(a) By January 1, 2017, the district attorney general of each judicial district shall establish, or cause to be established, a vulnerable adult protective investigative team (VAPIT) for the purpose of:

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Terms Used In Tennessee Code 71-6-125

  • Adult: means a person eighteen (18) years of age or older who because of mental or physical dysfunctioning or advanced age is unable to manage such person's own resources, carry out the activities of daily living, or protect such person from neglect, hazardous or abusive situations without assistance from others and who has no available, willing, and responsibly able person for assistance and who may be in need of protective services. See Tennessee Code 71-6-102
  • Department: means the department of human services. See Tennessee Code 71-6-102
  • Exploitation: means the improper use by a caretaker of funds that have been paid by a governmental agency to an adult or to the caretaker for the use or care of the adult. See Tennessee Code 71-6-102
  • Investigation: includes , but is not limited to, a personal interview with the individual reported to be abused, neglected, or exploited. See Tennessee Code 71-6-102
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Protective services: means services undertaken by the department with or on behalf of an adult in need of protective services who is being abused, neglected, or exploited. See Tennessee Code 71-6-102
  • Self-neglect: means an adult's inability, due to physical or cognitive impairment, including diminished capacity, to provide or obtain services, including medical services, necessary to maintain the adult's own health or welfare. See Tennessee Code 71-6-102
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(1) Coordinating the investigation of suspected instances of abuse, neglect, or exploitation of an adult; and
(2) Receiving and reviewing information generated by the multi-disciplinary adult protective services evaluation teams as established in § 71-1-110.
(b) As determined by the district attorney general, or the district attorney’s designee, the VAPIT shall consist of representatives from within the judicial district, wherever appropriate, of:

(1) The district attorney general, or the district attorney’s designee;
(2) Local law enforcement agencies;
(3) The department‘s adult protective services section; and
(4) Any other entity that the district attorney general, or the district attorney’s designee, determines is necessary for the successful operation of the VAPIT.
(c) Each VAPIT shall:

(1) Meet regularly, as determined by the district attorney general, or the district attorney’s designee; provided, that meetings shall be held at least quarterly; and
(2) Conduct coordinated responses and investigations of instances of suspected abuse, neglect, or exploitation of adults.
(d)

(1) By January 31 of the following year, each district attorney general shall cause to be filed an annual report that summarizes the work of the VAPIT for the previous calendar year with the chairs of the judiciary committee of the senate and the criminal justice committee of the house of representatives. The report may be filed electronically.
(2) By January 31 of each year, the department shall report the following information from the adult protective services program to the chairs of the judiciary committee of the senate and the criminal justice committee of the house of representatives:

(A) The number of reports received for investigation by type, such as emotional abuse, physical abuse, sexual abuse, neglect, self-neglect, and financial exploitation;
(B) The number of reports assigned for investigation by type, such as emotional abuse, physical abuse, sexual abuse, neglect, self-neglect, and financial exploitation;
(C) The number of reports not assigned due to not meeting criteria for adult protective services investigation by type, such as emotional abuse, physical abuse, sexual abuse, neglect, self-neglect, and financial exploitation;
(D) The number of final investigative dispositions of cases obtained in the current reporting year by type of disposition as follows:

(i) Unsubstantiated, closed, no services provided;
(ii) Substantiated, closed, client refused services;
(iii) Substantiated, closed, no services provided; or
(iv) Substantiated, closed, services provided;
(E) Demographic information, including age and gender of clients, in cases that are included in subdivisions (d)(2)(D)(ii)-(iv); and
(F) Relationship to the victim of perpetrators identified in cases that are included in subdivisions (d)(2)(D)(ii)-(iv) and that are not related only to self-neglect.
(e)

(1) Except as otherwise permitted by law, records, reports, and information concerning reports of abuse, neglect, or exploitation of an adult shall be kept confidential among the VAPIT’s members.
(2) Disclosure of the items in subdivision (e)(1) may be made to persons and entities directly involved in the administration of this section, including:

(A) Attorneys, next friends, or other representatives of the adult client who are legally authorized to act in the adult client’s interest;
(B) Representatives of law enforcement;
(C) Grand juries or courts in the exercise of official business;
(D) Members of the VAPIT; and
(E) Persons engaged in bona fide research or audit purposes; provided, that only information in the aggregate without identifying information may be provided for research or audit purposes and confidentiality of the data is maintained.
(3) Unless necessary for the provision of medical, legal, housing, social welfare, or other services, the name of the potential or actual victim or client may only be shared outside of the VAPIT with representatives of law enforcement and organizations devoted to victims’ services or advocacy.
(4) If adequate resources are available, the VAPIT may maintain a database of information about past and ongoing cases; provided, that identifying information about individual victims and clients shall not be accessed by any person outside of the VAPIT.
(5) Identifying information for the person who reports a case of suspected abuse, neglect, or exploitation of an adult shall be kept strictly confidential. The identifying information shall not be disclosed to any person or organization within or without the VAPIT, unless the reporting person expressly consents to disclosure.
(f) Any person participating in good faith in any action or omission authorized or required under this section shall be immune from civil or criminal liability that may result by reason of such action or omission.
(g) Any obligation or duty imposed upon a district attorney general by this section shall be contingent upon the availability of adequate resources.
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