22VAC40-740-10. 정의.

이 장에서 사용되는 다음 단어와 용어는 문맥상 달리 명시되지 않는 한 다음과 같은 의미를 갖습니다:

"Abuse" means the willful infliction of physical pain, injury or mental anguish or unreasonable confinement.

"Adult" means any person in the Commonwealth who is abused, neglected, or exploited, or is at risk of being abused, neglected, or exploited; and is 18 years of age or older and incapacitated, or is 60 years of age and older.

"Adult protective services" means the receipt, investigation and disposition of complaints and reports of adult abuse, neglect, and exploitation of adults 18 years of age and over who are incapacitated and adults 60 years of age and over by the local department of social services. Adult protective services also include the provision of casework and care management by the local department in order to stabilize the situation or to prevent further abuse, neglect, and exploitation of an adult at risk of abuse, neglect and exploitation. If appropriate and available, adult protective services may include the direct provision of services by the local department or arranging for home-based care, transportation, adult day services, meal service, legal proceedings, alternative placements and other activities to protect the adult and restore self-sufficiency to the extent possible.

"Collateral" means a person whose personal or professional knowledge may help confirm or rebut the allegations of adult abuse, neglect or exploitation or whose involvement may help ensure the safety of the adult.

"성년후견인(" )이란 금치산자의 재산 및 재정 문제를 관리할 책임이 있는 법원이 선임한 사람을 의미하며, 문맥상 명백히 드러나는 경우 "한정후견인" 또는 "임시후견인을 포함합니다."

"부서" 는 버지니아주 사회복지부를 의미합니다.

"Director" means the director or his delegated representative of the department of social services of the city or county in which the adult resides or is found.

"Disposition" means the determination of whether or not adult abuse, neglect or exploitation has occurred.

"문서화" 는 주장, 사실 및 증거와 관련된 정보 및 자료(서면 또는 기타 형태)를 의미합니다.

"Exploitation" means the illegal use of an incapacitated adult or his resources for another's profit or advantage. This includes acquiring an adult's resources through the use of the adult's mental or physical incapacity, the disposition of the incapacitated adult's property by a second party to the advantage of the second party and to the detriment of the incapacitated adult, misuse of funds, acquiring an advantage through threats to withhold needed support or care unless certain conditions are met, or persuading an incapacitated adult to perform services including sexual acts to which the adult lacks the capacity to consent.

"Guardian" means a person who has been legally invested with the authority and charged with the duty of taking care of the person and managing his property and protecting the rights of the person who has been declared by the circuit court to be incapacitated and incapable of administering his own affairs. The powers and duties of the guardian are defined by the court and are limited to matters within the areas where the person in need of a guardian has been determined to be incapacitated.

"Guardian ad litem" means an attorney appointed by the court to represent the interest of the adult for whom a guardian or conservator is requested. On the hearing of the petition for appointment of a guardian or conservator, the guardian ad litem advocates for the adult who is the subject of the hearing, and his duties are usually concluded when the case is decided.

"Incapacitated person" means any adult who is impaired by reason of mental illness, mental retardation, physical illness or disability, advanced age or other causes to the extent that the adult lacks sufficient understanding or capacity to make, communicate or carry out reasonable decisions concerning his or her well-being. This definition is for the purpose of establishing an adult's eligibility for adult protective services and such adult may or may not have been found incapacitated through court procedures.

"비자발적 보호 서비스" 는 보호 서비스가 필요하다고 판단되고 필요한 보호 서비스를 받는 데 동의할 능력이 없다고 판결된 성인을 위해 법원이 승인한 서비스를 의미합니다.

"Lacks capacity to consent" means a preliminary judgment of a local department of social services social worker that an adult is unable to consent to receive needed services for reasons that relate to emotional or psychiatric problems, mental retardation, developmental delay, or other reasons which impair the adult's ability to recognize a substantial risk of death or immediate and serious harm to himself. The lack of capacity to consent may be either permanent or temporary. The worker must make a preliminary judgment that the adult lacks capacity to consent before petitioning the court for authorization to provide protective services on an emergency basis pursuant to § 63.2-1609 of the Code of Virginia.

"Legally incapacitated" means that the person has been adjudicated incapacitated by a circuit court because of a mental or physical condition which renders him, either wholly or partially, incapable of taking care of himself or his estate.

"법적 금치산자(" )는 자신의 신상을 돌보거나 재산을 관리할 수 없는 정신적 질환으로 인해 순회 법원에서 금치산자 판결을 받은 사람을 의미합니다.

"정당한 이익" 은 버지니아 주법 § 63.2-104 에 정의된 정보에 접근할 수 있는 법적, 입증된 권리를 의미합니다.

"지역 부서" 는 버지니아 주에 있는 모든 지역 사회복지 부서를 의미합니다.

"Mandated reporters" means those persons who are required to report pursuant to § 63.2-1606 of the Code of Virginia when such persons have reason to suspect that an adult is abused, neglected, or exploited or is at risk of adult abuse, neglect, or exploitation.

"Mental anguish" means a state of emotional pain or distress resulting from activity (verbal or behavioral) of a perpetrator. The intent of the activity is to threaten or intimidate, cause sorrow or fear, humiliate, change behavior or ridicule. There must be evidence that it is the perpetrator's activity that has caused the adult's feelings of pain or distress.

"Neglect" means that an adult is living under such circumstances that he is not able to provide for himself or is not being provided such services as are necessary to maintain his physical and mental health and that the failure to receive such necessary services impairs or threatens to impair his well-being. However, no adult shall be considered neglected solely on the basis that such adult is receiving religious nonmedical treatment or religious nonmedical nursing care in lieu of medical care, provided that such treatment or care is performed in good faith and in accordance with the religious practices of the adult and there is written or oral expression of consent by that adult. Neglect includes the failure of a caregiver or another responsible person to provide for basic needs to maintain the adult's physical and mental health and well-being, and it includes the adult's neglect of self. Neglect includes, but is not limited to:

1. The lack of clothing considered necessary to protect a person's health;

2. 특별한 식단이 필요한 성인에게 적절한 음식을 제공하지 못하는 등 신체적 부상을 예방하거나 생명을 유지하는 데 필요한 음식이 부족한 경우;

3. Shelter that is not structurally safe; has rodents or other infestations which may result in serious health problems; or does not have a safe and accessible water supply, safe heat source or sewage disposal. Adequate shelter for an adult will depend on the impairments of an adult; however, the adult must be protected from the elements that would seriously endanger his health (e.g., rain, cold or heat) and could result in serious illness or debilitating conditions;

4. Inadequate supervision by a caregiver (paid or unpaid) who has been designated to provide the supervision necessary to protect the safety and well-being of an adult in his care;

5. The failure of persons who are responsible for caregiving to seek needed medical care or to follow medically prescribed treatment for an adult, or the adult has failed to obtain such care for himself. The needed medical care is believed to be of such a nature as to result in physical and/or mental injury or illness if it is not provided;

6. Medical neglect includes, but is not limited to, the withholding of medication or aids needed by the adult such as dentures, eye glasses, hearing aids, walker, etc. It also includes the unauthorized administration of prescription drugs, over- or under-medicating, and the administration of drugs for other than bona fide medical reasons, as determined by a licensed health care professional; and

7. Self-neglect by an adult who is not meeting his own basic needs due to mental and/or physical impairments. Basic needs refer to such things as food, clothing, shelter, health or medical care.

"Notification" means informing designated and appropriate individuals of the local department's action and the individual's rights.

"증거의 우세" 는 전체적인 증거가 사실들이 그렇지 않은 것보다 더 가능성이 높고 신뢰할 수 있음을 보여주는 것을 의미합니다. 반대 측에서 제시한 증거보다 더 큰 비중을 차지하거나 더 설득력 있는 증거입니다.

"Report" means an allegation by any person that an adult is in need of protective services. The term "report" shall refer to both reports and complaints of abuse, neglect, and exploitation of adults. The report may be made orally or in writing to the local department or by calling the Adult Protective Services Hotline.

"Service plan" means a plan of action to address the service needs of an adult in order to protect the adult, to prevent future abuse, neglect or exploitation, and to preserve the autonomy of the adult whenever possible.

"Unreasonable confinement" means the use of restraints (physical or chemical), isolation, or any other means of confinement without medical orders, when there is no emergency and for reasons other than the adult's safety or well-being or the safety of others.

"Valid report" means the local department of social services has evaluated the information and allegations of the report and determined that the local department shall conduct an investigation because all of the following elements are present:

1. 피해자로 추정되는 성인은 60 만 18세 이상이거나 18 만 18세 이상이며 무능력한 상태입니다;

2. 해당 성인을 찾을 수 있는 충분한 신원 정보를 가진 특정 성인이 있습니다;

3. 학대, 방임 또는 착취 또는 학대, 방임 또는 착취의 위험이 있는 상황.

4. 신고를 접수하는 현지 부서는 22VAC40-740-21 에 설명된 대로 현지 관할 부서입니다.

"자발적 보호 서비스" 는 학대, 방임 및 착취 위험에 처한 성인의 추가 학대, 방임 및 착취를 방지하기 위해 지역 부서의 조사 후 보호 서비스가 필요하다고 판단되고 서비스 제공에 동의하는 성인에게 제공되는 서비스를 의미합니다.

22VAC40-740-15. Mandated reporters.

Reports shall be made forthwith by the following persons acting in their professional capacity upon their suspicion that adult abuse, neglect or exploitation has occurred:

1. 버지니아 주법 § 54.1-2503 에 명시된 보건 규제 기관으로부터 면허를 취득하거나 인증을 받은 자 또는 등록된 자(수의사 면허를 취득한 자는 제외).

2. 버지니아 주법 § 54 에 정의된 정신 건강 서비스 제공자.1-2400.1 버지니아 주법.

3. Any emergency medical services personnel certified by the Board of Health pursuant to § 32.1-111.5 of the Code of Virginia, unless such personnel immediately reports the suspected abuse, neglect, or exploitation directly to the attending physician at the hospital to which the adult is transported, who shall make such report forthwith;

4. 성인의 보호자 또는 후견인;

5. 공공 또는 민간 기관 또는 시설에 고용되거나 계약을 맺고 성인과의 업무를 행정적, 지원적 또는 직접적인 돌봄 업무로 수행하는 모든 사람;

6. Any person providing full, intermittent or occasional care to an adult for compensation including, but not limited to, companion, chore, homemaker, and personal care workers;

7. Any law-enforcement officer; and

8. Medical facilities inspectors of the Department of Health. However, medical facilities inspectors are exempt from reporting suspected abuse immediately while conducting federal inspection surveys in accordance with Title XVIII (§ 1846) and Title XIX of the Social Security Act, as amended, of certified nursing facilities as defined in § 32.1-123 of the Code of Virginia. Findings of adult abuse, neglect or exploitation by a medical facilities inspector shall be made known to adult protective services after the exit conference at the facility so that the local department can provide follow up to facility residents who may be at risk of further abuse, neglect or exploitation.

22VAC40-740-50. 성인 보호 서비스 정보 공개.

A. This chapter describes the protection of confidential information including a description of when such information must be disclosed, when such disclosure of the information is at the discretion of the local department, what information may be disclosed, and the procedure for disclosing the information.

B. Department staff having legitimate interest shall have regular access to adult protective services records maintained by the local department.

C. The following agencies have licensing, regulatory and legal authority for administrative action or criminal investigations, and they have a legitimate interest in confidential information when such information is relevant and reasonably necessary for the fulfillment of their licensing, regulatory and legal responsibilities:

1. Department of Mental Health, Mental Retardation and Substance Abuse Behavioral Health and Developmental Services;

2. Virginia Office for Protection and Advocacy;

3. 메디케이드 사기 통제 프로그램을 포함한 법무부 장관실;

4. Department for the Aging;

5. Department of Health, including the Center for Quality Health Care Services and Consumer Protection and the Office of the Chief Medical Examiner;

6. 의료 지원 서비스 부서;

7. 보건 직업학과;

8. 시각 장애인을 위한 부서;

9. 라이선스 프로그램 부서를 포함한 사회복지부;

10. 주 장기요양 옴부즈만 사무소 및 지역 옴부즈만;

11. 법 집행 기관;

12. 건강 검진자;

13. 성인 사망자 검토 팀;

14. Prosecutors; and

15. Any other entity deemed appropriate by the commissioner or local department director that demonstrates a legitimate interest.

D. The local department shall disclose all relevant information to representatives of the agencies identified in subsection C of this section except the identity of the person who reported the abuse, neglect or exploitation unless the reporter authorizes the disclosure of his identity or the disclosure is ordered by the court.

E. The local department shall refer any appropriate matter and all relevant documentation to the appropriate licensing, regulatory or legal authority for administrative action or criminal investigation.

F. Local departments may release information to the following persons when the local department has determined the person making the request has legitimate interest in accordance with § 63.2-104 of the Code of Virginia and the release of information is in the best interest of the adult:

1. Representatives of public and private agencies including community services boards, area agencies on aging and local health departments requesting disclosure when the agency has legitimate interest;

2. A physician who is treating an adult whom he reasonably suspects is abused, neglected or exploited;

3. 성인의 법적으로 지정된 후견인 또는 보호자;

4. A guardian ad litem who has been appointed for an adult who is the subject of an adult protective services report;

5. A family member who is responsible for the welfare of an adult who is the subject of an adult protective services report;

6. An attorney representing a local department in an adult protective services case;

7. 사회보장국; 또는

8. Any other entity that demonstrates to the commissioner or local department director that legitimate interest is evident.

G. Local departments are required to disclose information under the following circumstances:

1. 법원에서 공개를 명령한 경우;

2. When a person has made an adult protective services report and an investigation has been completed; or

3. 정부 데이터 수집 및 보급 관행법(§ 2.2-3800 이하 버지니아주 법규)에 따라 정보에 대한 액세스 요청이 이루어진 경우.

H. 다음 특정 정보의 일부 또는 전부는 현지 부서의 재량에 따라 이 섹션의 F항에 명시된 기관 또는 개인에게 공개될 수 있습니다:

1. 정보 요청의 대상이 되는 성인의 이름, 주소, 나이, 인종 및 성별;

2. 학대, 방임 또는 착취를 저지른 것으로 추정되는 사람의 이름, 주소, 나이, 인종, 성별;

3. Description of the incident or incidents of abuse, neglect, or exploitation;

4. Description of medical problems to the extent known;

5. Disposition of the adult protective services report; and

6. 성인의 보호 서비스 요구 사항.

I. The identity of the person who reported the suspected abuse, neglect or exploitation shall be held confidential unless the reporter authorizes the disclosure of his identity or disclosure is ordered by the court.

J. 이 섹션의 G항에 따라 기밀 정보를 수신하는 기관 또는 개인은 현지 부서에 다음과 같은 보증을 제공해야 합니다:

1. 정보를 요청하는 목적은 성인을 위한 서비스 계획의 보호 서비스 목표와 관련이 있습니다;

2. 정보는 제공된 목적으로만 사용됩니다.

3. 해당 정보는 법률에 의해 공개가 요구되는 경우를 제외하고는 정보를 받는 부서 또는 개인이 기밀로 유지합니다.

K. 보증을 받는 방법. 다음 방법 중 하나를 사용하여 이 섹션의 하위 섹션 J에 필요한 보증을 받을 수 있습니다:

1. Agreements between local departments and other community service agencies that provide blanket assurances required in subsection J of this section for all adult protective services cases; or

2. State-level agreements that provide blanket assurances required in subsection C of this section for all adult protective services cases.

L. Notification that information has been disclosed. When information has been disclosed pursuant to this chapter, notice of the disclosure shall be given to the adult who is the subject of the information or to his legally appointed guardian. If the adult has given permission to release the information, further notification shall not be required.