Statutes | 4 HCC § 12 Chapter III § 14 | 2020
a. An Adult-at-Risk has the right to be informed about an Adult-at-Risk abuse investigation before it begins unless an emergency exists, in which case, they shall be informed as soon as possible, but not later than one (1) business day after the investigation begins.
b. An Adult-at-Risk has the right to refuse to accept adult prevention and protective services (even if there is good cause to believe that the Adult-at-Risk has been or is being abused, neglected, self-neglected, or exploited) provided that the Adult-at-Risk is able to care for himself or herself and/or has the capacity to understand the nature of the services offered.
c. An Adult-at-Risk has the right to refuse an Adult Prevention and Protection Social Worker entrance into their home and the Adult Prevention and Protection Social Worker shall so inform the Adult-at-Risk of this right before seeking entry. The Adult Prevention and Protection Social Worker shall also inform the Adult-at-Risk of the right of the Adult Prevention and Protection Social Worker to seek a warrant to gain access.
d. The Adult-at-Risk has the right to be represented by counsel at his or her own expense at all proceedings.
(1) If the Adult-at-Risk seeks to proceed independently, then the Adult-at-Risk may retain private counsel to represent himself or herself at his or her own cost or proceed without counsel (pro se).
(2) If the Adult-at-Risk seeks to have the assistance of the CFS Adult Prevention and Protection Program in filing the Petition, then CFS and the DOJ shall make a determination on whether a legal claim exists and then make a determination on how to proceed.