47.0803 Duties of Department of Public Health.

Cite as [A.S.C.A. 47.0803]

(a) The Department of Public Health shall make available to practitioners and health care facilities a written notice of the rights of victims and remedies and services available to victims of domestic or family violence in accordance with subsection(c).

(b) A practitioner who becomes aware that a patient is a victim of domestic or family violence shall provide to the patient and every health care facility shall make available to all patients the notice provided pursuant to subsection(a).

(c) The notice to victims of domestic or family violence must be substantially as follows:

"If you are the victim of domestic or family violence and you believe that law enforcement protection is needed for your physical safety, you have the right to request that an officer assist in providing for your safety, including asking for an emergency order for protection. You may also request that the officer assist you in obtaining your essential personal effects and locating and taking you to a safe place including but not limited to a designated meeting place for a shelter, a family member?s or a friend?s residence, or a similar place of safety. If you are in need of medical treatment, you have the right to request that the officer assist you in obtaining medical treatment. You may request a copy of the report at no cost from the law enforcement department. You may ask the prosecuting attorney to file a criminal complaint. You also have the right to file a petition in the High Court requesting an order for protection from domestic or family violence which could include any of the following orders:

(1) An order enjoining your abuser from threatening to commit or committing further acts of domestic or family violence;

(2) An order granting you possession and use of the automobile and other essential personal effects;

(3) An order granting you custody of your child or children;

(4) An order denying your abuser visitation;

(5) An order specifying arrangements for visitation, including requiring supervised visitation; and

(6) An order requiring your abuser to pay certain costs and fees, such as rent or mortgage payments, child support payments, medical expenses, expenses for shelter, court costs, and attorney?s fees.

The forms you need to obtain an order for protection are available from the Department f Human and Social Services or the Office of the Attorney General. The resources are available in this community for information relating to domestic and family violence, treatment of injuries, and places of safety and shelters. You also have the right to seek reimbursement for losses suffered as a result of the abuse, including medical and moving expenses, loss of earnings or support, and other expenses for injuries sustained and damage to your property. This can be done without an attorney in small claims court if the total amount claimed is less than $3,000".

(d) The written notice:

(1) Must not include the addresses of shelters, unless the location is public knowledge.

(2) Must be provided in Samoan and English or in the native language of the victim, if practicable.

History: 2004, PL 28-16.