LINEVILLE PD - 314 - ELDER ABUSE

LINEVILLE PD

GENERAL ORDERS LINCOLN POLICE DEPARTMENT

SUBJECT: GENERAL OPERATIONS

TITLE: ADULT/ELDER ABUSE

EFFECTIVE DATE: AUGUST 1, 2025

REVISION DATE:

ACCREDITATION: ALABAMA ASSOCIATION OF CHIEFS OF POLICE (AACOP)

APPROVAL: CHIEF SCOTT BONNER

ADULT/ELDER ABUSE

314.1 PURPOSE AND SCOPE

The purpose of this policy is to provide guidelines for the investigation and reporting of suspected abuse of certain adults who may be more vulnerable than others. This policy also addresses mandatory notification for Lincoln Police Department members as required by law.

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314.1.1 DEFINITIONS

Definitions related to this policy include:

ADULT ABUSE - Any offense or attempted offense involving violence or neglect of an adult victim when committed by a person responsible for the adult’s care, or any other act that would mandate reporting or notification to a social service agency or law enforcement.

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314.2 POLICY

The Lincoln Police Department will investigate all reported incidents of alleged adult abuse and ensure proper reporting and notification as required by law.

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314.3 MANDATORY NOTIFICATION

Members of the Lincoln Police Department shall notify the Department of Human Resources (DHR) when notified that a protected person was subjected to physical abuse, neglect, exploitation, sexual abuse, or emotional abuse (Ala. Code § 38-9-8). Emotional abuse includes willful or reckless infliction of one or more of the following (Ala. Code § 38-9-2):

Emotional or mental anguish

Use of a physical or chemical restraint, medication, or isolation as punishment or as a substitute for treatment or care

For purposes of notification, a protected person is a person 18 years of age or older subject to legal protection under the Adult Protective Services Act or any person, including but not limited to (Ala. Code § 38-9-2):

(a) Persons with a neurodegenerative disease.

(b) Persons with intellectual disabilities and developmental disabilities.

(c) Persons over 18 years of age who are mentally or physically incapable of adequately caring for themselves and their interests without serious consequences to themselves or others.

Members should refer to the Child Abuse Policy when a person under 19 years of age does not qualify for adult protective service.

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314.3.1 NOTIFICATION PROCEDURE

Notification should be made to DHR as soon as practicable by phone. A written report should be forwarded to DHR within seven days and should contain the following (Ala. Code § 38-9-8):

(a) The name, age, and address of the protected person.

(b) The nature and extent of injury suffered by the person.

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314.4 QUALIFIED INVESTIGATORS

Qualified investigators should be available to investigate cases of adult abuse. These investigators should:

(a) Conduct interviews in appropriate interview facilities.

(b) Be familiar with forensic interview techniques specific to adult abuse investigations.

(d) Coordinate with other enforcement agencies, social service agencies, and facility administrators as needed.

(e) Provide referrals to therapy services, victim advocates, guardians, and support for the victim and family as appropriate.

(f) Participate in or coordinate with multidisciplinary investigative teams as applicable.

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314.5 INVESTIGATIONS AND REPORTING

All reported or suspected cases of adult abuse require investigation and a report, even if the allegations appear unfounded or unsubstantiated (Ala. Code § 15-10-3).

Investigations and reports related to suspected cases of adult abuse should address, as applicable:

(a) The overall basis for the contact. This should be done by the investigating officer in all circumstances where a suspected adult abuse victim is contacted.

(b) Any relevant statements the victim may have made and to whom he/she made the statements.

(c) If a person is taken into protective custody, the reasons, the name and title of the person making the decision, and why other alternatives were not appropriate.

(d) Documentation of any visible injuries or any injuries identified by the victim. This should include photographs of such injuries, if practicable.

(e) Whether the victim was transported for medical treatment or a medical examination.

(f) Whether the victim identified a household member as the alleged perpetrator, and a list of the names of any other potential victims or witnesses who may reside in the residence.

(g) Identification of any prior related reports or allegations of abuse, including other jurisdictions, as reasonably known.

(h) Previous addresses of the victim and suspect.

(i) Other potential witnesses who have not yet been interviewed, such as relatives or others close to the victim’s environment.

Any unexplained death of an adult who was in the care of a guardian or caretaker should be considered as potential adult abuse and investigated similarly.If an officer determines that an otherwise valid elder abuse protection order cannot be enforced because the person has not been notified or served with the protection order, the officer shall inform the person of the order and allow the person a reasonable opportunity to comply with the order’s provisions before enforcing the order. In the event the officer provides notice of the elder abuse protection order to the person, the officer shall document this fact in a report (Ala. Code § 38-9F-11).

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314.6 PROTECTIVE CUSTODY

Before taking an adult abuse victim into protective custody when facts indicate the adult may not be able to care for him/herself, the officer should make reasonable attempts to contact DHR. Generally, removal of an adult abuse victim from his/her family, guardian, or other responsible adult should be left to the welfare authorities when they are present or have become involved in an investigation.

Generally, members of this department should remove an adult abuse victim from his/her family or guardian without a court order only when no other effective alternative is reasonably available and immediate action reasonably appears necessary to protect the victim. Prior to taking an adult abuse victim into protective custody, the officer should take reasonable steps to deliver the adult to another qualified legal guardian, unless it reasonably appears that the release would endanger the victim or result in abduction. If this is not a reasonable option, the officer shall ensure that the adult is delivered to DHR.

Whenever practicable, the officer should inform a supervisor of the circumstances prior to taking an adult abuse victim into protective custody. If prior notification is not practicable, officers should contact a supervisor promptly after taking the adult into protective custody.

Temporary protection orders may be applied for under Ala. Code § 38-9F-6.

When adult abuse victims are under state control, have a state-appointed guardian, or there are other legal holdings for guardianship, it may be necessary or reasonable to seek a court order on behalf of the adult victim to either remove the adult from a dangerous environment (protective custody) or restrain a person from contact with the adult.

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314.7 INTERVIEWS

314.7.1 PRELIMINARY INTERVIEWS

Absent extenuating circumstances or impracticality, officers should audio record the preliminary interview with a suspected adult abuse victim. Officers should avoid multiple interviews with the victim and should attempt to gather only the information necessary to begin an investigation. When practicable, investigating officers should defer interviews until a person who is specially trained in such interviews is available.

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314.7.2 DETAINING VICTIMS FOR INTERVIEWS

An officer should not detain an adult involuntarily who is suspected of being a victim of abuse solely for the purpose of an interview or physical exam without his/her consent or the consent of a guardian unless one of the following applies:

(a) The adult cannot adequately provide for his/her own care or protection and exigent circumstances exist, such as:

A reasonable belief that medical issues of the adult need to be addressed immediately.

A reasonable belief that the adult is or will be in danger of harm if the interview or physical exam is not immediately completed.

The alleged offender is a family member or guardian and there is reason to believe the adult may be in continued danger.

(b) A court order or warrant has been issued.

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314.8 MEDICAL EXAMINATIONS

When an adult abuse investigation requires a medical examination, the investigating officer should obtain consent for such examination from the victim, guardian, agency, or entity having legal custody of the adult. The officer should also arrange for the adult’s transportation to the appropriate medical facility.

In cases where the alleged offender is a family member, guardian, agency, or entity having legal custody and is refusing to give consent for the medical examination, officers should notify a supervisor before proceeding. The supervisor should consider other government agencies or services that may obtain a court order for such an examination.

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314.9 DRUG-ENDANGERED VICTIMS

A coordinated response by law enforcement and social services agencies is appropriate to meet the immediate and longer-term medical and safety needs of an adult abuse victim who has been exposed to the manufacturing, trafficking, or use of narcotics.

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314.9.1 SUPERVISOR RESPONSIBILITIES

The Criminal Investigations supervisor should:

(a) Work with professionals from the appropriate agencies, including DHR, other law enforcement agencies, medical service providers, and local prosecutors to develop community-specific procedures for responding to situations where there are adult abuse victims endangered by exposure to methamphetamine labs or the manufacture and trafficking of other drugs.

(b) Activate any available interagency response when an officer notifies the Criminal Investigations supervisor that he/she has responded to a drug lab or other narcotics crime scene where an adult abuse victim is present or where evidence indicates that an adult abuse victim lives at the scene.

(c) Develop a report format or checklist for use when officers respond to drug labs or other narcotics crime scenes. The checklist will help officers document the environmental, medical, social, and other conditions that may affect the adult.

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314.9.2 OFFICER RESPONSIBILITIES

Officers responding to a drug lab or other narcotics crime scene where an adult abuse victim is present or where there is evidence that an adult abuse victim lives should:

(a) Document the environmental, medical, social, and other conditions of the adult, using photography as appropriate and the checklist or form developed for this purpose.

(b) Notify the Criminal Investigations supervisor so an interagency response can begin.

Persons arrested for violating an elder abuse protection order shall only be released by a court (Ala. Code § 15-10-3).

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314.10 TRAINING

The Department should provide training on best practices in adult abuse investigations to members tasked with investigating these cases. The training should include:

(a) Participating in multidisciplinary investigations, as appropriate.

(b) Conducting interviews.

(d) Availability of specialized forensic medical exams.

(e) Cultural competence (including interpretive services) related to adult abuse investigations.

(f) Availability of victim advocates or other support.

These policies and operating procedures are not designed to cover every possible scenario or situation in society, but rather to define standard operating procedures for members of the Lincoln Police Department. These guidelines are subject to past, present and future judicial review. These guidelines can be amended and or repealed by the Chief of Police as necessary. The policies and procedures herein provided supersede all previous policies and orders.

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