Wyo. Code R. 049-0002-2
Adult Protective Services
Chapter 2: Rpts of Susptd. Adult Abuse of Disabled Adult
Effective Date: 07/12/1994 to 08/13/1998
Rule Type: Superceded Rules & Regulations
Reference Number: 049.0002.2.07121994
DEPARTMENT OF FAMILY SERVICES ADULT PROTECTIVE SERVICES
Section 1. Reporting Suspected Abuse, Neglect, Exploitation or Abandonment of Disabled Adults.
(a) Reports of suspected abuse, neglect, exploitation or abandonment of an adult thought to be disabled shall be made to any county/district 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 county/district office shall notify the appropriate law enforcement office when a report is received of suspected physical abuse or neglect of a disabled adult.
(ii) When a law enforcement officer investigates suspected acts of physical abuse or neglect of a disabled adult, 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 a disabled adult.
(iv) The adult protective services worker shall initiate an investigation within 24 hours:
(A) Determine whether the subject is a disabled adult. 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 service records.
(III) Information received from a reliable person having first-hand knowledge of the disabled adult's condition.
(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 a disabled adult or working to remedy said conditions. The Department shall not refuse to investigate adult protective service referrals solely on the basis that no caretaker is identified.
(C) If the report is substantiated, evaluate the case for appropriate 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 a disabled adult lacks the capacity to accept or reject services, the adult protective services worker will petition the public guardian, county/district attorney or the Attorney General's office for a guardian.
The Department report taker shall attempt to secure the following information from the reporter:
(a) Family composition, including the name, age, sex, adult protective services 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, 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 to, neglect, exploitation or abandonment of the involved adult and an estimation of the adult's present physical, mental and environmental condition. This estimation should include information concerning any previous incidents of suspected adult 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 and the reporter notified of the Department's action on the case.
Section 3. Special Reports. The following reports shall receive special attention:
(a) The county/district office staff shall immediately contact the appropriate coroner, the local law enforcement agency and the county/district attorney when there is reasonable cause to suspect that an adult has died as a result of abuse, neglect, exploitation or abandonment by a caretaker.
(b) The county/district adult protective services worker shall promptly inform the Department's Adult Protective Services State Program Manager 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:
(i) Notify the Department's Adult Protective Services State Program Manager 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 Manager 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 a licensing standard violation, the appropriate Department of Health official shall conduct an investigation, pursuant to that agency's policy and procedure.
(iv) If a determination is made that the allegation is not a licensing standard violation, the Department's Adult Protective Services State Program Manager shall notify the county/district manager to conduct an investigation using procedures outlined in Chapter III of these rules.
(c) Reports from any source alleging abuse, neglect, exploitation or abandonment of a disabled adult in an adult developmentally disabled center shall cause the county/district to initiate an investigation using procedures described in Chapter III of these rules and provide a written report to:
(i) The adult developmentally disabled center director.
(ii) The administrator of the Division of Developmental Disabilities in the Department of Health.
(iii) The Department's Adult Protective Services State Program Manager.
(d) Reports from any source alleging abuse, neglect, exploitation or abandonment of disabled adults in state institutions. The county/district manager shall initiate an investigation using procedures described in Chapter III of these rules and provide a written report to:
(i) The superintendent of the institution.
(ii) The director of the Department of Health.
(iii) The Department's Adult Protective Services State Program Manager.
(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 a disabled adult within 24 hours of such determination unless emergency intervention dictates immediate notification.