Title 40
Human Services

Chapter 8.5
Health Care for Elderly and Disabled Residents Act

§ 40-8.5-2. Crisis intervention services for adult victims with severe impairments of abuse, neglect and/or exploitation.

(a) As used in this section the terms:

(1) “Adult victim with severe impairments” means:

(i) A person over the age of eighteen (18) who has a disability attributable to a mental or physical impairment, or combination of mental and physical impairments, and results in substantial functional limitations in three (3) or more major life activities;

(ii) Is an alleged victim of abuse, neglect, or exploitation pursuant to § 11-5-12; or assault pursuant to § 11-5-10.2 or 11-5-11 by a caregiver of the victim;

(iii) The adult victim relies on the person believed to have committed the abuse, neglect, and/or exploitation, for assistance in performing three (3) or more major life activities; and

(iv) Crisis intervention services are necessary to ensure the immediate health and safety of the adult victim.

(2) “Crisis intervention services” means the short term provision of health care and residential services in the immediate hours and days following the abuse, neglect, and/or exploitation of an adult victim with severe impairments;

(3) “Major life activities” mean: (i) Mobility; (ii) Self-care; (iii) Communication; (iv) Receptive and/or expressive language; (v) Learning; (vi) Self-direction; (vii) Capacity for independent living; or (viii) Economic self-sufficiency;

(4) “Secretary” means the secretary of the executive office of health and human services; and

(5) “Supportive services” means longer-term support services for an adult victim with severe impairments, and when appropriate, that victim’s family.

(b) After July 1, 2007, local police departments may request the department of behavioral healthcare, developmental disabilities and hospitals provide crisis intervention services for the adult victim with severe impairments when:

(1) Necessary to ensure the immediate health and safety of the adult victim; and

(2) The adult victim with severe impairments relies on the person believed to have committed the abuse, neglect, and/or exploitation for assistance in performing three (3) or more major life activities;

(3) After the victim is informed of his or her right to refuse crisis intervention and/or supportive services.

(c)(1) If the department of behavioral healthcare, developmental disabilities and hospitals determines that longer-term supportive services are necessary, the victim, and when appropriate that victim’s family, will be referred to the public and private agencies and departments whose supportive services are within its statutory and/or regulatory responsibility, as are needed by the victim.

(2) In developing the supportive services care plan, the adult victim with severe impairments’ rights to self-determination and lifestyle preferences commensurate with his or her needs shall be of prime consideration.

(3) If the adult victim with severe impairments withdraws consent or refuses to accept crisis intervention or supportive services, the services shall not be provided.

(d) The department of human services is hereby authorized to seek federal approval of a state plan amendment to its Title XIX state plan to initiate crisis intervention services and support services for adults who qualify for Title XIX services and are adult victims with severe impairments of abuse, assault, neglect, or exploitation.

(e) The secretary shall recognize the statewide toll-free, twenty-four-hour-a-day (24), seven-day (7) quality-assurance hotline operated by the department of behavioral healthcare, developmental disabilities and hospitals, and authorized pursuant to § 40.1-26-10, for the use of the general public to report abuse, neglect, and exploitation and/or request crisis intervention and/or supportive services for adult victims with severe impairments.