049-2 Wyo. Code R. § 2-2

Current through April 27, 2019

Section 2-2 - Intake

(a) All reports of suspected abuse, neglect, exploitation, abandonment, intimidation or self-neglect shall be entered into the Department's data system.

(b) All reports shall be screened to determine whether the allegation meets the statutory definitions of vulnerable adult abuse, neglect, exploitation, abandonment, intimidation or self-neglect. The alleged victim's defined or assumed capacity to consent does not determine if a case should or should not be opened.

(c) The intake process shall include gathering sufficient information to enable the caseworker to:

(i) Identify and locate the vulnerable adult and determine if the adult lives with a caregiver, family member, or individual in a domestic or facility setting or is a vulnerable adult living alone;

(ii) Assess the severity of the situation and consider the urgency of the response; and

(iii) Determine if the report requires contact with an outside agency, and if so, which outside agency should be contacted.

(d) Evidence of a person's advanced age, physical limitations, and/or mental incapacity may be provided by any or all of the following:

(i) Intake caseworker's assessment from information provided by reporter or collateral contacts;

(ii) Information from pre-existing documents such as medical, court, and adult protective services records;

(iii) Information received from a person having credible information or knowledge of the condition of the vulnerable adult; or

(iv) Physician's, psychologist's, mental health professional's, or medical professional's evaluation.

(e) The caseworker shall check records, including the Central Registry, to obtain pertinent information, including past Department involvement with either facility or caregiver, as appropriate.

(f) Reports where criminal charges may be pursued shall be assigned to the investigation track and shall be coordinated with the law enforcement agency.

(g) The Department may notify the local law enforcement agency when a report of abuse, neglect, exploitation, abandonment, intimidation or self-neglect of a vulnerable adult is received and is entered into the Department's data system as an incident for investigation, prevention or assessment. Documentation of the contact to law enforcement shall be provided. The Department shall immediately contact the appropriate law enforcement agency and the district/county attorney for investigation in the following cases:

(i) Death, which may have been the result of abuse and/or neglect;

(ii) Brain damage, bone fracture, extensive burns or other serious bodily injury;

(iii) Sexual assault;

(iv) Exploitation;

(v) Evidence of severe neglect; or

(vi) Any other activity which may constitute a crime or which places the vulnerable adult in imminent danger of death or serious bodily harm.

(h) The Department shall reject the following reports:

(i) The report is not about a vulnerable adult;

(ii) Reports in which the allegations fall outside the definition of abuse, neglect, exploitation, abandonment, intimidation or self-neglect of a vulnerable adult, unless opening as a prevention which does not require a specific allegation;

(iii) Reports in which the reporter cannot provide any credible information or reason to suspect that abuse, neglect, exploitation, abandonment, intimidation or self-neglect has occurred or is occurring to a vulnerable adult, unless assigned to the prevention track;

(iv) Reports in which insufficient information is given to identify or locate the vulnerable adult;

(v) Reports of a malicious nature as established by specific credible evidence; and

(vi) Reports in which the Department has previously received a report on the same incident and documented verification that services are being provided to the vulnerable adult.

(i) Reports shall be rejected at the supervisory level and documented in the Department's data system.

(j) Reports not rejected shall be accepted for prevention, assessment or investigation. The assessment tracks and prevention tracks are designed for cases of self-neglect and cases in which evaluation and intervention is indicated.

(k) The Department shall advise providers and case managers of Medicaid waiver services if a case is to be opened or not per a federal mandate.

049-2 Wyo. Code R. § 2-2