (B) The investigation may involve a law enforcement agency or the court if needed to protect the vulnerable adult from further abuse, neglect, exploitation, neglect, intimidation, and or abandonment; and
- (C) The name of the reporter shall not be disclosed unless required by the court.

(g) During the initial interview of the alleged perpetrator, the caseworker shall inform the alleged perpetrator, orally and in writing that:

(i) A report has been received against him or her, and the Department has the duty to investigate; and

(ii) The investigation may involve a law enforcement agency or the court if needed to protect the vulnerable adult from any further abuse, neglect, exploitation, intimidation or abandonment.

(h) The Department shall provide the law enforcement agency with all case records in the investigation, when requested.

(i) The caseworker may coordinate needed services and assist the law enforcement officer when requested (e.g., interviewing other significant individuals).

(j) If the caseworker receives the law enforcement agency's investigative reports, the caseworker may use the law enforcement agency's investigative reports to substantiate the abuse, neglect, exploitation, abandonment, and intimidation of a vulnerable adult for the purposes of placing the name of the alleged perpetrator on the Central Registry. This is only acceptable from law enforcement and not for an investigative report completed by another agency or facility.

(k) The Department shall maintain confidentiality with the vulnerable adult and caregiver unless it becomes necessary to share information with individuals or agencies involved in the delivery of adult protective services to the vulnerable adult or in the prosecution of the perpetrator(s) of abuse, neglect, exploitation, intimidation or abandonment of a vulnerable adult. Such individuals and agencies include, but are not limited to:

(i) The Office of the Attorney General (Medicaid Fraud Control Unit);

(ii) District/County attorneys and law enforcement officers;

(iii) Appropriate community services providers;

(iv) Adult protective services team members; and/or

(v) Adult Protective Services in other states.

(l) Photographs and xrays:

(i) The caseworker shall take or obtain photographs and/or xrays of a vulnerable adult when the vulnerable adult has observable marks, injuries or an appearance believed to be caused by abuse or neglect.

(ii) The Department may pay for the photographs and xrays when no other resources are available with approval from the District Manager or designee.

(iii) If voluntary consent is not given by the vulnerable adult or guardian and photographs and xrays need to be obtained, the Department shall request assistance for obtaining such evidence from a law enforcement agency or the district/county attorney.

(m) The investigative process may be modified with the District Manager's written approval when the investigation is conducted by a law enforcement agency or at the request of the law enforcement agency.

(n) If an emergency exists and the vulnerable adult lacks the capacity to consent to protective services, the caseworker shall contact the Office of the Attorney General or the district/county attorney to petition the court for an order pursuant to Wyo. Stat. § 35-20-107 for emergency protective services.

(o) The caseworker shall develop an action plan of intervention and referral services for the vulnerable adult which contain necessary actions to provide for the safety and well being of the vulnerable adult.

(p) At the end of the investigation, the caseworker shall refer the case for necessary services from the Department to outside agencies in the service area, which include, but are not limited to:

(i) Public Health Nursing;

(ii) The Department of Health, Aging Division;

(iii) Department of Health, Medicaid;

(iv) The Department of Health, Division of Developmental Disabilities;

(v) The Department of Health, Division of Mental Health;

(vi) Domestic Violence/Victim Assistance programs;

(vii) Wyoming Guardianship Corporation; and/or

(viii) Community Mental Health and Substance Abuse Centers.

(q) If deemed necessary by the Department, protective services may be furnished by the Department within three (3) days from the time the report or notice is received by the Department. Protective services may be provided by the Department until the vulnerable adult no longer needs those services or until another person or agency is providing those services.

(r) Each case under investigation by the Department or a law enforcement agency must be determined to be substantiated or unsubstantiated.

(i) The Department shall substantiate all reports where a court has accepted a criminal plea of guilty or nolo contendere, or a civil or criminal court has made a finding that the alleged perpetrator committed certain acts that constitute abuse, neglect, exploitation, intimidation or abandonment under these Rules.

(ii) Each substantiated report of abuse, neglect, exploitation, intimidation or abandonment of a vulnerable adult pursuant to the Adult Protective Services Act shall be entered and maintained within the Central Registry of vulnerable adult protection cases.

(s) Notice of findings:

(i) The Department shall inform professional reporters of suspected vulnerable adult abuse, neglect, exploitation, intimidation and OR abandonment that an investigation was conducted and the allegations were substantiated or unsubstantiated.

(ii) The Department shall inform the vulnerable adult, caregiver, family, individual which may include the legal guardian, and the alleged perpetrator(s) in writing of the conclusion of the Department's investigation.

(iii) In substantiated cases, the Department shall inform the alleged perpetrator in writing that:
- (A) His or her name has been entered on the Central Registry;
- (B) He or she may respond in writing to the findings of the investigation and such statement shall be included with the Central Registry report; and
- (C) He or She may request an administrative hearing pursuant to the Department's Contested Case Hearing Procedures.

(iv) In substantiated cases which involve licensing and funding by a governmental agency, the Department shall send notice of the substantiation to the appropriate agencies pursuant to Chapter 2, Section 5 of these Rules.

(t) In all substantiated or unsubstantiated cases, the findings shall be documented in the Department's data system.

(u) The caseworker shall provide the district/county attorney with a written report of substantiated abuse, neglect, exploitation, abandonment, or intimidation of a vulnerable adult within seven (7) days of such determination unless emergency intervention dictates immediate notification.

(v) When the Department receives a report that a person has been convicted of, or has pled guilty or no contest to, a crime, which includes the abuse, neglect, exploitation, intimidation or abandonment of any vulnerable adult, that conviction shall be maintained on the Central Registry.

049-2 Wyo. Code R. § 2-5