Section 29-2907. PAYMENT NOTIFICATION  


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    2907.1As part of the investigation under § 5 of the Act (D.C. Code, 2001 Ed. § 7-1904), the Department shall determine whether the adult in need of protective services is indigent. If the adult is indigent, the Department shall not notify the adult that payment is required.

     

    2907.2If the person is not indigent and is not in immediate risk of serious or life threatening harm, the Department shall, pursuant to § 6(a)(1)(D) of the Act (D.C. Code, 2001 Ed. § 7-1905(a)(1)(D)), advise the adult or, if the adult is incompetent, a person authorized by law or court order to consent to the provision of protective services on behalf of the adult, of any contribution or reimbursement required for particular protective services.

     

    2907.3If reimbursement or contribution is required for protective services under this chapter and the adult or, if the adult is incompetent, a person authorized by law or court order to consent to the provision of protective services on behalf of the adult, does not agree to pay those costs, the Department shall first consider whether the refusal is made without fear or intimidation, as provided in § 6(b) of the Act (D.C. Code, 2001 Ed. § 7-1905(b)).

     

    2907.4If a refusal to pay manifestly appears to be prompted by fear or intimidation as provided in § 6(b) of the Act (D.C. Code, 2001 Ed. § 7-1905(b)), the Department shall determine whether there exists an alternative service mutually agreeable to the Department and the adult or, if the adult is incompetent, a person authorized by law or court order to consent to the provision of protective services on behalf of the adult.

     

    2907.5If there is no mutually agreeable alternative service, and the Department finds that the particular protective services are required, the Department shall refer the matter to the Corporation Counsel in order to seek a protective order as set forth under§ 7 or 8 of the Act (D.C. Code, 2001 Ed. § 7-1906 or 7-1907).

     

    2907.6If the initial investigation reveals the existence of immediate, substantial risk of life-threatening harm to an adult who the Department has determined is in need of protective services, and treatment is refused, the Department may refer, with appropriate affidavits, the matter to the Corporation Counsel for a temporary protective order under § 7(a) and 8 of the Act (D.C. Code, 2001 Ed. § 7-1906(a) and 7-1907).

     

source

Final Rulemaking published at 37 DCR 6646, 6653 (October 19, 1990).