049-2 Wyo. Code R. §§ 2-8 - Service Provision

(a) Protective services may be provided or purchased by the Department to assist vulnerable adults to prevent or terminate abuse, neglect, self-neglect, exploitation, intimidation or abandonment in open cases until no longer needed.

(b) During the initial in-person interview with the vulnerable adult and/or caregiver, family, or individual, the caseworker shall inform them that:

(i) The Department received a report and has a duty to assess the report;

(ii) The Department shall assess the safety of the vulnerable adult; and

(iii) The Department shall refer the report for investigation if needed to protect the vulnerable adult from abuse, neglect, exploitation, intimidation, self-neglect or abandonment.

(c) Costs incurred to furnish protective services may be paid by the Department unless the vulnerable adult is eligible for protective services from another governmental agency or any other source, such as, but not limited to:

(i) Public Health;

(ii) Department of Health, Aging Division;

(iii) Department of Health, Medicaid;

(iv) Department of Health, Division of Mental Health;

(v) Department of Health, Division of Developmental Disabilities; and/or

(vi) A court appoints a guardian or conservator and orders that the costs be paid from the vulnerable adult's estate.

(d) The Department shall assist the vulnerable adult and his/her support system in identifying, locating and accessing services.

(e) Case assessment includes a process of evaluating the vulnerable adult's needs and available services. The caseworker shall refer to those services available from agencies other than the Department which may include, but are not limited to:

(i) Public Health Nurse;

(ii) Department of Health, Aging Division;

(iii) Department of Health, Medicaid;

(iv) Department of Health, Division of Mental Health;

(v) Department of Health, Division of Substance Abuse;

(vi) Department of Health, Developmental Disabilities Division;

(vii) Domestic Violence/Victim Assistance programs;

(viii) Wyoming Guardianship Corporation; and/or

(ix) Community Mental Health and Substance Abuse Centers.

(f) Based on information obtained at intake, the caseworker may seek assistance in the initial assessment by outside persons or agencies such as, but not limited to:

(i) Public health nurse;

(ii) Mental health professional;

(iii) Members of the Adult Protective Services Team, as needed; and/or

(iv) Law enforcement officers.

(g) A written action plan shall be completed by the Department on all cases that remain open for services. The action plan shall include services that are to be provided by the Department and community service agencies to provide for the safety and wellbeing of the vulnerable adult, and any relevant actions to be taken by the vulnerable adult and caregiver, family or individual.

(h) Court-ordered injunction(s). When a vulnerable adult needs protective services and the caregiver, family, or individual refuses to allow the provision of those services, the Department, through the Office of the Attorney General or the district/county attorney, may petition the court for an order pursuant to Wyo. Stat. § 35-20-106 enjoining the caregiver from interfering with the provision of protective/emergency services. If access to the vulnerable adult is denied to law enforcement or the Department seeking to investigate a report of abuse, neglect, exploitation, abandonment, intimidation or self-neglect of a vulnerable adult, the investigator, through the Office of the Attorney General or the district/county attorney, may seek an injunction pursuant to Wyo. Stat. § 35-20-110 to prevent interference with the investigation.

(i) Court-ordered emergency protective services. If an emergency exists and the Department has reasonable cause to believe that a vulnerable adult is at risk for abuse, neglect, self-neglect, exploitation, intimidation or abandonment and lacks the capacity to consent to protective services, the caseworker shall contact the Office of the Attorney General or the district/county attorney to petition the court pursuant to Wyo. Stat. § 35-20-107 for an order for emergency protective services. Emergency protective services may include the vulnerable adult being placed in a hospital or other suitable facility. The court's initial order for emergency protective services shall remain in effect for a period not to exceed seventy-two (72) hours, excluding weekends and holidays. The order may be extended for up to an additional thirty (30) day period if the court finds an extension is necessary to remove the emergency.

(j) If a court places the vulnerable adult in a hospital or other suitable facility pursuant to a petition for emergency protective services from the Office of the Attorney General or district/county attorney, the Department shall immediately notify the person responsible for the care and custody of the vulnerable adult, if known the court's initial order for emergency protective services shall remain in effect for a period not to exceed seventy-two (72) hours, excluding weekends and holidays. Notification shall not be required if the alleged perpetrator is the person responsible for the care and custody of the vulnerable adult unless the court orders the notification.

Notes

049-2 Wyo. Code R. §§ 2-8

Adopted, Eff. 10/5/2023.