Cross-report to law enforcement agency and licensing agency

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  • (a) The Department of Human Services, local law enforcement agencies and the ombudsman shall report the results of their investigations, referrals or reports of elder or dependent adult abuse to the respective referring or reporting agencies in the following manner:

    • (1) The Department of Human Services shall, within 24 hours after the reported incident or as soon as practicable, report by telephone to the law enforcement agency having jurisdiction over the case of any known or suspected instance of criminal activity, and to any public agency given responsibility for investigation in that jurisdiction of cases of elder or dependent adult abuse, every known or suspected instance of abuse of an elder or dependent adult. The Department of Human Services shall also send a written report of the alleged incident within two working days from receiving the information concerning the incident to each agency to which it is required to make a telephone report under this subsection.

    • (2) The Police Department or other law enforcement agency shall, within 8 hours or as soon as practicable, report by telephone to the Department of Human Services every known or suspected instance of abuse of an elder or dependent adult. A local law enforcement agency shall also send a written report within two working days after receiving the information concerning the incident to any agency to which it is required to make a telephone report under this subsection.

    • (3) If the Department Human Services or local law enforcement agency or ombudsman receiving a report of known or suspected elder or dependent abuse determines, pursuant to its investigation, that the abuse is being committed by a health practitioner licensed under Virgin Islands law, or by a person purporting to be a licensee, the Department Human Services, Police Department or other law enforcement agency or ombudsman, shall report this information to the appropriate licensing agency within 8 hours after receiving the report, or as soon as practicable. The licensing agency shall investigate the report in light of the potential for physical harm. The transmittal of information to the appropriate licensing agency does not relieve the Department of Human Services, Police Department or other law enforcement agency or the ombudsman of the responsibility to continue its own investigation as required under applicable provisions of law. The information reported under this paragraph must remain confidential and may not be disclosed.

  • (b) Any person may report any instance of abuse, neglect or abandonment occurring in a health care facility which has seriously harmed any patient or reasonably appears to present a serious threat to the health or physical well-being of a patient in that facility. The report must contain information about the circumstances related to the reported neglect but must not identify the victim or potential victim and the Department of Human Services and the reporting agency shall maintain the confidentiality of the report until the report becomes a matter of public record.


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