Virgin Islands APS


1	State	2018 Statute Number	2018 Statute Language
2	Virgin Islands	34 V.I. Code Ann. § 452. Definitions.	The following terms have the meaning set forth in this chapter, unless the context requires otherwise— (a) “Abandonment” means the desertion or willful forsaking of an elder or dependent adult by anyone having care or custody of that person under circumstances in which a reasonable person would continue to provide care and custody. (b) “Abduction” means the removal from the dwelling or the territory or the restraint from returning to the dwelling or the territory, of any elder or dependent adult who does not have the capacity to consent to such removal or restraint, by any conservatee without the consent of the conservator or the court. (c) “Abuse of an elder or dependent adult” means any of the following: (1) Physical, emotional or financial abuse, neglect, abandonment, isolation, abduction, or other treatment resulting in physical or emotional injury, maltreatment, sexual conduct with an elder or dependent adult, or exploitation of an elder or dependent adult by any person; or (2) The deprivation by a care custodian of goods or services that are necessary to avoid physical or emotional injury; or (3) Use of a physical or chemical restraint or psychotropic medication under any of the following conditions: (A) For punishment; (B) For a period beyond that for which the medication was ordered pursuant to the instructions of a physician or surgeon licensed in the Virgin Islands, who is providing medical care to the elder or dependent adult at the time the instructions are given; or (C) For any purpose not authorized by a physician or surgeon. (d) “Adult protective services” means those preventive and remedial activities performed on behalf of elder and dependent adults who are unable to protect their own interests. (e) “Care custodian” means an administrator or an employee of any of the following public or private facilities or agencies, not-for-profit agencies or persons providing care or services for elder and dependent adults, including members of the support staff and maintenance staff: (1) Twenty-four-hour health facilities; (2) Clinics; (3) Home health agencies; (4) Agencies providing publicly funded in-home supportive services, nutrition services, or other home and community-based support services; (5) Adult day health care centers and adult day care; (6) Secondary schools that serve 18 to 22-year-olds and postsecondary educational institutions that serve elder and dependent adults; (7) Independent living centers; (8) Camps, including but not limited to: (A) Alzheimer's Disease day care resource centers; (B) Community care facilities, as defined by the Department of Human Services, and residential care facilities for the elderly or dependent adults; (C) Respite care facilities; (D) Foster homes; (E) vocational rehabilitation facilities and work activity centers; (F) Designated area agencies on aging; (G) Regional centers for persons with developmental disabilities; (9) Territory Department of Human Services and Territory Department of Health Services licensing divisions; (A) District welfare departments; (B) Offices of patients' rights advocates and clients' rights advocates, including attorneys; and (C) Offices of public conservators, public guardians, and court investigators; or (10) Any protection or advocacy established to fulfill the mandates and assurances of the following; (A) The federal Developmental Disabilities Assistance and Bill of Rights Act of 2000, contained in Chapter 144 of Title 42 of the United States Code, for protection and advocacy of the rights of persons with developmental disabilities; and (B) Any other protective, public, sectarian, mental health, or private assistance or advocacy agency or person providing health services or social services to elder and dependent adults. (f) “Caretaker” means any person who has the care, custody, or control of or who stands in a position of trust with an elder or dependent adult. (g) “Caregiver” means a person who provides direct care as for elderly people, or the dependent adult. (h) “Clergy member” means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, synagogue, temple, mosque, or recognized religious denomination or organization. “Clergy member” does not include unpaid volunteers whose principal occupation or vocation does not involve active or ordained ministry in a church, synagogue, temple, mosque, or recognized religious denomination or organization, and who periodically visit elder or dependent adults on behalf of that church, synagogue, temple, mosque, or recognized religious denomination or organization. (i) “Clients' rights advocate” means the individual or individuals assigned by a territorial center or hospital developmental center to be responsible for clients' rights assurance for persons with developmental disabilities. (j) “Dependent adult” means any person between the ages of 18 to 59 who has physical or mental limitations that restrict the person's ability to carry out normal activities or to protect a persons' rights. (k) “Elder” means any person residing in this territory, 60 years of age or older. (l) “Exploitation” means an act or course of conduct to influence or interfere by misrepresentation, coercion or threats of force, whether for monetary, personal, or other benefit, gain or profit. (m) “Financial abuse” or “Financial exploitation/abuse” of an elder or dependent adult means when a person or entity does any of the following: (1) Takes, secretes, appropriates, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud; or (2) Assists in taking, secreting, appropriating, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud. (3) Not limited to fraud, taking money under false pretenses, forgery, forced or coerced property transfers, including use of legal guardianship arrangements or a power of attorney for changing of wills and titles to property, purchasing expensive items with the elder's assets or money without the person's knowledge, or denying the elder access to the elder's own funds or home. (n) “Goods and services necessary to avoid physical harm or mental suffering” include any of the following: (1) The provision of medical care for physical and mental health needs; (2) Assistance in personal hygiene; (3) Adequate clothing; (4) Adequately cooled or heated and ventilated shelter; (5) Protection from health and safety hazards; (6) Protection from malnutrition, under those circumstances where the results include, but are not limited to, malnutrition and deprivation of necessities or physical punishment; and (7) Transportation and assistance necessary to secure any of the needs set forth in subparagraphs (1) through (6). (o) “Health practitioner” means a physician, surgeon, medical examiner, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, licensed clinical social worker or associate clinical social worker, marriage, family, and child counselor, or any other person who is currently licensed under Virgin Islands law, any emergency medical technician I or II, paramedic, or person certified by the Virgin Islands Department of Health, a psychological assistant registered with the Virgin Islands Department of Human Services or the Department of Health, a marriage, family, territory or district public health or social service employee who treats an elder or dependent adult for any condition. (p) “Imminent danger” means an elder or dependent adult being in immediate or impending risk of death or serious physical harm, through either the elder or dependent adult's own action or inaction, or as a result of the action or inaction of another person. (q) “Investigation” means that activity undertaken to determine the validity of a report of elder or dependent adult abuse. (r) “Isolation” means any of the following: (1) Acts intentionally committed for the purpose of preventing, and which serve to prevent, an elder or dependent adult from receiving mail or telephone calls; or (2) Preventing the elder or dependent adult from having contact with family, friends, or concerned persons contrary to the express wishes of the elder or dependent adult. (s) “Long-term care facility” means any of the following: (1) Any long-term health care facility, as defined by the Department of Human Services; (2) Any community care facility, as defined by the Department of Human Services, whether licensed or unlicensed; (3) Any adult day health care facility, as defined by the Department of Health. (4) Any residential care facility for the elderly or dependent adult, as defined by the Department of Human Services. (t) “Mandated reporter” means any person who has assumed full or intermittent responsibility for care or custody of an elder or dependent adult, whether or not that person receives compensation, including administrators, supervisors, and any licensed staff of a public or private facility that provides care or services for elder or dependent adults, or any elder or dependent adult custodian, health practitioner, clergy member, or employee of the Department Human Services or a local law enforcement agency and are required by law to report abuse or neglect of an elder or dependent adult. (u) “Mental suffering” means fear, agitation, confusion, severe depression, or other forms of serious emotional distress that is brought about by forms of intimidating behavior, threats, harassment, or by deceptive acts performed or false or misleading statements made with malicious intent to agitate, confuse, frighten, or cause severe depression or serious emotional distress of the elder or dependent adult. (v) “Multidisciplinary personnel team” means any team of two or more persons who are trained in the prevention, identification, and treatment of abuse of the elder or dependent adults and who are qualified to provide a broad range of services related to abuse of the elder or dependent adults, including: (1) Psychiatrists, psychologists, or other trained counseling personnel; (2) Police officers or other law enforcement agents; (3) Medical personnel with sufficient training to provide health services; (4) Social workers with experience or training in prevention of abuse of elder or dependent adults; (5) Public guardians; and (6) Ombudsmen. (w) “Neglect”/“Self-Neglect” means: (1) The negligence or failure of any person having the care or custody of an elder or dependent adult or a duty to exercise that degree of care that a reasonable person in a like position would exercise; or (2) The negligence or failure of an elder or dependent adult to exercise that degree of self-care that a reasonable person in a like position would exercise, including: (A) Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter; (B) Failure to provide medical care for physical and mental health needs; (C) Failure to protect from health and safety hazards; (D) Failure to prevent malnutrition or dehydration, including prolonged or continual deprivation of food or water; (E) Failure of elder or dependent adults to satisfy the needs specified in paragraphs (A) through (D), inclusive, for themselves as a result of poor cognitive functioning, mental limitation, substance abuse, or chronic poor health; and (x) “Ombudsman” means a representative of the Department of Human Services Division of Protective Services for the Elderly or a government official or patient advocate, appointed by the Commissioner of Human Services whose duties include: (1) receiving and investigating complaints made by individuals against abusive or capricious acts of care providers; (2) determining the validity of reports; (3) referring verified abuse cases to appropriate agencies for further action as necessary; and (4) following up to complete the required report information. (y) “Patient rights advocate” means a person who has no direct or indirect clinical or administrative responsibility for the patient, and who is responsible for ensuring that the applicable laws, regulations, and policies as they pertain to the rights of the patient are observed. (z) “Penitential communication” means a communication that is intended to be in confidence, including, but not limited to, a sacramental confession made to a clergy member who, in the course of the discipline or practice of the clergy members, church, denomination, or organization is authorized or accustomed to hear those communications and under the discipline tenets, customs, or practices of the church, denomination, or organization, has a duty to keep those communications secret. (aa) “Representative” means an individual or entity that is: (1) A conservator, trustee, or other representative in the territory of an elder or dependent adult; or (2) An attorney-in-fact of an elder or dependent adult who acts within the authority of the power of attorney.
3		34 V.I. Code Ann. § 453. Mandated reporter; duties.	(a) Any mandated reporter who, in the mandated reporter's professional capacity, or within the scope of the mandated reporter's employment, has observed or has knowledge of an incident that reasonably appears to be physical abuse, abandonment, abduction, isolation, financial abuse, or neglect, or is told by an elder or dependent adult that he has experienced behavior, including an act or omission, constituting abuse, abandonment, abduction, isolation, financial abuse, or neglect, or reasonably suspects such conduct is taking place, shall report the known or suspected instance of abuse by telephone immediately or as soon as reasonable practicable, and by written report sent within two working days from the date of the reported incident to the Department of Human Services or the local law enforcement agency. (b) (1) Any mandated reporter who has knowledge, or reasonably suspects, that types of elder or dependent adult abuse for which reports are not mandated have been inflicted upon an elder or dependent adult, or that the elder's or dependent adult's emotional well-being is endangered in any other way, shall report the known or suspected instance of abuse to the Department of Human Services. (2) If the conduct involves criminal activity, the mandated reporter or any person shall report it immediately to the appropriate law enforcement agency. (c) When two or more mandated reporters are present and jointly have knowledge or reasonably suspect that types of abuse of an elder or dependent adult for which a report is or is not mandated have occurred, and when there is agreement among them, the telephone report may be made by a member of the team selected by mutual agreement, and a single report may be made and signed by the selected member of the reporting team. Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report. (d) A telephone report of a known or suspected instance of elder or dependent adult abuse must include, the name of the person making the report, and if known, the name and age of the elder or dependent adult, the present location of the elder or dependent adult, the names and addresses of family members or any other person responsible for the elder or dependent adult's care, the nature and extent of the elder or dependent adult's condition, the date of the incident, and any other information, including information that led that person to suspect elder or dependent adult abuse, as requested by the agency receiving the report. (e) The reporting duties under this section are confidential and no supervisor or administrator may impede or inhibit the reporting duties, and no person making the report may be subject to any sanction for making the report. However, internal procedures to facilitate reporting, ensure confidentiality, and apprise supervisors and administrators of reports may be established, if they are not inconsistent with this chapter. (f) Any mandated reporter, administrator or supervisor who: (1) fails to report abuse or neglect of an elder or dependent adult, in violation of this section, is guilty of a misdemeanor, punishable by a fine of not more than $1,000 or not more than six months' imprisonment, or both such fine and imprisonment; or (2) fails to report abuse or neglect of an elder or dependent adult, in violation of this section, when that abuse or neglect results in death or great bodily injury, is guilty of a misdemeanor, punishable by a fine of not more than $5,000 or not more than one year's imprisonment, or both such fine and imprisonment.
4		34 V.I. Code Ann. § 454. Other persons making report.	Any person who is not a mandated reporter under this chapter, who knows, or reasonably suspects, that an elder or dependent adult has been the victim of abuse may report the abuse to a local law enforcement agency.
5		34 V.I. Code Ann. § 455. Evidentiary privileges.	Nothing in this chapter may be construed as requiring an attorney to violate the attorney's oath and duties.
6		34 V.I. Code Ann. § 456. Disclosure; penalties.	(a) The reports required by this chapter are confidential and may be disclosed only as provided in this section. Any violation of the confidentiality required by this chapter is a misdemeanor punishable by a fine of $500 or not less than six month's imprisonment, or both such fine and imprisonment. (b) Reports of suspected elder or dependent adult abuse and information contained in the reports may be disclosed only to the following: (1) Persons or agencies to which disclosure of information or the identity of the reporting party is permitted; (2) (A) Multidisciplinary personnel may disclose to one another information and records that are relevant to the prevention, identification, or treatment of abuse of elder or dependent adults. (B) Any personnel of the multidisciplinary team or agency who receives information under to this chapter, is under the same obligations and subject to the same confidentiality penalties as the person disclosing or providing that information. The information obtained must be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights. (c) (1) Whenever this chapter requires the Department Human Services to report to a law enforcement agency, the law enforcement agency shall, immediately upon request, provide a copy of its investigative report concerning the reported matter to that district of the Department Human Services. (2) Whenever this chapter requires a law enforcement agency to report to the Department Human Services, the Department Human Services shall, immediately upon request, provide to that law enforcement agency a copy of its investigative report concerning the reported matter. (d) This section may not be construed to allow disclosure of any investigative reports or records relevant to the reports if the disclosure would be prohibited by any other provision of territorial or federal law.
7		34 V.I. Code Ann. § 457. Identity of person reporting; confidentiality.	(a) The identity of any person who reports under this chapter is confidential and may be disclosed only among the following agencies or persons representing the agency: (1) The Department Human Services; (2) A licensing agency; (3) A local law enforcement agency; (4) The office of the Attorney General; (5) Department of Health; (6) The probate court; and (7) The Department of Licensing and Consumer Affairs, Division of Investigation. (b) The identity of a person who reports under this chapter may also be disclosed when a person reporting waives confidentiality. (c) Although the identity of the person who reports under this chapter is confidential, any person reporting pursuant to this chapter shall include his name in the report.
8		34 V.I. Code Ann. § 458. Immunity from liability of persons authorized to report abuse; attorney costs.	(a) A care custodian, clergy member, health practitioner, or employee of the Department of Human Services or a local law enforcement agency is not civilly or criminally liable for any report required or authorized by this chapter. (b) Any other person reporting a known or suspected instance of elder or dependent adult abuse does not incur civil or criminal liability as a result of any report authorized by this chapter, unless it can be proven that a false report was made and the person knew that the report was false. (c) A care custodian, clergy member, health practitioner, or an employee of the Department Human Services or a local law enforcement agency may present to the Department of Human Services a claim for reasonable attorney's fees incurred in any action against that person on the basis of making a report required or authorized by this chapter, if the court has dismissed the action to have the other party incur such costs when assessed. The Department of Human Services shall allow the claim if the requirements of this chapter are met, and the claim must be paid from an appropriation from the Public Assistance Fund, established in 34 V.I.C. § 14. Attorneys' fees awarded pursuant to this section may not excee d an hourly rate greater than allowed under 5 V.I.C., § 3503(b) at the time the award is made and may not exceed an aggregate amount of $10,000. This subsection does not apply if a public entity has provided for the defense of the action.
9		34 V.I. Code Ann. § 459. Cross-report to law enforcement agency and licensing agency.	(a) The Department of Human Services, local law enforcement agencies and the ombudsman shall report the results of their investigations, referrals or reports of elder or dependent adult abuse to the respective referring or reporting agencies in the following manner: (1) The Department of Human Services shall, within 24 hours after the reported incident or as soon as practicable, report by telephone to the law enforcement agency having jurisdiction over the case of any known or suspected instance of criminal activity, and to any public agency given responsibility for investigation in that jurisdiction of cases of elder or dependent adult abuse, every known or suspected instance of abuse of an elder or dependent adult. The Department of Human Services shall also send a written report of the alleged incident within two working days from receiving the information concerning the incident to each agency to which it is required to make a telephone report under this subsection. (2) The Police Department or other law enforcement agency shall, within 8 hours or as soon as practicable, report by telephone to the Department of Human Services every known or suspected instance of abuse of an elder or dependent adult. A local law enforcement agency shall also send a written report within two working days after receiving the information concerning the incident to any agency to which it is required to make a telephone report under this subsection. (3) If the Department Human Services or local law enforcement agency or ombudsman receiving a report of known or suspected elder or dependent abuse determines, pursuant to its investigation, that the abuse is being committed by a health practitioner licensed under Virgin Islands law, or by a person purporting to be a licensee, the Department Human Services, Police Department or other law enforcement agency or ombudsman, shall report this information to the appropriate licensing agency within 8 hours after receiving the report, or as soon as practicable. The licensing agency shall investigate the report in light of the potential for physical harm. The transmittal of information to the appropriate licensing agency does not relieve the Department of Human Services, Police Department or other law enforcement agency or the ombudsman of the responsibility to continue its own investigation as required under applicable provisions of law. The information reported under this paragraph must remain confidential and may not be disclosed. (b) Any person may report any instance of abuse, neglect or abandonment occurring in a health care facility which has seriously harmed any patient or reasonably appears to present a serious threat to the health or physical well-being of a patient in that facility. The report must contain information about the circumstances related to the reported neglect but must not identify the victim or potential victim and the Department of Human Services and the reporting agency shall maintain the confidentiality of the report until the report becomes a matter of public record.
10		34 V.I. Code Ann. § 460. Designation of agency to investigate reports; inventory of service agencies to assist victims.	(a) Investigations of reports of known or suspected instances of elder or dependent adult abuse are the responsibility of the Department of Human Services when the following are alleged: (i) emotional abuse; (ii) neglect; (iii) abandonment; (iv) isolation; (v) maltreatment; (vi) exploitation; (vii) deprivation by a care custodian of goods or services necessary to avoid physical or emotional injury; (viii) the use of physical or chemical restraint or psychotropic medication: (A) for punishment; (B) for a period beyond that for which the medication was ordered; or (C) for any purpose not authorized by a physician or surgeon. (ix) physical abuse; (x) financial abuse; (xi) abduction; or (xii) sexual misconduct. (b) The investigative responsibilities set forth in this section are in addition to, and not in derogation of or substitution for, the investigative and regulatory responsibilities of licensing agencies and their authorized representatives. (c) In each district the Department Human Services shall maintain a directory of all public and private service agencies available to assist victims of abuse. This directory must be used to refer victims whenever the Department Human Services cannot resolve the immediate needs of the victim, and to serve the victim on a long-term, follow-up basis.
11		34 V.I. Code Ann. § 461. Guidelines for determining whether investigation is warranted.	(a) The Department of Human Services shall maintain minimum guidelines for use in determining when an investigation of abuse is warranted. (b) The Virgin Islands Police Department shall develop uniform guidelines for local law enforcement assistance with investigations of allegations of abuse to elders and dependent adults. Once developed, the guidelines must remain in effect until modified. Consistent with these guidelines, adult protective services agencies may seek local law enforcement assistance with investigations of allegations of abuse to elder or dependent adult. (c) An interagency task force must be formed to include the following agencies: Department of Human Services, Department of Health, Virgin Islands Police Department, Department of Justice and the Territories Hospitals in such district and other core agencies as deemed necessary.
12		34 V.I. Code Ann. § 462. Training programs.	(a) The Department of Human Services shall offer training programs to local law enforcement and prosecutorial personnel in investigating crimes against elders and dependent adults. (b) The Department of Human Services shall offer training programs in evaluating and documenting instances of criminal abuse against elders and dependent adults to: (1) the Department of Health; (2) district adult protective services agencies; (3) the ombudsmen; and (4) the staff of long-term care facilities, including nursing homes and out-of-home care facilities.
13		34 V.I. Code Ann. § 463. Provision of instructional materials regarding elder and dependent adult abuse and neglect.	The Police Department and the Department of Human Services in conjunction with the Department of Health shall provide organizations with instructional materials regarding elder and dependent adult abuse and neglect and their obligation to report under this chapter. At a minimum, the instructional materials must include the following: (a) An explanation of elder or dependent adult abuse and neglect, as defined in this chapter; (b) Information on how to recognize potential elder or dependent adult abuse and neglect; (c) Information on how reports of known or suspected abuse and neglect are investigated; and (d) Instructions on how to report known or suspected incidents of abuse and neglect, including the appropriate telephone numbers to call and the types of information that would assist with the investigation of the report.
14		34 V.I. Code Ann. § 464. Forms for written abuse reports; contents.	(a) (1) The written abuse reports required for the reporting of abuse, as defined in this chapter, must be submitted on forms adopted by the Department of Human Services after consultation with representatives of the various law enforcement agencies, the Department of Health, professional medical and nursing agencies, hospital associations and district welfare agencies. The Department of Human Services and the ombudsman programs shall distribute these reporting forms. The reporting form may also be used for documenting the telephone report of a known or suspected instances of abuse of an elder or dependent adult by the Department of Human Services, ombudsman program, and local law enforcement agencies. (2) The forms required by this section must contain all of the following items: (A) The name, address, telephone number, and occupation of the person reporting; (B) The name and address of the victim; (C) The date, time, and place of the incident; (D) Other details, including the reporter's observations and beliefs concerning the incident; (E) Any document relating to the incident made by the victim; (F) The name of any individuals believed to have knowledge of the incident; and (G) The name of the individuals believed to be responsible for the incident and their connection to the victim. (b) (1) Each district of the Department Human Services shall report to the Commissioner of the Department of Human Services monthly on the reports received under to this chapter. The reports must be made on forms adopted by the Department. The information reported must include, but must not be limited to, the number of incidents of abuse, the number of persons abused, the type of abuse sustained, and the actions taken on the reports. For purposes of these reports, sexual abuse must be reported separately from physical abuse. (2) The department shall refer to the Department of Health monthly data summaries of the reports of elder or dependent adult abuse, neglect, abandonment, isolation, and financial abuse, and other abuse it receives from district adult protective services agencies.
15		34 V.I. Code Ann. § 465. Criminal background check for certified nurses assistants and certified home health aide applicants.	(a) All initial certified nurse assistant and certified home health aide applicants, shall as a requirement for certification, undergo a criminal background check. (b) Certified nurse assistants and home health aides certified prior to January 1, 2009, shall, as a condition of renewal of their certificates, undergo a criminal background checks. Commencing January 1, 200p [sic, nurse assistant and home health aide applicants whose applications were submitted on or after January 1, 2009, shall undergo a criminal background check.
16		34 V.I. Code Ann. § 466. Access to information.	(a) Unless otherwise prohibited by law, the Police Department shall make available to the Department of Health and the Department of Human Services, at no cost as determined by the Virgin Islands Police Department, access to the Virgin Islands Police Department database; or (b) The Virgin Islands Police Department and the Department of Health may negotiate and enter into a contract that specifies the method and terms upon which the costs associated with accessing the databases are allocated between the respective departments. The contract may not contain provisions inconsistent with any law that prescribes the extent to which an applicant for licensure, a permit, or certification, or employees, or volunteers shall or shall not pay for a criminal record background check.
17		34 V.I. Code Ann. § 467. Statement as to knowledge of compliance with reporting requirements.	(a) Any person who enters into employment on or after January 1, 2009, as a care custodian, clergy member, health practitioner, or with the Department Human Services or a local law enforcement agency, before commencing his employment and as a prerequisite to the employment, shall sign a statement on a form provided by the prospective employer, to the effect that the person has knowledge of this chapter and will comply with its provisions. Employers shall provide a copy of this chapter to their employees. The statement must inform the employee that the employee is a mandated reporter and inform the employee of their reporting obligations under this chapter. The employer shall retain the signed statement. (b) Agencies or facilities that employ persons who were employed prior to January 1, 2009, and who are required to make reports pursuant to this chapter, shall inform those employees of their responsibility to make reports by delivering to them a copy of the statement specified in subsection
18		34 V.I. Code Ann. § 469. Criminal abuse or neglect of an elder or dependent adult.	(a) A person being a caregiver is guilty of felony criminal abuse or neglect of an elder or dependent adult person punishable by a term of imprisonment of not less than one year nor more than three years, who and knowingly (1) performs an acts that causes an elder or dependent adults' life to be endangered, health to be injured, or pre-existing physical or mental condition to deteriorate; or (2) fails to perform an act that the person knows or reasonably should know is necessary to maintain or preserve the life or health of the elder or dependent adult, and such failure causes the elder or dependent adults' life to be endangered, health to be injured or pre-existing physical or mental condition to deteriorate; or (3) Abandons the elder or dependent adult; or (4) physically abuses, harasses, intimidates, or interferes with the personal liberty of the elder or dependent adult or exposes the elder or dependent adult to willful deprivation. (b) A person being a caregiver who commits the offense of criminal abuse or neglect of an elder or dependent adult as outlined in subsection (a) and it results in serious bodily injury or death of the person abused or neglected is guilty of felony aggravated criminal abuse or neglect of an elder or dependent adult punishable by a term of imprisonment not less than 3 years nor more than 14 years.
19		34 V.I. Code Ann. § 470. Financial abuse of an elder or dependent adult; bad faith.	(a) Financial abuse of an elder or dependent adult as set forth in section 452(m) of this chapter occurs when all of the following are present: (1) a person or entity; (2) takes, secretes, appropriates or retains property of an elder or dependent adult, or assists with the taking, secreting, appropriating or retention of property of an elder or dependent adult; (3) for a wrongful use or with intent to defraud. (b) Wrongful use. A person or entity is deemed to have taken, secreted, appropriated, or retained property for a wrongful use if, among other things, the person or entity takes, secretes, appropriates or retains possession of property in bad faith. (c) Bad faith. A person or entity has acted in bad faith if the person or entity knew or should have known that the elder or dependent adult had the right to have the property transferred or made readily available to the elder, dependent adult or to the elder's or dependent adult's representative. (d) Reasonable person standard. For purposes of this section, a person or entity should have known of a right specified in subsection (c) if, on the basis of the information received by the person or entity or the person or entity's authorized third party, it is obvious to a reasonable person that the elder or dependent adult has a right specified in subsection
20		34 V.I. Code Ann. § 471. Isolation; rebuttable presumption.	The act of isolation as set forth in section 452(r) of this chapter is subject to a rebuttable presumption that the act does not constitute isolation if: (a) The act is performed pursuant to the instructions of a physician or surgeon licensed to practice medicine in the territory, who is caring for the elder or dependent adult at the time the instructions are given, and who gives the instructions as part of his medical care. (b) The act is performed in response to a reasonably perceived threat of danger to property or physical safety.
21		34 V.I. Code Ann. § 472. Remedies.	(a) Abuse and neglect. In any civil action brought under this chapter, when it is proven by clear and convincing evidence that a defendant is liable for physical abuse, neglect or financial abuse, as defined in this chapter and the defendant has been found to have been negligent, oppressive, fraudulent, or malicious in the commission of the abuse or neglect, in addition to all other remedies otherwise provided by law (1) The court shall award reasonable attorney's fees and costs to the prevailing party, including reasonable fees for the services of a conservator, if any, devoted to the litigation of a claim brought under this chapter. (b) Abduction. In any civil action brought under this chapter, when it is proven by clear and convincing evidence that an individual is liable for abduction, as defined in this chapter, in addition to all other remedies otherwise provided by law: (1) The court shall award to the plaintiff reasonable attorney's fees and costs. The term ‘costs‘includes, costs of representing the abductee and t he abductee's family in this territory and any other jurisdiction in any action related to the abduction and returning of the abductee to this territory, as well as travel expenses for returning the abductee to this territory and reasonable fees for the services of a conservator, if any, devoted to the litigation of a claim brought under this article. The award of attorney's fees is governed by the principles set forth in this chapter.
22		34 V.I. Code Ann. § 474. Death of the elder or dependent adult; jurisdiction.	(a) The death of the elder or dependent adult does not cause the court to lose jurisdiction in any claim for relief for abuse of an elder or dependent adult. (b) Upon petition, after the death of the elder or dependent adult, the right to maintain an action shall be transferred to the personal representative of the decedent, or if none, to the person or persons entitled to succeed to the decedent's estate.
23		34 V.I. Code Ann. § 475. Protective order for an elder or dependent adult who has suffered abuse; prohibition against possession of firearm.	(a) An elder or dependent adult who has suffered abuse as defined in this subchapter may seek protective orders as provided in this section. (b) For the purposes of this section, ‘protective order‘means an or der that includes any of the following restraining orders, whether issued ex parte, after notice and hearing, or in a judgment: (1) An order enjoining a party from abusing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, harassing, telephoning, including, but not limited to, annoying telephone calls, destroying personal property, contacting, either directly or indirectly, by mail or otherwise, or coming within a specified distance of, or disturbing the peace of the petitioner; (2) An order excluding a party from the petitioner's residence or dwelling, except that this order may not be issued, if legal or equitable title to, or lease of, the residence or dwelling is in the sole name of the party to be excluded, or is in the name of the party to be excluded and any other party besides the petitioner; and (3) An order enjoining a party from specified behavior that the court determines is necessary to effectuate orders described in paragraph (1) or Credits (2). (c) An order may be issued under this section, with or without notice, to restrain any person for the purpose of preventing a recurrence of abuse, if an affidavit shows, to the satisfaction of the court, reasonable proof of a past act of abuse of the petitioning elder or dependent adult. (d) (1) Upon filing a petition for a protective order under this section, the petitioner may obtain a temporary restraining order in accordance with this chapter. The temporary restraining order may include any of the protective orders described in subsection (b). However, the court may issue an ex parte order excluding a party from the petitioner's residence or dwelling only on a showing of all of the following: (A) Facts sufficient for the court to ascertain that the party who will stay in the dwelling has a right under color of law to possession of the premises; (B) That the party to be excluded has assaulted or threatens to assault the petitioner; and (C) That physical or emotional harm would otherwise result to the petitioner. (2) In the case in which a temporary restraining order is granted without notice, the matter must be made returnable on an order requiring cause to be shown why a permanent order should not be granted, on the earliest day that the business of the court will permit, but not later than 20 days or, if good cause appears to the court, 25 days from the date the temporary restraining order is granted, unless the order is otherwise modified or terminated by the court. (e) In the discretion of the court, an order issued after notice and a hearing under this section may have a duration of not more than three years, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. These orders may be renewed upon the request of a party, either for three years or permanently, without a showing of any further abuse since the issuance of the original order, subject to termination or modification by further order of the court either on written stipulation filed with the court or on the motion of a party. The failure to state the expiration date on the face of the form creates an order with duration of three years from the date of issuance. (f) Upon the filing of a petition for protective orders under this section, the respondent must be personally served with a copy of the petition, notice of the hearing or order to show cause, temporary restraining order, if any, and any affidavits in support of the petition. Service must be made at least two days before the hearing. The court may, on motion of the petitioner or on its own motion, shorten the time for service on the respondent. (g) The court may, upon the filing of an affidavit by the applicant that the respondent could not be served within the time required by statute, reissue an order previously issued and dissolved by the court for failure to serve the respondent. The reissued order must be made returnable on the earliest day that the business of the court will permit, but not later than 20 days or, if good cause appears to the court, 25 days from the date of reissuance. The reissued order must state on its face the date of expiration of the order. (h) (1) If the person named in a temporary restraining order is personally served with the order and notice of hearing with respect to a restraining order or protective order, but the person does not appear at the hearing, either personally or by counsel, and the terms and conditions of the restraining order or protective order, are identical to the temporary restraining order, except for the duration of the order, then the restraining order or protective order may be served on the person by first-class mail sent to that person at the most current address for the person available to the court. (2) The order must include the following language: NO ADDITIONAL PROOF OF SERVICE IS REQUIRED IF THE FACE OF THIS FORM INDICATES THAT BOTH PARTIES WERE PERSONALLY PRESENT AT THE HEARING WHERE THE ORDER WAS ISSUED. IF YOU HAVE BEEN PERSONALLY SERVED WITH A TEMPORARY RESTRAINING ORDER OR EMERGENCY PROTECTIVE ORDER AND NOTICE OF HEARING, BUT YOU DO NOT APPEAR AT THE HEARING EITHER IN PERSON OR BY COUNSEL, AND A RESTRAINING ORDER OR PROTECTIVE ORDER IS ISSUED AT THE HEARING THAT DOES NOT DIFFER FROM THE PRIOR TEMPORARY RESTRAINING ORDER OR EMERGENCY PROTECTIVE ORDER, A COPY OF THE ORDER WILL BE SERVED UPON YOU BY MAIL AT THE FOLLOWING ADDRESS --------. IF THAT ADDRESS IS NOT CORRECT OR YOU WISH TO VERIFY THAT THE TEMPORARY OR EMERGENCY ORDER WAS MADE PERMANENT WITHOUT SUBSTANTIVE CHANGE, CALL THE CLERK OF THE COURT AT --------. (i) (1) The court shall order the petitioner or the attorney for the petitioner to deliver, or the clerk of the court to mail, a copy of an order issued under this section, or a reissuance, extension, modification, or termination of the order, and any subsequent proof of service, by the close of the business day on which the order, reissuance, extension, modification, or termination was made, to each local law enforcement agency designated by the petitioner or the attorney for the petitioner having jurisdiction over the residence of the petitioner, and to any additional law enforcement agencies within the court's discretion as are requested by the petitioner. Each appropriate law enforcement agency shall make available information as to the existence and status of these orders to law enforcement officers responding to the scene of reported abuse. (2) An order issued under this section must, on request of the petitioner, be served on the respondent, whether or not the respondent has been taken into custody, by any law enforcement officer who is present at the scene of reported abuse involving the parties to the proceeding. The petitioner shall provide the officer with an endorsed copy of the order and a proof of service, which the officer shall complete and send to the issuing court. (3) Upon receiving information at the scene of an incident of abuse that a protective order has been issued under this section, or that a person who has been taken into custody is the respondent to that order, if the protected person cannot produce a certified copy of the order, a law enforcement officer shall immediately attempt to verify the existence of the order. (4) If the law enforcement officer determines that a protective order has been issued, but not served, the officer shall immediately notify the respondent of the terms of the order and shall at that time also enforce the order. Verbal notice of the terms of the order constitutes service of the order and is sufficient notice for the purposes of this section. (j) Nothing in this section precludes either party from representation by private counsel or from appearing on the party's own behalf. (k) There is no filing fee for a petition, response, or paper seeking the reissuance, modification, or enforcement of a protective order filed in a proceeding brought pursuant to this section. (l) (1) Fees otherwise payable by a petitioner to a law enforcement agency for serving an order issued under this section may be waived in any case in which the petitioner has requested a fee waiver on the initiating petition and has filed a declaration that demonstrates, to the satisfaction of the court, the financial need of the petitioner for the fee waiver. The declaration required by this subsection must be on one of the following forms: (A) The rules adopted by the Superior Court of the Virgin Islands for litigants proceeding in forma pauperis, but the petitioner is not subject to any other requirements of litigants proceeding in forma pauperis; or (B) Any other form that the Superior Court of the Virgin Islands may adopt for this purpose pursuant to subsection (o). (2) In conjunction with a hearing under this section, the court may make an order for the waiver of fees otherwise payable by the petitioner to a law enforcement agency for serving an order issued under this section. (m) The prevailing party in any action brought under this section may be awarded court costs and attorney's fees, if any. (n) (1) An order issued pursuant to this section must prohibit the person subject to it from owning, possessing, purchasing, receiving, or attempting to purchase or receive, a firearm. (2) Paragraph (1) does not apply to a cause of action based solely on financial abuse unaccompanied by force, threat, harassment, intimidation, or any other form of abuse. (3) The court shall order a person subject to a protective order issued under this section to relinquish any firearms they own or possess. (4) Every person who owns, possesses, purchases, or receives, or attempts to purchase or receive a firearm while the protective order is in effect, in violation of 23 V.I.C. § 456a(a)(8), is subject to punishment under title 14 V.I .C. § 2253. (o) Orders of protection may be enforced by citation to show cause for contempt of court by reason of any violation thereof and by issuance of a warrant to take the alleged violator into custody and bring the violator before the court. (p) The Superior Court of the Virgin Islands shall promulgate forms, instructions and rules for service of process, scheduling of hearings, and any other matters required by this section. The petition and response must be simple and concise.
24		34 V.I. Code Ann. § 476. Reimbursement.	(a) The Department shall establish, by regulation, financial eligibility guidelines that provide a procedure for reimbursement by elderly persons or disabled adults for all or part of the costs of protective services. If the Department determines that the elderly person or disabled adult who is in need of protective services has sufficient resources to pay for part or all of the cost of protective services, it shall initiate the procedures for reimbursement. If the Department determines that an elderly person or disabled adult does not have sufficient resources, no reimbursement for any such costs may be charged to the elderly person or disabled adult. (b) An elder or disabled adult is not required to reimburse the Department for part or all of the costs of protective services, unless the elder or disabled adult has been notified before the commencement of service provision that a reimbursement will be charged. An elder or disabled adult may be required to reimburse the Department for protective services before service provision commences.
25		34 V.I. Code Ann. § 477. Rules and regulations.	The Commissioner of Human Services may revise the rules and regulations for the implementation of the provisions of the Elder and Dependent Adult Abuse Prevention Act.