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2004 SESSION

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HB 952 Adult protective serv.; change in prov., Com. of Dept. of Soc. Serv. to report on adult abuse, etc.

Introduced by: Adam P. Ebbin | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Adult Protective Services; reporting and investigation procedures; adult fatality review teams; penalties. Revises and adds new provisions to existing adult protective services law, including reporting and investigation procedures. The bill requires local departments of social services to initiate investigations of suspected adult abuse, neglect or exploitation within 24 hours of receiving a valid report, and requires them to notify the appropriate law-enforcement agency when in receipt of reports involving sexual abuse, serious bodily injury or disease believed to be the result of abuse or neglect, or criminal activity involving abuse or neglect that places the adult in imminent danger of death or serious bodily harm. When denied access to an adult in need of protective services, local departments are given authority to seek a court order, upon a showing of good cause, permitting such access.

The bill adds guardians, conservators and emergency medical services personnel to the list of persons who, acting in their official capacities, are required to report suspected cases of adult abuse, neglect or exploitation, and clarifies other mandated reporter provisions. Mandated reporters are required to report such matters to local departments or to the hotline immediately, and employers of mandated reporters must notify them of this requirement upon hiring. The bill adds employees of accounting firms to the financial personnel listed under the voluntary reporter provisions.

Anyone 14 years of age or older who knowingly makes a false report of adult abuse is guilty of a Class 4 misdemeanor, and a Class 2 misdemeanor for subsequent false reports. The bill also increases the initial time period in which involuntary adult protective services may be provided through an appropriate court order from five to 15 days.

Enactment clauses require (i) the Department of Social Services to develop a plan to educate newly mandated reporters on adult abuse, neglect and exploitation, and the delay of penalty provisions on newly mandated reporters until the delivery of such training; and (ii) the Secretary, in consultation with the Departments of Social Services and Health and other state and local entities, to establish procedures and cost estimates for the operation of adult fatality review teams to review suspicious deaths of vulnerable adults. This bill is identical to SB 318.

SUMMARY AS PASSED HOUSE:

Adult Protective Services; reporting and investigation procedures; adult fatality review teams; penalties. Revises and adds new provisions to existing adult protective services law, including reporting and investigation procedures. The bill requires local departments of social services to initiate investigations of suspected adult abuse, neglect or exploitation within 24 hours of receiving a valid report, and requires them to notify the appropriate law-enforcement agency when in receipt of reports involving sexual abuse, serious bodily injury or disease believed to be the result of abuse or neglect, or criminal activity involving abuse or neglect that places the adult in imminent danger of death or serious bodily harm. When denied access to an adult in need of protective services, local departments are empowered with the authority to seek a court order, upon a showing of good cause, permitting such access.

The bill adds emergency medical services personnel to the list of persons who, acting in their official capacities, are required to report suspected cases of adult abuse, neglect or exploitation, and clarifies other mandated reporter provisions. Mandated reporters are required to report such matters to local departments or to the hotline immediately, and employers of mandated reporters must notify them of this requirement upon hiring. The bill adds employees of accounting firms to the financial personnel listed under the voluntary reporter provisions.

Anyone 14 years of age or older who knowingly makes a false report of adult abuse is guilty of a Class 4 misdemeanor, and a Class 2 misdemeanor for subsequent false reports. The bill also increases the initial time period in which involuntary adult protective services may be provided through an appropriate court order from five to 15 days.

A series of enactment clauses require (i) the Department of Social Services to develop a plan to educate newly mandated reporters on adult abuse, neglect and exploitation, and the delay of penalty provisions on newly mandated reporters until the delivery of such training; (ii) the Department in consultation with the Health Department and other state and local entities to establish procedures and cost estimates for the operation of adult fatality review teams to review suspicious deaths of vulnerable adults; and (iii) the Commissioner in consultation with stakeholders to identify additional categories of mandated reporters.

SUMMARY AS INTRODUCED:

Adult Protective Services; Adult Fatality Review Team; Adult Protective Services Trust Fund; penalties. Revises portions of existing adult protective services law, including reporting and investigation procedures of suspected adult abuse, neglect or exploitation. The bill requires the Department to initiate investigations of suspected adult abuse, neglect or exploitation within 24 hours of receiving a valid report in emergency situations, and no later than five days in all other situations. Local departments are required to notify the appropriate law-enforcement agency when in receipt of reports involving sexual abuse, serious bodily injury or disease, or criminal activity that places the adult in imminent danger of death or serious bodily harm.

The bill adds persons certified or registered by health regulatory boards, certain mental health services providers, guardians and conservators, and other care providers to the list of persons who, acting in their official capacities, are mandated to report suspected cases of adult abuse, neglect or exploitation. Such persons must report cases to local departments or to the hotline immediately if the adult is in imminent danger of death or seriously bodily harm, or within 48 hours for all other cases. Similarly, the bill adds employees of accounting firms to the list of financial personnel required to report suspected cases of adult exploitation. Criminal penalties for anyone 14 years of age or older knowingly making a false report of adult abuse are established as a Class 4 misdemeanor, and a Class 2 misdemeanor for conviction of a subsequent false report. The bill also increases the initial time period in which adult protective services may be provided through an appropriate court order from five to 15 days.

The bill establishes the Adult Protective Services Trust Fund as a special nonreverting fund within the state treasury. All civil penalties collected under the mandatory reporting provisions, and all other such moneys as may be allocated to the Fund, are to be disbursed for the development and operation of the adult protective services program.

Finally, the bill establishes the Adult Fatality Review Team ("Team") to develop procedures to ensure that deaths involving abuse or neglect of adults age 60 or older, or incapacitated adults age 18 or older, are analyzed in a systematic way in order to help prevent such suspicious deaths in the future. The Team is chaired by the Chief Medical Examiner and is composed of various state and local agency and law-enforcement personnel. The Team's powers, duties and Virginia Administrative Process Act and Virginia Freedom of Information Act exemptions are modeled after those currently existing for the Child Fatality Review Team.