Section He-E 701.04 - Protective Investigation Requirements(a) The department shall conduct a protective investigation on each report received, except as described in (b) and (c) below.(b) The department shall not conduct or complete a protective investigation when any of the following apply: (1) The alleged victim does not fall under the reporting requirement described in RSA 161-F:46;(2) The allegation(s) is determined not to meet any of the definitions of abuse, neglect, exploitation or self-neglect contained in RSA 161-F:43;(3) In reports of self-neglect when the alleged victim has died prior to the initiation of the investigation or has died after the initiation of the investigation and the death is not related to, or the result of the allegation;(4) In all other reports of alleged abuse, neglect or exploitation, when the alleged victim has died, and BEAS has determined that the interview with the alleged victim is necessary to the investigation;(5) When the alleged victim cannot be located and the department determines that an interview with the alleged victim is necessary to conduct the investigation;(6) When the report involves an incident or situation of abuse, neglect or exploitation that allegedly occurred 2 or more years ago, and there is no current relationship with the alleged perpetrator;(7) When the report does not include sufficient information to allow an investigation to be conducted under RSA 161-F: 42-57;(8) When the alleged perpetrator: a. Is living in a certified or licensed facility or residence at the time of the alleged incident because other DHHS bureaus would be conducting the investigation; orb. Dies prior to the initiation of the investigation, or after the investigation has been initiated, but before it is completed; or(9) When the report is determined to be frivolous or without factual basis as described in RSA 161-F:46, III.(c) When the report is criminal in nature, and a criminal investigation will be conducted by law enforcement, the department shall not conduct or complete an investigation unless one or more of the following apply: (1) The alleged perpetrator is registry eligible;(2) The investigator has determined that the alleged victim is in need of protective services; or(3) The alleged perpetrator has an ongoing relationship with the alleged victim.N.H. Code Admin. R. He-E 701.04
#5008, eff 11-27-90, EXPIRED: 11-27-96
New. #6867, eff 10-9-98; ss by #8727, INTERIM, eff 10-9-06, EXPIRED: 4-7-07
New. #8868, eff 4-19-07; (See Revision Note at Chapter Heading for He-E 700) #10179, eff 9-1-12