Rhode Island Adult Protective Services Report (Elder Abuse, Neglect, Exploitation, Self-Neglect)

RHODE ISLAND ADULT PROTECTIVE SERVICES REPORT

TABLE OF CONTENTS

1. Reporter Identification
2. Elder / Alleged Victim Identification
3. Setting and Living Arrangement
4. Type of Concern (Abuse / Neglect / Exploitation / Self-Neglect)
5. Alleged Perpetrator(s)
6. Narrative — Statement of Reasonable Cause
7. Evidence and Witnesses
8. Immediate Risk Assessment
9. Prior Reports and Concurrent Notifications
10. Statutory Bases — Mandatory Report and Immunity
11. Reporter Certification and Signature
12. Rhode Island Practice Notes
13. Sources and References

1. REPORTER IDENTIFICATION

2. ELDER / ALLEGED VICTIM IDENTIFICATION

3. SETTING AND LIVING ARRANGEMENT

☐ Community / private home — refer to OHA APS, 401-462-0555
☐ Apartment / senior housing — refer to OHA APS
☐ Assisted living residence (R.I. Gen. Laws § 23-17.4) — also notify RI LTC Ombudsman and RI Dept. of Health Facilities Regulation
☐ Nursing facility (R.I. Gen. Laws § 23-17 / § 23-17.5) — also notify RI LTC Ombudsman, RI DOH, and CMS via 1-800-MEDICARE if applicable
☐ Hospital — also notify hospital risk management; § 23-17.8 abuse-in-facilities applies
☐ Other: [________________________________]

Facility name (if applicable): [________________________________]
Facility address: [________________________________]
Administrator / DON: [________________________________]

4. TYPE OF CONCERN

Check all that apply (definitions per R.I. Gen. Laws § 42-66-4.1 and § 11-5-12):

☐ Physical abuse — willful infliction of physical pain, injury, unreasonable confinement, intimidation, or punishment.
☐ Emotional / psychological abuse — willful infliction of mental anguish through verbal or non-verbal acts (threats, humiliation, isolation).
☐ Sexual abuse — non-consensual sexual contact of any kind.
☐ Neglect by caregiver — failure of a caregiver to provide goods or services necessary to avoid physical harm, mental anguish, or mental illness.
☐ Self-neglect — inability of an elder, due to physical or mental impairment, to perform tasks essential to caring for self (food, shelter, clothing, hygiene, medical care).
☐ Financial exploitation — wrongful or unauthorized taking, withholding, appropriation, or use of money, real property, or personal property of an elder for the benefit of someone other than the elder. Includes theft, fraud, undue influence, breach of fiduciary duty, and improper use of POA.
☐ Abandonment — desertion by a person who has assumed the responsibility for care or custody.
☐ Healthcare-facility abuse (§ 23-17.8) — by employee/agent of a licensed healthcare facility.

5. ALLEGED PERPETRATOR(S)

6. NARRATIVE — STATEMENT OF REASONABLE CAUSE

Date(s) of incident(s) or pattern observed: [__/__/____] to [__/__/____]

Location of incident(s): [________________________________]

Detailed factual account (what was observed, when, where, by whom; quote statements verbatim where possible; describe injuries, behavior, condition, financial transactions, or environment that gave rise to reasonable cause):

[___________________________________________________________________]
[___________________________________________________________________]
[___________________________________________________________________]
[___________________________________________________________________]
[___________________________________________________________________]
[___________________________________________________________________]
[___________________________________________________________________]
[___________________________________________________________________]
[___________________________________________________________________]

For financial exploitation, list specific transactions:

7. EVIDENCE AND WITNESSES

8. IMMEDIATE RISK ASSESSMENT

☐ Elder is in imminent danger of serious bodily harm or death — 911 has been called.
☐ Elder is isolated by alleged perpetrator and lacks independent communication.
☐ Elder shows acute medical/mental decline requiring evaluation within 24 hours.
☐ Significant financial loss is ongoing and likely to be irreversible without intervention.
☐ Alleged perpetrator has continued unsupervised access.
☐ No imminent danger; routine APS investigation requested.

Recommended protective action(s) for OHA / law enforcement:

[___________________________________________________________________]

9. PRIOR REPORTS AND CONCURRENT NOTIFICATIONS

☐ Prior report to OHA APS — date(s): [________]
☐ Prior report to law enforcement — agency / case no.: [________]
☐ Concurrent notification to RI Attorney General's Elder Abuse Unit
☐ Concurrent notification to RI State Long-Term Care Ombudsman
☐ Concurrent notification to RI Dept. of Health (facility licensing / complaint intake)
☐ Concurrent notification to facility administrator / risk management
☐ Concurrent notification to bank / financial institution under SAR / EFCAA
☐ Concurrent notification to Adult Probate Court (re: guardianship / conservatorship)
☐ Other: [________________________________]

10. STATUTORY BASES — MANDATORY REPORT AND IMMUNITY

This report is made pursuant to:

• R.I. Gen. Laws § 42-66-8 — Duty of any person with reasonable cause to believe an elder (60+) has been abused, neglected, exploited, or is self-neglecting to make an immediate report to the Director of the Office of Healthy Aging or designee. Failure to report is punishable by a fine up to $1,000.
• R.I. Gen. Laws § 42-66-8.2 — OHA shall initiate investigation within timeframes prescribed (commonly within 24 hours for emergencies) and may petition for protective services.
• R.I. Gen. Laws § 42-66-9 — All state agencies shall cooperate with OHA APS investigations.
• R.I. Gen. Laws § 42-66-12 — Records and reports are confidential and not subject to public disclosure except as authorized by law.
• R.I. Gen. Laws § 11-5-12 — Criminal penalties for abuse, neglect, or exploitation of adults with severe impairments.

Immunity claimed: Pursuant to R.I. Gen. Laws § 42-66-8 and related provisions, the reporter is immune from civil and criminal liability for reports made in good faith. The reporter has not perpetrated, inflicted, or caused the conduct reported. Any employer retaliation against the reporter (discharge, demotion, transfer, reduction in pay or benefits, negative performance evaluation, or other detrimental action) is prohibited.

11. REPORTER CERTIFICATION AND SIGNATURE

I certify that:

1. The information set forth in this report is true and accurate to the best of my knowledge and belief.
2. I have reasonable cause to believe that the conduct described constitutes abuse, neglect, exploitation, or self-neglect of an elderly person under R.I. Gen. Laws § 42-66-8.
3. This report is made in good faith pursuant to my mandatory-reporting obligation, and I claim the immunity afforded by R.I. Gen. Laws § 42-66-8 and related provisions.
4. I have made (or will make immediately upon transmission of this written report) an oral report to the OHA APS hotline at 401-462-0555 if not already done.

Signature: [________________________________]
Print name: [________________________________]
Title / role: [________________________________]
Date: [__/__/____]

12. RHODE ISLAND PRACTICE NOTES

1. Submission methods. Rhode Island accepts oral reports 24/7 at 401-462-0555 (community) or via a state long-term-care ombudsman / RI DOH for facility settings. Written reports may be faxed, emailed, or mailed to OHA: Office of Healthy Aging, 25 Howard Avenue, Building #57, Cranston, RI 02920.

2. Time limits. The statute requires "immediate" oral report. OHA practice typically expects the written report within 48 hours. For facility-based abuse, R.I. Gen. Laws § 23-17.8 requires reporting within 24 hours to the Director of Health.

3. Concurrent law-enforcement obligation. OHA must refer cases of suspected criminal conduct to law enforcement and the Office of the Attorney General Elder Abuse Unit (401-274-4400). Reporters should not delay calling police if a crime is in progress.

4. Financial-institution reporting. Banks and broker-dealers may file Suspicious Activity Reports (SARs) under FinCEN guidance and may invoke transaction holds under RI's adoption of the NASAA model financial-exploitation protections.

5. Confidentiality. The identity of the reporter is confidential and not released except by court order or to law enforcement and OHA staff conducting the investigation. R.I. Gen. Laws § 42-66-12.

6. Capacity and consent. APS interventions require the elder's consent unless the elder lacks capacity. OHA may petition Probate Court for emergency or limited guardianship under R.I. Gen. Laws § 33-15 if the elder cannot consent and is at substantial risk.

7. Self-neglect. Self-neglect is reportable in Rhode Island and accounts for a significant share of OHA APS cases. Reporters should document specific deficits in ADLs/IADLs, environmental hazards, and refusal of care.

8. Healthcare-facility track. When the alleged setting is a licensed healthcare facility, dual reporting to (a) RI DOH Center for Health Facilities Regulation (401-222-5960) and (b) the State Long-Term Care Ombudsman (401-785-3340) is best practice. Federal nursing-home abuse must also be reported to the State Survey Agency under 42 C.F.R. § 483.12 within timeframes there specified.

13. SOURCES AND REFERENCES

• RI Office of Healthy Aging — Report Elder Abuse: https://oha.ri.gov/report-elder-abuse
• RI OHA — Elder Protective Services: https://oha.ri.gov/what-we-do/protect/elder-protective-services
• RI Gen. Laws § 42-66-8: https://webserver.rilegislature.gov/Statutes/TITLE42/42-66/42-66-8.htm
• RI Gen. Laws § 42-66-8.2: https://webserver.rilegislature.gov/Statutes/TITLE42/42-66/42-66-8.2.htm
• RI Gen. Laws § 42-66-12: https://webserver.rilegislature.gov/Statutes/TITLE42/42-66/42-66-12.htm
• RI Gen. Laws § 11-5-12: https://webserver.rilegislature.gov/Statutes/TITLE11/11-5/11-5-12.htm
• RI Gen. Laws § 23-17.8 (Abuse in Healthcare Facilities): https://webserver.rilegislature.gov/Statutes/TITLE23/23-17.8/INDEX.htm
• RI Attorney General — Elder Abuse Unit: https://riag.ri.gov/elder-abuse
• RI State Long-Term Care Ombudsman: https://alliancebltc.org/ombudsman-program
• RI Department of Health — Facilities Regulation: https://health.ri.gov/licenses/detail.php?id=234
• DOJ EAGLE — RI mandatory reporting summary: https://eagle.usc.edu/state-mandated-reporting/
• Older Americans Act / Elder Justice Act (42 U.S.C. § 3058i): https://www.law.cornell.edu/uscode/text/42/3058i