House Bill 4167
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Florida House of Representatives - 1998 HB 4167
By the Committee on Elder Affairs & Long Term Care and
Representatives Brooks, Jacobs, Argenziano, Carlton, Wiles,
Reddick and Barreiro
1 A bill to be entitled
2 An act relating to adult abuse, neglect, and
3 exploitation; amending ss. 415.102 and
4 415.1102, F.S.; deleting references to
5 self-neglect from provisions relating to adult
6 protective services cases and reports; defining
7 "disabled adult in need of services" and
8 "elderly person in need of services"; amending
9 s. 415.1045, F.S.; providing for determinations
10 in onsite protective investigations that
11 certain persons are persons in need of
12 services; amending s. 415.105, F.S.; providing
13 for referral of such persons to programs of the
14 Department of Elderly Affairs; amending s.
15 415.1055, F.S.; providing that no
16 classification or notification is required for
17 reports resulting in such determinations;
18 amending s. 415.1065, F.S.; providing for
19 retention and expunction of records of such
20 reports; amending s. 430.205, F.S.; revising
21 circumstances under which certain elderly
22 persons must receive primary consideration for
23 community-care-for-the-elderly services;
24 defining "primary consideration"; providing an
25 effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
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29 Section 1. Subsection (5) of section 415.102, Florida
30 Statutes, is amended, subsection (11) is renumbered as
31 subsection (12), present subsections (12) through (35) are
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Florida House of Representatives - 1998 HB 4167
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1 renumbered as subsections (14) through (37), respectively, and
2 new subsections (11) and (13) are added to said section, to
3 read:
4 415.102 Definitions of terms used in ss.
5 415.101-415.113.--As used in ss. 415.101-415.113, the term:
6 (5) "Closed without classification" means the closure
7 of a report in which an adult protective investigator
8 determines that:
9 (a) Some evidence exists that abuse, neglect, or
10 exploitation has occurred, but a preponderance of evidence
11 cannot be established; or
12 (b) A preponderance of the evidence exists that abuse,
13 neglect, or exploitation has occurred, but no perpetrator can
14 be identified.; or
15 (c) Self-neglect is the sole cause of the neglect.
16 (11) "Disabled adult in need of services" means a
17 disabled adult who has been determined by an adult protective
18 services investigator to be suffering from the ill effects of
19 neglect not caused by a second party perpetrator and is in
20 need of protective services or other services to prevent
21 further harm.
22 (13) "Elderly person in need of services" means an
23 elderly person who has been determined by an adult protective
24 services investigator to be suffering from the ill effects of
25 neglect not caused by a second party perpetrator and is in
26 need of protective services or other services to prevent
27 further harm.
28 Section 2. Paragraphs (b) through (f) of subsection
29 (2) of section 415.1045, Florida Statutes, are redesignated as
30 paragraphs (c) through (g), respectively, and a new paragraph
31 (b) is added to said subsection to read:
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Florida House of Representatives - 1998 HB 4167
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1 415.1045 Protective investigations; onsite
2 investigations; photographs, videotapes, and medical
3 examinations; abrogation of privileged communications;
4 confidential records and documents; classification or closure
5 of records.--
6 (2) ONSITE INVESTIGATIONS.--For each report it
7 receives, the department shall perform an onsite investigation
8 to:
9 (b) Determine whether the person is a disabled adult
10 in need of services or an elderly person in need of services,
11 as defined in s. 415.102.
12 Section 3. Subsection (1) of section 415.105, Florida
13 Statutes, is amended to read:
14 415.105 Provision of protective services with consent;
15 withdrawal of consent.--
16 (1) PROTECTIVE SERVICES WITH CONSENT.--If the
17 department determines through its investigation that a
18 disabled adult or an elderly person demonstrates a need for
19 protective services or protective supervision, the department
20 shall immediately provide, or arrange for the provision of,
21 protective services or protective supervision, including
22 in-home services, provided that the disabled adult or elderly
23 person consents. A disabled person in need of services as
24 defined in s. 415.102 shall be referred to the community care
25 for disabled adults program. An elderly person in need of
26 services as defined in s. 415.102 shall be referred to the
27 community care for the elderly program administered by the
28 Department of Elderly Affairs.
29 Section 4. Paragraph (d) of subsection (2) of section
30 415.1055, Florida Statutes, is redesignated as paragraph (e),
31 and a new paragraph (d) is added to said section to read:
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1 415.1055 Notification to administrative entities,
2 subjects, and reporters; notification to law enforcement and
3 state attorneys.--
4 (2) NOTIFICATION TO OTHER PERSONS.--
5 (d) In the case of a report that has been determined
6 by an adult protective services investigator to be either a
7 disabled adult in need of services or an elderly person in
8 need of services, as defined in s. 415.102, no classification
9 of the report shall be made and no notification shall be
10 required.
11 Section 5. Subsections (6), (7), and (8) of section
12 415.1065, Florida Statutes, are renumbered as subsections (7),
13 (8), and (9), respectively, and a new subsection (6) is added
14 to said section, to read:
15 415.1065 Records management.--All records must be
16 maintained in their entirety for their full retention period,
17 except as otherwise provided in this section:
18 (6) RECORDS OF REPORTS CLOSED AS DISABLED ADULT IN
19 NEED OF SERVICES OR ELDERLY PERSON IN NEED OF SERVICES.--The
20 department may retain the records of reports determined to be
21 a disabled adult in need of services or an elderly person in
22 need of services for up to 1 year for purposes of facilitating
23 the provision of services, program performance reporting, and
24 research and statistical analysis. After 1 year the record
25 must be expunged in its entirety.
26 Section 6. Paragraph (c) of subsection (2) of section
27 415.1102, Florida Statutes, is amended to read:
28 415.1102 Adult protection teams; services; eligible
29 cases.--Subject to an appropriation, the department may
30 develop, maintain, and coordinate the services of one or more
31 multidisciplinary adult protection teams in each of the
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1 districts of the department. Such teams may be composed of,
2 but need not be limited to, representatives of appropriate
3 health, mental health, social service, legal service, and law
4 enforcement agencies.
5 (2) The adult abuse, neglect, or exploitation cases
6 that are appropriate for referral by the adult protective
7 services program to adult protection teams for supportive
8 services include, but are not limited to, cases involving:
9 (c) Reported medical, physical, or emotional neglect,
10 either self or second party, of a disabled adult or an elderly
11 person.
12 Section 7. Subsection (5) of section 430.205, Florida
13 Statutes, is amended to read:
14 430.205 Community care service system.--
15 (5) Any person who has been classified as a
16 functionally impaired elderly person is eligible to receive
17 community-care-for-the-elderly core services. Those elderly
18 persons who are determined by adult protective services to be
19 elderly persons in need of services, pursuant to s.
20 415.1045(2)(b), or to be the functional assessment to be at
21 risk of institutionalization and victims of abuse, neglect, or
22 exploitation who are in need of immediate services to prevent
23 further harm and are referred by adult protective services,
24 shall be given primary consideration for receiving
25 community-care-for-the-elderly services. "Primary
26 consideration" means that an assessment and services shall
27 commence within 72 hours after referral to the department,
28 according to the protocols established in written agreements
29 between adult protective services and the responsible local
30 agencies designated through contracts by the department.
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Florida House of Representatives - 1998 HB 4167
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1 Section 8. This act shall take effect July 1 of the
2 year in which enacted.
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5 HOUSE SUMMARY
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Removes references to self-neglect from provisions
7 relating to adult protective services cases and reports.
Defines "disabled adult in need of services" and "elderly
8 persons in need of services." Provides for determinations
in onsite protective investigations that certain persons
9 are persons in need of services. Provides for referral of
such persons to programs of the Department of Elderly
10 Affairs. Provides that no classification or notification
is required for reports resulting in such determinations.
11 Authorizes the department to retain records of such
reports for up to 1 year, and requires expunction
12 thereafter. Revises circumstances under which certain
elderly persons must receive primary consideration for
13 community-care-for-the-elderly services, and defines
"primary consideration."
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