TITLE 39

HEALTH AND SAFETY

CHAPTER 53

ADULT ABUSE, NEGLECT AND EXPLOITATION ACT

39-5310.  Report to law enforcement — Prosecution. (1) If, as the result of any investigation initiated under the provisions of this chapter, it appears that the maltreatment has caused injury or a serious imposition on the rights of the vulnerable adult, the commission shall immediately notify the appropriate law enforcement agency, which shall initiate an investigation and shall determine whether criminal proceedings should be initiated against the caregiver or other persons in accordance with applicable state law. Notwithstanding the prohibition against disclosure of names of persons associated with the written report of an investigation as provided in section 39-5304, Idaho Code, the commission shall disclose names associated with the written report when notification is made as required in this section.

(2)  The abuse, neglect, or exploitation of a vulnerable adult is a crime under section 18-1505, Idaho Code, and is subject to punishments provided in that section and other applicable state law.

(3)  If at any time an APS provider has reasonable belief that maltreatment has caused serious injury or imposition on the rights of a vulnerable adult, the provider shall notify law enforcement within twenty-four (24) hours of obtaining the information on which the reasonable belief is based.

History:

[39-5310, added 1991, ch. 329, sec. 13, p. 853; am. 1996, ch. 78, sec. 8, p. 251; am. 1998, ch. 308, sec. 10, p. 1025; am. 2001, ch. 79, sec. 2, p. 200; am. 2005, ch. 166, sec. 3, p. 508; am. 2023, ch. 158, sec. 12, p. 435.]