- Alaska Statutes.
- Title 47. Welfare, Social Services and Institutions
- Chapter 24. Protection of Vulnerable Adults
- Section 15. Action On Reports.
previous: Section 13
. Reports of Abandonment, Exploitation, Abuse, Neglect, or Self-Neglect of Vulnerable Adults in Out-of-Home Care Facilities.
next: Section 16
. Surrogate Decision Makers For Vulnerable Adults.
AS 47.24.015. Action On Reports.
- (a) Upon the department's receipt of a report under AS 47.24.010
that is not transferred under AS 47.24.013
, the department, or its designee, shall promptly initiate an investigation to determine whether the vulnerable adult
who is the subject of the report suffers from abandonment, exploitation, abuse, neglect, or self-neglect. The
department, or its designee, shall conduct a face-to-face interview with the subject of the report unless that person
is unconscious or the department, or its designee, has determined that a face-to-face interview could further endanger
the vulnerable adult.
- (b) After the department conducts an investigation under (a) of this section, the department shall prepare a written
report of the investigation, including findings, recommendations, and a determination of whether and what kind of
supportive or protective services are needed by and are to be offered to the vulnerable adult. After the department's
designee conducts an investigation under (a) of this section, the designee shall prepare a written report of the
investigation, including findings, recommendations, and a proposed determination of whether and what kind of supportive
or protective services are to be offered to the vulnerable adult. The department shall prepare, and attach to the
designee's report, a final determination regarding services to be offered to the vulnerable adult.
- (c) The department, or its designee, shall immediately terminate an investigation under this section upon the request of
the vulnerable adult who is the subject of the report made under AS 47.24.010
. However, the department or its designee may not terminate the investigation if the investigation to that point has
resulted in probable cause to believe that the vulnerable adult is in need of protective services and the request is
made personally by the vulnerable adult and the vulnerable adult is not competent to make the request on the adult's
own behalf, or the request is made by the vulnerable adult's guardian, attorney-in-fact, or surrogate decision maker
and that person is the alleged perpetrator of the abandonment, exploitation, abuse, or neglect of the vulnerable adult
and is being investigated under this chapter. If the department has probable cause to believe that the vulnerable adult
is in need of protective services,
- (1) the department may petition the court as set out in AS 47.24.019;
- (2) the department or its designee may refer the report made to the department under AS 47.24.010 to a police officer for criminal investigation; or
- (3) in cases involving fraud, the department or its designee may refer the report made to the department under AS 47.24.010 to the office of public advocacy for investigation; in this
paragraph, "fraud" has the meaning given in AS 44.21.415 .
- (d) Upon request, a person who made a report to the department under AS 47.24.010
regarding a vulnerable adult shall be notified of the status of the investigation conducted under (a) of this section
regarding that vulnerable adult.
- (e) A person may not bring an action for damages based on a decision under this section to offer or not to offer
protective services to a vulnerable adult.
- (f) A person may not bring an action for damages based on the provision of protective services under this section unless
the action is based on gross negligence or intentional misconduct. The damages awarded in an action under this section
may include only direct economic compensatory damages for personal injury.
- (g) If an investigation under this section shows reasonable cause to believe that a certified nurse aide has committed
abuse, neglect, or misappropriation of property, the department shall report the matter to the Board of Nursing.
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