reglab/housing_qa huggingface dataset:
V.I. Code tit. 34, § 462 (2019)
2019 US Virgin Islands Code|Title 34 - Welfare|Chapter 15 - The Elder and Dependent Adult Abuse Prevention Act|§ 462. Training programs

 (a) The Department of Human Services shall offer training programs to local law enforcement and prosecutorial personnel in investigating crimes against elders and dependent adults. (b) The Department of Human Services shall offer training programs in evaluating and documenting instances of criminal abuse against elders and dependent adults to: (1) the Department of Health; (2) district adult protective services agencies; (3) the ombudsmen; and (4) the staff of long-term care facilities, including nursing homes and out-of-home care facilities.
V.I. Code tit. 34, § 463 (2019)
2019 US Virgin Islands Code|Title 34 - Welfare|Chapter 15 - The Elder and Dependent Adult Abuse Prevention Act|§ 463. Provision of instructional materials regarding elder and dependent adult abuse and neglect

 The Police Department and the Department of Human Services in conjunction with the Department of Health shall provide organizations with instructional materials regarding elder and dependent adult abuse and neglect and their obligation to report under this chapter. At a minimum, the instructional materials must include the following: (a) An explanation of elder or dependent adult abuse and neglect, as defined in this chapter; (b) Information on how to recognize potential elder or dependent adult abuse and neglect; (c) Information on how reports of known or suspected abuse and neglect are investigated; and (d) Instructions on how to report known or suspected incidents of abuse and neglect, including the appropriate telephone numbers to call and the types of information that would assist with the investigation of the report.
V.I. Code tit. 34, § 464 (2019)
2019 US Virgin Islands Code|Title 34 - Welfare|Chapter 15 - The Elder and Dependent Adult Abuse Prevention Act|§ 464. Forms for written abuse reports; contents

 (a)  (1) The written abuse reports required for the reporting of abuse, as defined in this chapter, must be submitted on forms adopted by the Department of Human Services after consultation with representatives of the various law enforcement agencies, the Department of Health, professional medical and nursing agencies, hospital associations and district welfare agencies. The Department of Human Services and the ombudsman programs shall distribute these reporting forms. The reporting form may also be used for documenting the telephone report of a known or suspected instances of abuse of an elder or dependent adult by the Department of Human Services, ombudsman program, and local law enforcement agencies. (2) The forms required by this section must contain all of the following items: (A) The name, address, telephone number, and occupation of the person reporting; (B) The name and address of the victim; (C) The date, time, and place of the incident; (D) Other details, including the reporter's observations and beliefs concerning the incident; (E) Any document relating to the incident made by the victim; (F) The name of any individuals believed to have knowledge of the incident; and (G) The name of the individuals believed to be responsible for the incident and their connection to the victim. (b)  (1) Each district of the Department Human Services shall report to the Commissioner of the Department of Human Services monthly on the reports received under to this chapter. The reports must be made on forms adopted by the Department. The information reported must include, but must not be limited to, the number of incidents of abuse, the number of persons abused, the type of abuse sustained, and the actions taken on the reports. For purposes of these reports, sexual abuse must be reported separately from physical abuse. (2) The department shall refer to the Department of Health monthly data summaries of the reports of elder or dependent adult abuse, neglect, abandonment, isolation, and financial abuse, and other abuse it receives from district adult protective services agencies.
V.I. Code tit. 34, § 465 (2019)
2019 US Virgin Islands Code|Title 34 - Welfare|Chapter 15 - The Elder and Dependent Adult Abuse Prevention Act|§ 465. Criminal background check for certified nurses assistants and certified home health aide applicants

 (a) All initial certified nurse assistant and certified home health aide applicants, shall as a requirement for certification, undergo a criminal background check. (b) Certified nurse assistants and home health aides certified prior to January 1, 2009, shall, as a condition of renewal of their certificates, undergo a criminal background checks. Commencing January 1, 200p [sic], nurse assistant and home health aide applicants whose applications were submitted on or after January 1, 2009, shall undergo a criminal background check.
V.I. Code tit. 34, § 466 (2019)
2019 US Virgin Islands Code|Title 34 - Welfare|Chapter 15 - The Elder and Dependent Adult Abuse Prevention Act|§ 466. Access to information

 (a) Unless otherwise prohibited by law, the Police Department shall make available to the Department of Health and the Department of Human Services, at no cost as determined by the Virgin Islands Police Department, access to the Virgin Islands Police Department database; or (b) The Virgin Islands Police Department and the Department of Health may negotiate and enter into a contract that specifies the method and terms upon which the costs associated with accessing the databases are allocated between the respective departments. The contract may not contain provisions inconsistent with any law that prescribes the extent to which an applicant for licensure, a permit, or certification, or employees, or volunteers shall or shall not pay for a criminal record background check.
V.I. Code tit. 34, § 467 (2019)
2019 US Virgin Islands Code|Title 34 - Welfare|Chapter 15 - The Elder and Dependent Adult Abuse Prevention Act|§ 467. Statement as to knowledge of compliance with reporting requirements

 (a) Any person who enters into employment on or after January 1, 2009, as a care custodian, clergy member, health practitioner, or with the Department Human Services or a local law enforcement agency, before commencing his employment and as a prerequisite to the employment, shall sign a statement on a form provided by the prospective employer, to the effect that the person has knowledge of this chapter and will comply with its provisions. Employers shall provide a copy of this chapter to their employees. The statement must inform the employee that the employee is a mandated reporter and inform the employee of their reporting obligations under this chapter. The employer shall retain the signed statement. (b) Agencies or facilities that employ persons who were employed prior to January 1, 2009, and who are required to make reports pursuant to this chapter, shall inform those employees of their responsibility to make reports by delivering to them a copy of the statement specified in subsection (a). (c) On and after January 1, 2009, when a person is issued a license or certificate to engage in a profession or occupation the members of which are required to make a report pursuant to this chapter, the Department issuing the license or certificate shall— (1) send to the person a statement substantially similar to the one contained in subsection (a) at the same time that it transmits to the person the document indicating licensure or certification; or (2) cause the required statement to be printed on all application forms for a license or certificate printed on or after January 1, 2009. (d) The cost of printing, distribution and filing of these statements must be borne by the employer. (e) The retention of statements required by subsection (a), and the delivery of statements required by subsections (b) and (c), are the full extent of the employer's duty under this section. The failure of any employee or other person associated with the employer to report abuse of elders and dependent adults or otherwise meet the requirements of this chapter is the sole responsibility of that person. The employer or facility incurs no civil or other liability for the failure of these persons to comply with the requirements of this chapter.
V.I. Code tit. 34, § 469 (2019)
2019 US Virgin Islands Code|Title 34 - Welfare|Chapter 15 - The Elder and Dependent Adult Abuse Prevention Act|§ 469. Criminal abuse or neglect of an elder or dependent adult

 (a) A person being a caregiver is guilty of felony criminal abuse or neglect of an elder or dependent adult person punishable by a term of imprisonment of not less than one year nor more than three years, who and knowingly (1) performs an acts that causes an elder or dependent adults' life to be endangered, health to be injured, or pre-existing physical or mental condition to deteriorate; or (2) fails to perform an act that the person knows or reasonably should know is necessary to maintain or preserve the life or health of the elder or dependent adult, and such failure causes the elder or dependent adults' life to be endangered, health to be injured or pre-existing physical or mental condition to deteriorate; or (3) Abandons the elder or dependent adult; or (4) physically abuses, harasses, intimidates, or interferes with the personal liberty of the elder or dependent adult or exposes the elder or dependent adult to willful deprivation. (b) A person being a caregiver who commits the offense of criminal abuse or neglect of an elder or dependent adult as outlined in subsection (a) and it results in serious bodily injury or death of the person abused or neglected is guilty of felony aggravated criminal abuse or neglect of an elder or dependent adult punishable by a term of imprisonment not less than 3 years nor more than 14 years.
V.I. Code tit. 34, § 470 (2019)
2019 US Virgin Islands Code|Title 34 - Welfare|Chapter 15 - The Elder and Dependent Adult Abuse Prevention Act|§ 470. Financial abuse of an elder or dependent adult; bad faith

 (a) Financial abuse of an elder or dependent adult as set forth in section 452(m) of this chapter occurs when all of the following are present: (1) a person or entity; (2) takes, secretes, appropriates or retains property of an elder or dependent adult, or assists with the taking, secreting, appropriating or retention of property of an elder or dependent adult; (3) for a wrongful use or with intent to defraud. (b) Wrongful use. A person or entity is deemed to have taken, secreted, appropriated, or retained property for a wrongful use if, among other things, the person or entity takes, secretes, appropriates or retains possession of property in bad faith. (c) Bad faith. A person or entity has acted in bad faith if the person or entity knew or should have known that the elder or dependent adult had the right to have the property transferred or made readily available to the elder, dependent adult or to the elder's or dependent adult's representative. (d) Reasonable person standard. For purposes of this section, a person or entity should have known of a right specified in subsection (c) if, on the basis of the information received by the person or entity or the person or entity's authorized third party, it is obvious to a reasonable person that the elder or dependent adult has a right specified in subsection (c).
V.I. Code tit. 34, § 471 (2019)
2019 US Virgin Islands Code|Title 34 - Welfare|Chapter 15 - The Elder and Dependent Adult Abuse Prevention Act|§ 471. Isolation; rebuttable presumption

 The act of isolation as set forth in section 452(r) of this chapter is subject to a rebuttable presumption that the act does not constitute isolation if: (a) The act is performed pursuant to the instructions of a physician or surgeon licensed to practice medicine in the territory, who is caring for the elder or dependent adult at the time the instructions are given, and who gives the instructions as part of his medical care. (b) The act is performed in response to a reasonably perceived threat of danger to property or physical safety.
V.I. Code tit. 34, § 472 (2019)
2019 US Virgin Islands Code|Title 34 - Welfare|Chapter 15 - The Elder and Dependent Adult Abuse Prevention Act|§ 472. Remedies

 (a) Abuse and neglect. In any civil action brought under this chapter, when it is proven by clear and convincing evidence that a defendant is liable for physical abuse, neglect or financial abuse, as defined in this chapter and the defendant has been found to have been negligent, oppressive, fraudulent, or malicious in the commission of the abuse or neglect, in addition to all other remedies otherwise provided by law— (1) The court shall award reasonable attorney's fees and costs to the prevailing party, including reasonable fees for the services of a conservator, if any, devoted to the litigation of a claim brought under this chapter. (b) Abduction. In any civil action brought under this chapter, when it is proven by clear and convincing evidence that an individual is liable for abduction, as defined in this chapter, in addition to all other remedies otherwise provided by law: (1) The court shall award to the plaintiff reasonable attorney's fees and costs. The term “costs” includes, costs of representing the abductee and the abductee's family in this territory and any other jurisdiction in any action related to the abduction and returning of the abductee to this territory, as well as travel expenses for returning the abductee to this territory and reasonable fees for the services of a conservator, if any, devoted to the litigation of a claim brought under this article. The award of attorney's fees is governed by the principles set forth in this chapter.
V.I. Code tit. 34, § 474 (2019)
2019 US Virgin Islands Code|Title 34 - Welfare|Chapter 15 - The Elder and Dependent Adult Abuse Prevention Act|§ 474. Death of the elder or dependent adult; jurisdiction

 (a) The death of the elder or dependent adult does not cause the court to lose jurisdiction in any claim for relief for abuse of an elder or dependent adult. (b) Upon petition, after the death of the elder or dependent adult, the right to maintain an action shall be transferred to the personal representative of the decedent, or if none, to the person or persons entitled to succeed to the decedent's estate.
V.I. Code tit. 34, § 476 (2019)
2019 US Virgin Islands Code|Title 34 - Welfare|Chapter 15 - The Elder and Dependent Adult Abuse Prevention Act|§ 476. Reimbursement

 (a) The Department shall establish, by regulation, financial eligibility guidelines that provide a procedure for reimbursement by elderly persons or disabled adults for all or part of the costs of protective services. If the Department determines that the elderly person or disabled adult who is in need of protective services has sufficient resources to pay for part or all of the cost of protective services, it shall initiate the procedures for reimbursement. If the Department determines that an elderly person or disabled adult does not have sufficient resources, no reimbursement for any such costs may be charged to the elderly person or disabled adult. (b) An elder or disabled adult is not required to reimburse the Department for part or all of the costs of protective services, unless the elder or disabled adult has been notified before the commencement of service provision that a reimbursement will be charged. An elder or disabled adult may be required to reimburse the Department for protective services before service provision commences.
V.I. Code tit. 34, § 477 (2019)
2019 US Virgin Islands Code|Title 34 - Welfare|Chapter 15 - The Elder and Dependent Adult Abuse Prevention Act|§ 477. Rules and regulations

 The Commissioner of Human Services may revise the rules and regulations for the implementation of the provisions of the Elder and Dependent Adult Abuse Prevention Act.
V.I. Code tit. 34, § 661 (2019)
2019 US Virgin Islands Code|Title 34 - Welfare|Chapter 17 - Protected Communication Rights of Incapacitated Persons|§ 661. Definition: “incapacitated person”

 As used in this chapter, “incapacitated person” means an individual who, for reasons other than being a minor, is unable to receive and evaluate information or make or communicate decisions to such an extent that the individual lacks the ability to meet essential requirements for physical health, safety, or self-care, even with appropriate technological assistance.
V.I. Code tit. 34, § 662 (2019)
2019 US Virgin Islands Code|Title 34 - Welfare|Chapter 17 - Protected Communication Rights of Incapacitated Persons|§ 662. Right of communication

 (a) Unless specifically authorized by court order, a guardian may not restrict an incapacitated person’s right of communication, visitation, or interaction with other persons, including the right to receive visitors, telephone calls, personal mail or electronic communications. (b) If an incapacitated person is unable to express consent to communication, visitation, or interaction with a person due to a physical or mental condition, then consent of the incapacitated person may be presumed based on the incapacitated person’s prior relationship history with the person.
V.I. Code tit. 34, § 663 (2019)
2019 US Virgin Islands Code|Title 34 - Welfare|Chapter 17 - Protected Communication Rights of Incapacitated Persons|§ 663. Restrictions on communications with incapacitated person

 A guardian may, for good cause shown, move the court to have restrictions placed on a person’s ability to communicate, visit, or interact with an incapacitated person in accordance with § 664. The factors the court must consider in determining good cause are: (1) Whether any protective order has been issued to protect the incapacitated person from the person seeking access to the incapacitated person; (2) Whether abuse, neglect, or financial exploitation of the incapacitated person by the person seeking access to the incapacitated person has occurred or is likely to occur; (3) Whether there is documented evidence that the incapacitated person wishes to reject communication, visitation, or interaction with specific persons; and (4) Any other factors considered relevant by the court.
V.I. Code tit. 34, § 664 (2019)
2019 US Virgin Islands Code|Title 34 - Welfare|Chapter 17 - Protected Communication Rights of Incapacitated Persons|§ 664. Requirements for restrictions on communications requested by guardian

 (a) A court may order restrictions placed on communications, visitations, or interactions a person may have with an incapacitated person upon a showing of good cause by the guardian. (b) In determining whether to issue an order in accordance with subsection (a), the court must consider the following factors: (1) Whether any protective order has been issued to protect the incapacitated person from the person seeking access to the incapacitated person; (2) Whether the person has been charged with abuse, neglect, or financial exploitation of the incapacitated person; (3) Whether the incapacitated person expresses a desire to communicate, visit, or interact with the person; (4) If the incapacitated person is unable to communicate, whether a properly executed living will, durable power of attorney, or advance directive contains a preference by the incapacitated person with regard to the person’s communication, visitation, or interaction with the incapacitated person; and (5) Any other factors the court considers relevant. (c) Before issuing an order under this section, the court must consider the following restrictions in the order listed: (1) Placing reasonable time, manner, or place restrictions on communication, visitation, or interaction between the incapacitated person and another person based on the history between the incapacitated person and the person or the incapacitated person’s wishes; (2) Requiring that communication, visitation, or interaction between the incapacitated person and another person be supervised; or (3) Denying communication, visitation, or interaction between the incapacitated person and another person. Unless the court finds that the person poses a threat to the incapacitated person, supervised communication, visitation, or interaction under subsection (c)(2) must be ordered before the denial of any communication, visitation, or interaction.
V.I. Code tit. 34, § 665 (2019)
2019 US Virgin Islands Code|Title 34 - Welfare|Chapter 17 - Protected Communication Rights of Incapacitated Persons|§ 665. Motion to remedy violation of § 662 or § 664

 (a) If any interested person, including the incapacitated person, reasonably believes that § 662 has been violated or an order issued under § 664 has been violated, then such person may move the court to: (1) require the guardian to grant a person access to the incapacitated person; (2) restrict, or further restrict, a person’s access to the incapacitated person: (3) modify the guardian’s duties; or (4) discharge and replace the guardian pursuant to 15 V.I.C. § 5-318. (b) Notwithstanding actions available to the court under subsection (a), a guardian who is found to be willfully isolating an incapacitated person and who has violated § 662 or has violated an order issued under § 664 is subject to discharge and replacement pursuant to 15 V.I.C. § 5-318
V.I. Code tit. 34, § 666 (2019)
2019 US Virgin Islands Code|Title 34 - Welfare|Chapter 17 - Protected Communication Rights of Incapacitated Persons|§ 666. Hearing on motion under § 663 or § 665

 (a) Except as provided in subsection (b), the court shall schedule a hearing on a motion filed under § 663 or § 665 no later than 60 days after the date the motion is filed. The court may, in its discretion, order the parties to attempt mediation before the hearing. If mediation results in agreement of the parties with regard to communication, visitation, or interaction with the incapacitated person, the agreement must be approved and memorialized in an order by the court. (b) If the motion alleges that the incapacitated person’s health is in significant decline or that the incapacitated person’s death may be imminent, the court shall conduct an emergency hearing as soon as practicable, but no later than 10 days after the motion is filed. (c) When a scheduling order is issued upon a motion filed under subsection (b), the court shall also order supervised communication, visitation, or interaction with the incapacitated person during the period before the hearing. (d) Notice of the hearing, a copy of the motion, and a copy of any order issue under subsection (c), if applicable, must be personally served upon the incapacitated person and any person against whom the motion is filed, and nothing in this chapter affects the incapacitated person’s right to appear and be heard in the proceedings.
V.I. Code tit. 34, § 667 (2019)
2019 US Virgin Islands Code|Title 34 - Welfare|Chapter 17 - Protected Communication Rights of Incapacitated Persons|§ 667. Awards and sanctions

 (a) The court may award the prevailing party in any action brought under this chapter court costs and reasonable attorneys’ fees. But an award of court costs or attorneys’ fees may not be paid out of the incapacitated person’s estate. (b) The court, upon motion or upon its own initiative, shall impose upon a guardian who is found to be willfully isolating an incapacitated person and who has violated § 662 or who has violated an order issued pursuant to § 664, an appropriate sanction, including an order to pay court costs and reasonable attorneys’ fees of the other party or parties. However, no sanction may be paid out of the incapacitated person’s estate.