Section 1240-07-03-.04 - INVESTIGATION OF REPORTS OF ABUSE, NEGLECT, OR EXPLOITATION(1) Investigation of a report of abuse, neglect, or exploitation of an adult as defined under the Adult Protection Act contained in Title 71, Chapter 6, Part 1 of the Tennessee Code Annotated, shall be the responsibility of the Department's Adult Protective Services Division.(2) The process employed by Department staff for investigation and indication of an alleged perpetrator of abuse, neglect and exploitation of an adult under the Adult Protection Act contained in the Investigation Chapter and the Classification Chapter of the Policy and Procedures Manual of the Adult Protective Services Division of the Tennessee Department of Human Services, is incorporated herein by reference. The Policy and Procedures Manual is available to the public on the Department's website at http://www.state.tn.us/humanserv/adfam/aps-manual.pdf [File Link Not Available].(3) In appropriate circumstances, to be determined by the Adult Protective Services Division, the investigation of abuse, neglect, or exploitation of an adult may be conducted in conjunction with the Department's Division of Adult and Child Care Licensing, as well as, but not limited to, other licensing and law enforcement authorities as appropriate.(4) The Report of Abuse, Neglect or Exploitation.(a) A report of abuse, neglect, or exploitation of a particular adult shall include, to the extent available, the following information: 1. For the adult, caretaker (if any), and alleged perpetrator: (i) Name, street address, email address, phone number; (ii) Date of birth and social security number;2. The gender, race, and ethnicity of the adult;3. The nature and extent of the abuse, neglect, or exploitation, including any evidence of previous abuse, neglect, or exploitation;4. The identity of the complainant, if possible; and5. Any other information that the individual believes might be helpful in proving the abuse, neglect, or exploitation.(b) Notification of a report of abuse, neglect or exploitation of an adult shall be made by the Department to the appropriate:1. Law enforcement agency in all cases in which the report involves abuse, neglect or exploitation of the adult by another person or persons; and2. Licensing authority if the report concerns an adult who is, or at the time of the alleged harm was, receiving services from a facility that is required by law to be licensed under Title 63 of the Tennessee Code Annotated.(c) Following an investigation of a report of abuse, neglect, or exploitation of a particular adult, a subsequent allegation of abuse, neglect, or exploitation regarding the same adult shall only constitute a new report requiring investigation and provision of services if the allegation is based upon new information, as specified in subparagraph (4)(a) above, which was not alleged in the prior report.(5) If, upon investigation, a report leads to the indication of a paid caregiver as a perpetrator of abuse, neglect, or exploitation, the Department shall provide a notice to the indicated perpetrator pursuant to 1240-07-03-.05 or 1240-07-03-.06.Tenn. Comp. R. & Regs. 1240-07-03-.04
Chapter 1240-07-03 has been assigned a new control number, removed, and renumbered to Chapter 0250-07-03 filed and effective March 25, 1999. Original rule filed September 20, 2010; effective December 19, 2010.Authority: T.C.A. §§ 4-5-202;71-6-101 et seq.; 71-6-103(a).