Wyo. Code R. 049-0002-2
Chapter 2: Reports of Suspected Adult Abuse/Neglect/Exploitation/Abandonment Etc.
Effective Date: 08/13/1998 to 11/04/2003
Rule Type: Superceded Rules & Regulations
Reference Number: 049.0002.2.08131998
DEPARTMENT OF FAMILY SERVICES ADULT PROTECTIVE SERVICES
ABANDONMENT OF ADULTS WHO ARE DISABLED
Section 1. Reporting Suspected Abuse, Neglect, Exploitation or Abandonment of Adults who are disabled.
(a) Reports of suspected abuse, neglect, exploitation or abandonment of an adult thought to be disabled shall be made to any field office of the Department, or to any law enforcement officer at any time of day or night, and on any day of the week.
(i) The Department's field office manager or designee shall notify law enforcement as appropriate when a report is received of suspected abuse or neglect of an adult who is disabled including self-neglect. Reported incidents may be investigated by the appropriate law enforcement office, and/or the Department's adult protective services trained workers.
(ii) When a law enforcement officer investigates suspected acts of physical abuse or neglect of an adult thought to be disabled, an assigned adult protective services worker within the Department may assist the law enforcement officer with assessing the service and treatment needs of the victim. The adult protective services worker may coordinate needed services and assist the law enforcement officer when requested (e.g., interviewing other significant individuals).
(iii) The adult protective services worker may use law enforcement investigative reports to substantiate the physical abuse or neglect of an adult thought to be disabled.
(iv) The adult protective services worker shall initiate an investigation within 24 hours of intake to:
(A) Determine whether the subject is an adult who is disabled. Evidence of physical and/or mental incapacity shall be provided by any or all of the following:
(I) Adult protective services worker's observations.
(II) Information from pre-existing documents such as medical, court, and adult protective services records.
(III) Information received from a reliable person having first-hand knowledge of the condition of the adult who is thought to be disabled.
(IV) Physician's or psychologist's evaluation.
(B) Determine whether or not a caretaker may be identified and, if so, determine whether the caretaker is causing the abuse, neglect, abandonment or exploitation of the adult thought to be disabled or working to remedy said conditions. The Department shall investigate all adult protective services referrals that fall within the statute including those of self-neglect and when the caretaker is a care facility or institution.
(C) If access to the adult thought to be disabled is denied to the sheriff's department, police department or the Department seeking to investigate a report of abuse, neglect, exploitation or abandonment of an adult thought to be disabled, the investigator may seek an injunction to prevent interference with the investigation.
(D) If the report is substantiated, evaluate the case for needed services. The adult protective services worker shall explain the services which can be provided and shall explain that the disabled adult has the right to accept or reject services. If appropriate, the individual will be referred for services according to the least restrictive services within the continuum of care in each respective community.
(I) If the adult protective services worker makes a determination that an adult who is disabled lacks the capacity to accept or reject services, the adult protective services worker will, petition the county/district attorney or the Attorney General's office for the appointment of a guardian.
(II) The Department cannot serve as guardian.
(E) Substantiated reports of abuse, neglect, exploitation or abandonment of an adult who is disabled pursuant to this act shall be maintained within the central registry under W.S. 14-3-213. Exceptions shall be:
(I) Cases of self-neglect shall be submitted as substantiated, but shall not be entered on the central registry.
(II) The adult protective services worker shall have the authority with approval of his/her supervisor to classify a case as a minor incident. A case classified as a minor incident shall not be entered on the central registry. Cases assessed as minor incidents should be documented on an intake form, through case narrative and recorded onto the Department's data system for record keeping and statistical purposes.
(III) Cases in which the perpetrator is a minor shall be substantiated but shall not be entered on the central registry unless the minor is prosecuted as an adult.
Section 2. Content of Adult Abuse, Neglect, Exploitation or Abandonment Reports. The Department intake worker shall attempt to secure the following information from the reporter:
(a) Family composition, including the name, age, sex, social security number and address of the adult named in the report and any other person in the alleged victim's environment.
(b) Name, age, sex, race, social security number and address of the alleged caretaker, if any, and his/her relationship to the adult subject.
(c) The physical and/or mental harm, neglect, exploitation or abandonment of the involved adult and an assessment of the adult's present physical, mental and environmental condition. This assessment should include information concerning any previous incidents of suspected abuse, neglect, exploitation or abandonment.
(d) The reporter’s name and relationship to the adult, actions taken by the reporter, where the reporter can be reached and other information the reporter believes will be of assistance. Anonymous reports will be accepted. The information shall be recorded on the required Department form. The reporter shall be notified of the Department’s action on the case.
Section 3. Special Reports. The following reports shall receive special attention:
(a) The field office staff shall immediately contact the appropriate coroner, the local law enforcement agency, the county/district attorney and region manager when there is reasonable cause to suspect an adult has died as a result of abuse, neglect, exploitation or abandonment by a caretaker.
(i) The region manager shall inform the Administrator of the Programs and Policy Division of the Department.
(ii) In addition to the investigation, the case shall be reviewed by the Department’s Regional Fatality Review Team. The membership of the Fatality Review Team is at the region manager’s discretion. The findings of the Regional Review Team will be provided to the Administrator of the Programs and Policy Division of the Department.
(b) The field office adult protective services worker shall promptly inform the Department’s Adult Protective Services State Program Consultant or designee of reports from any source alleging abuse, neglect, exploitation or abandonment of disabled adults in hospitals, nursing homes, or boarding homes. The following procedure must be used in addition to procedures outlined in Chapter 3 of these rules:
(i) Notify the Department’s Adult Protective Services State Program Consultant of allegations within 24 hours or the next working day if the report is received on a weekend or holiday.
(ii) The Adult Protective Services State Program Consultant and the appropriate Department of Health official will determine if the allegations constitute a licensing standard violation.
(iii) If the allegation is determined to be only a licensing or certification violation, the appropriate Department of Health official shall be notified of the allegation and requested to conduct an investigation pursuant to that agency’s policy and procedure.
(iv) If a determination is made that the allegation is not clearly a licensing standard violation, the Department’s Adult Protective Services State Program Consultant shall notify the field office manager to conduct an investigation using procedures outlined in Chapter 3 of these rules. When allegations lack clarity of issues, joint investigations with licensing surveyors are encouraged.
(c) The field office shall investigate as described in Chapter 3 of these rules reports from any source alleging abuse, neglect, exploitation or abandonment of a disabled adult in an adult developmentally disabled center. Written reports shall be provided to:
(i) The adult developmentally disabled center director.
(ii) The administrator of the Division of Developmental Disabilities in the Depart- ment of Health or designee.
(iii) The Department's Adult Protective Services State Program Consultant.
(d) The field office manager shall investigate reports from any source alleging abuse, neglect, exploitation or abandonment of disabled adults in state institutions as described in Chapter 3 of these rules. Written reports shall be provided to:
(i) The superintendent of the institution. (ii) The director of the Department of Health. (iii) The Department's Adult Protective Services State Program Consultant. (iv) The regional representative for the Department of Developmental Disabilities.
Section 4. Referral to County or District Attorney.
The adult protective services worker shall provide the county/district attorney with a written report of substantiated abuse, neglect, exploitation or abandonment of an adult who is disabled within 24 hours of such determination unless emergency intervention dictates immediate notification.