(1) Where appropriate, an
investigation by the department may include a private interview
with the vulnerable adult regarding the alleged abandonment,
abuse, financial exploitation, neglect, or self-neglect.
(2) In conducting the investigation, the department shall
interview the complainant, unless anonymous, and shall use its
best efforts to interview the vulnerable adult or adults harmed,
and, consistent with the protection of the vulnerable adult shall
interview facility staff, any available independent sources of
relevant information, including if appropriate the family members
of the vulnerable adult.
(3) The department may conduct ongoing case planning and
consultation with: (a) Those persons or agencies required to
report under this chapter or submit a report under this chapter;
(b) consultants designated by the department; and (c) designated
representatives of Washington Indian tribes if client information
exchanged is pertinent to cases under investigation or the
provision of protective services. Information considered
privileged by statute and not directly related to reports
required by this chapter must not be divulged without a valid
written waiver of the privilege.
(4) The department shall prepare and keep on file a report
of each investigation conducted by the department for a period of
time in accordance with policies established by the department.
(5) If the department has reason to believe that the
vulnerable adult has suffered from abuse, neglect, self-neglect,
abandonment, or financial exploitation, and lacks the ability or
capacity to consent, and needs the protection of a guardian, the
department may bring a guardianship action under chapter 11.88 RCW.
(6) When the investigation is completed and the department
determines that an incident of abandonment, abuse, financial
exploitation, neglect, or self-neglect has occurred, the
department shall inform the vulnerable adult of their right to
refuse protective services, and ensure that, if necessary,
appropriate protective services are provided to the vulnerable
adult, with the consent of the vulnerable adult. The vulnerable
adult has the right to withdraw or refuse protective services.
(7) The department may photograph a vulnerable adult or
their environment for the purpose of providing documentary
evidence of the physical condition of the vulnerable adult or his
or her environment. When photographing the vulnerable adult, the
department shall obtain permission from the vulnerable adult or
his or her legal representative unless immediate photographing is
necessary to preserve evidence. However, if the legal
representative is alleged to have abused, neglected, abandoned,
or exploited the vulnerable adult, consent from the legal
representative is not necessary. No such consent is necessary
when photographing the physical environment.
(8) When the investigation is complete and the department
determines that the incident of abandonment, abuse, financial
exploitation, or neglect has occurred, the department shall
inform the facility in which the incident occurred, consistent
with confidentiality requirements concerning the vulnerable
adult, witnesses, and complainants.
[2007 c 312 § 2; 1999 c 176 § 9.]
NOTES:
Findings -- Purpose -- Severability -- Conflict with federal requirements -- 1999 c 176: See notes following RCW 74.34.005.