76870263.2-1606Virginia Decodedhttps://vacode.org2016Welfare (social Services)Social Services ProgramsAdult ServicesAdult Protective ServicesProtection of aged or incapacitated adults; mandated and voluntary reporting1977, c. 547, § 63.1-55.3; 1984, c. 628; 1986, cc. 448, 487; 1990, c. 308; 1991, c. 33; 1994, c. 891; 1997, c. 687; 1999, c. 749; 2001, c. 191; 2002, c. 747; 2004, cc. 749, 1011; 2008, c. 539; 2009, c. 538; 2012, cc. 803, 835; 2013, cc. 72, 331; 2015, c. 108.McFarland v. VIRGINIA RETIREMENT SERVICESCivil Action No. 3:06CV651477 F. Supp. 2d 7272007-03-06https://www.courtlistener.com/opinion/2430014/mcfarland-v-virginia-retirement-services/ . . . personal care workers. . . . District Court, E.D. VirginiaMcFarland v. VIRGINIA RETIREMENT SERVICESCivil Action No. 3:06CV651477 F. Supp. 2d 7272007-03-06https://www.courtlistener.com/opinion/2430014/mcfarland-v-virginia-retirement-services/ . . . personal care workers. . . . District Court, E.D. Virginiahttp://law.lis.virginia.gov/vacode/63.2-1606/2.2-4026Right, forms, venue; date of adoption or readoption for purposes of appeal/2.2-4026/32.1-123Definitions/32.1-123/32.1-283.5Adult Fatality Review Team; duties; membership; confidentiality; penalties; report; etc/32.1-283.5/32.1-283.6Local and regional adult fatality review teams established; membership; authority; confidentiality; immunity/32.1-283.6//63.2-1606/63.2/III/16/2/63.2-160663.2-1605 Any person licensed, certified, or registered by health regulatory boards listed in § 54.1-2503, with the exception of persons licensed by the Board of Veterinary Medicine;sectionA1A12 Any mental health services provider as defined in § 54.1-2400.1;sectionA2A22 Any emergency medical services provider certified by the Board of Health pursuant to § 32.1-111.5, unless such provider immediately reports the suspected abuse, neglect or exploitation directly to the attending physician at the hospital to which the adult is transported, who shall make such report forthwith;sectionA3A32 Any guardian or conservator of an adult;sectionA4A42 Any person employed by or contracted with a public or private agency or facility and working with adults in an administrative, supportive or direct care capacity;sectionA5A52 Any person providing full, intermittent or occasional care to an adult for compensation, including, but not limited to, companion, chore, homemaker, and personal care workers; andsectionA6A62 Any law-enforcement officer.sectionA7A72Any financial institution staff who suspects that an adult has been exploited financially may report such suspected exploitation to the local department of the county or city wherein the adult resides or wherein the exploitation is believed to have occurred or to the adult protective services hotline. For purposes of this section, financial institution staff means any employee of a bank, savings institution, credit union, securities firm, accounting firm, or insurance company.sectionCC1Any person other than those specified in subsection A who suspects that an adult is an abused, neglected or exploited adult may report the matter to the local department of the county or city wherein the adult resides or wherein the abuse, neglect or exploitation is believed to have occurred or to the adult protective services hotline.sectionDD1An employer of a mandated reporter shall not prohibit a mandated reporter from reporting directly to the local department or to the adult protective services hotline. Employers whose employees are mandated reporters shall notify employees upon hiring of the requirement to report.sectionFF1Any person 14 years of age or older who makes or causes to be made a report of adult abuse, neglect, or exploitation that he knows to be false shall be guilty of a Class 4 misdemeanor. Any subsequent conviction of this provision shall be a Class 2 misdemeanor.sectionGG1Any person who fails to make a required report or notification pursuant to subsection A shall be subject to a civil penalty of not more than $ 500 for the first failure and not less than $ 100 nor more than $ 1,000 for any subsequent failures. Civil penalties under subdivision A 7 shall be determined by a court of competent jurisdiction, in its discretion. All other civil penalties under this section shall be determined by the Commissioner for Aging and Rehabilitative Services or his designee. The Commissioner for Aging and Rehabilitative Services shall establish by regulation a process for imposing and collecting civil penalties, and a process for appeal of the imposition of such penalty pursuant to § 2.2-4026 of the Administrative Process Act.sectionHH1Any mandated reporter who has reasonable cause to suspect that an adult died as a result of abuse or neglect shall immediately report such suspicion to the appropriate medical examiner and to the appropriate law-enforcement agency, notwithstanding the existence of a death certificate signed by a licensed physician. The medical examiner and the law-enforcement agency shall receive the report and determine if an investigation is warranted. The medical examiner may order an autopsy. If an autopsy is conducted, the medical examiner shall report the findings to law enforcement, as appropriate, and to the local department or to the adult protective services hotline.sectionII1No person or entity shall be obligated to report any matter if the person or entity has actual knowledge that the same matter has already been reported to the local department or to the adult protective services hotline.sectionJJ1All law-enforcement departments and other state and local departments, agencies, authorities and institutions shall cooperate with each adult protective services worker of a local department in the detection, investigation and prevention of adult abuse, neglect and exploitation.sectionKK1