Current through Vol. 24-19, November 1, 2024
Section R. 14.25 - Notification to county prosecutor; determining county of contactRule 25. The financial institution shall use the following sequential steps to determine the appropriate prosecutor to contact:
(a) Contact adult protective services or law enforcement as follows:(i) To contact adult protective services, a financial institution shall call the 24-hour intake telephone line maintained by the department of health and human services to contact adult protective services to provide notification under the act. If adult protective services develops other contact methods, utilizing those contact methods complies with these rules.(ii) To contact law enforcement, if the victim's county of residence is known, the financial institution shall contact law enforcement in the county of the victim's residence. If the victim's county of residence is unknown, the financial institution shall contact law enforcement in the county in which the alleged covered financial exploitation was observed, or in the county where the financial institution is located if the alleged covered financial exploitation took place in another state. The financial institution may also contact law enforcement in the county in which the alleged covered financial exploitation is observed, regardless of the victim's county of residence, if the alleged covered financial exploitation is actively taking place on-site at the financial institution. (A) The financial institution shall contact law enforcement by calling the central dispatch office in the county in which law enforcement is to be notified, or by making a written report if the central dispatch office has the capability to accept written reports as follows: (1) The financial institution shall dial 911 to contact central dispatch if the matter is determined to be an emergency by the financial institution, or if the alleged covered financial exploitation is actively taking place on-site at the financial institution at the time the contact is being made.(2) If the matter is determined not to be an emergency by the financial institution and is not actively taking place on-site at the financial institution, the financial institution shall call the non-emergency telephone number for central dispatch or make a written report if the central dispatch office has the capability to accept written reports. If central dispatch has the capability to accept written reports, the financial institution may make the written report to central dispatch by emailing, faxing, or hand-delivering a written report.(b) Contact the county prosecutor as follows: (i) If the financial institution has been unable to contact adult protective services or law enforcement to provide notification under the act, the financial institution shall determine if the victim's county of residence is known and do 1 of the following: (A) If the victim's county of residence is known, the financial institution shall contact the prosecutor in the county of the victim's residence.(B) If the victim's county of residence is unknown, the financial institution shall contact the prosecutor in the county in which the alleged covered financial exploitation was observed, or in the county where the financial institution is located if the alleged covered financial exploitation took place in another state.(ii) If the financial institution employee has contacted adult protective services, the financial institution shall contact the county prosecutor's office in the county in which the assigned adult protective services employee is stationed, if known by the financial institution. If the financial institution does not know where the adult protective services employee is stationed, the financial institution shall determine if the victim's county of residence is known and do 1 of the following:(A) If the victim's county of residence is known, the financial institution shall contact the prosecutor in the county of the victim's residence.(B) If the victim's county of residence is unknown, the financial institution shall contact the prosecutor in the county in which the alleged covered financial exploitation was observed, or in the county where the financial institution is located if the alleged covered financial exploitation took place in another state.(iii) If the financial institution has contacted law enforcement, the financial institution shall contact the county prosecutor's office in the county in which the assigned law enforcement officer is stationed, if known by the financial institution. If the financial institution does not know where the law enforcement officer is stationed, the financial institution shall determine if the victim's county of residence is known and do 1 of the following: (A) If the victim's county of residence is known, the financial institution shall contact the prosecutor in the county of the victim's residence.(B) If the victim's county of residence is unknown or cannot be determined, the financial institution shall contact the prosecutor in the county in which the alleged covered financial exploitation was observed, or in the county where the financial institution is located if the alleged covered financial exploitation took place in another state.Mich. Admin. Code R. 14.25
2021 MR 20, Eff. 10/28/2021