10 Guam Code Ann. § 21007
Terms Used In 10 Guam Code Ann. § 21007
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
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The Bureau shall:
(a) Receive on a twenty-four (24) hour, seven (7) days a week basis all reports, both oral and written, of suspected elderly or adult with a disability abuse in accordance with this Article and the regulations of the Department.
(b) Investigate and evaluate the information in the reports, either through its own investigators or through investigators of other authorized agencies.
(1) The investigation and evaluation shall be made within twenty-four (24) hours if the Bureau has reasonable cause to believe the adult’s health or safety is in imminent danger from further abuse, and within seven (7) days for all other such reports.
(2) The investigation shall include a visit to the facility or residence, an interview with the adult allegedly abused, a determination of the nature, extent and cause or causes of the abuse, the identity of the person or persons responsible for the abuse, and all other pertinent facts.
(3) The investigation shall be completed within thirty (30) days.
(4) If the investigating social worker of the Bureau or other authorized investigating agency determines that it is appropriate, the social worker may request a law enforcement officer to accompany and assist the worker in the investigation.
(5) No social worker of the Bureau or other authorized investigating agency shall enter the home of any individual pursuant to the provisions of this Article without the consent of the individual, unless authorized pursuant to Subsection (c) of § 2957 of this Article.
(c) Determine within sixty (60) days whether the report is substantiated or unsubstantiated.
(1) If the assessment results in determination that the elderly or adult with a disability has suffered serious
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abuse as defined in § 2951, report such determination to the Attorney General within forty-eight (48) hours.
(2) The Attorney General shall investigate and decide whether to initiate criminal proceedings.
(d) Develop a coordinated system of protective services to prevent further abuses to adults and to provide or arrange for and monitor the provision of those services necessary to safeguard and ensure the adult’s well-being and development, and preserve and stabilize family life wherever appropriate.
(e) Make available, among its services for the prevention and treatment of elderly and adult with a disability abuse, through authorized individuals and through inter- agency and intra-agency assistance and cooperation, instruction in caring for elderly and adults with a disability, protective and preventive social care, and emergency shelter care.
(f) Appoint a Multi-Disciplinary Team (MDT) for the purpose of providing case consultation, interagency treatment strategies and collaborative planning to address complex cases and service gaps involving an elderly or adult with a disability who is a victim of abuse and/or neglect.
(1) The MDT may include, but is not limited to, a Bureau of Adult Protective Services social worker, a representative of a law enforcement agency, Guam Police Department, the medical profession, a mental health agency, the hospital, the public guardian, a representative of any private or government social service agency or advocacy office, Guam Legal Services Corporation, and a representative of the Mayors’ Council of Guam.
(2) The MDT shall document all actions and efforts in addressing the needs of the client.
(g) Functions of the Bureau are subject to the appropriation of funding and allocation of personnel sufficient to carry out the operations of the Bureau.
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SOURCE: Added by P.L. 19-054:1 (Jan. 30, 1989); subsection (c) amended by P.L. 21-033:14; subsection (f) added by P.L. 21-033:15. Amended by P.L. 31-278:6 (Dec. 28, 2012).
2017 NOTE: Subsection/subitem designations altered/added pursuant to the authority of 1 Guam Code Ann. § 1606.