Senate Bill sb1360

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    Florida Senate - 2005                                  SB 1360

    By Senator Rich





    34-1069-05

  1                      A bill to be entitled

  2         An act relating to adult protective services;

  3         amending s. 415.102, F.S.; defining "neglect"

  4         to include actions of a vulnerable adult

  5         against himself or herself; amending s.

  6         415.1051, F.S.; providing that the Department

  7         of Children and Family Services may petition

  8         the court for an order authorizing the

  9         provision of protective services for a

10         vulnerable adult in need of services; providing

11         an effective date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  Subsection (15) of section 415.102, Florida

16  Statutes, is amended to read:

17         415.102  Definitions of terms used in ss.

18  415.101-415.113.--As used in ss. 415.101-415.113, the term:

19         (15)  "Neglect" means the failure or omission on the

20  part of the caregiver or vulnerable adult to provide the care,

21  supervision, and services necessary to maintain the physical

22  and mental health of the vulnerable adult, including, but not

23  limited to, food, clothing, medicine, shelter, supervision,

24  and medical services, that a prudent person would consider

25  essential for the well-being of a vulnerable adult. The term

26  "neglect" also means the failure of a caregiver or vulnerable

27  adult to make a reasonable effort to protect a vulnerable

28  adult from abuse, neglect, or exploitation by others.

29  "Neglect" is repeated conduct or a single incident of

30  carelessness which produces or could reasonably be expected to

31  

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    Florida Senate - 2005                                  SB 1360
    34-1069-05




 1  result in serious physical or psychological injury or a

 2  substantial risk of death.

 3         Section 2.  Subsection (1) of section 415.1051, Florida

 4  Statutes, is amended to read:

 5         415.1051  Protective services interventions when

 6  capacity to consent is lacking; nonemergencies; emergencies;

 7  orders; limitations.--

 8         (1)  NONEMERGENCY PROTECTIVE SERVICES

 9  INTERVENTIONS.--If the department has reasonable cause to

10  believe that a vulnerable adult or a vulnerable adult in need

11  of services is being abused, neglected, or exploited and is in

12  need of protective services but lacks the capacity to consent

13  to protective services, the department shall petition the

14  court for an order authorizing the provision of protective

15  services.

16         (a)  Nonemergency protective services petition.--The

17  petition must state the name, age, and address of the

18  vulnerable adult, allege specific facts sufficient to show

19  that the vulnerable adult is in need of protective services

20  and lacks the capacity to consent to them, and indicate the

21  services needed.

22         (b)  Notice.--Notice of the filing of the petition and

23  a copy of the petition must be given to the vulnerable adult,

24  to that person's spouse, guardian, and legal counsel, and,

25  when known, to the adult children or next of kin of the

26  vulnerable adult.  Such notice must be given at least 5 days

27  before the hearing.

28         (c)  Hearing.--

29         1.  The court shall set the case for hearing within 14

30  days after the filing of the petition.  The vulnerable adult

31  and any person given notice of the filing of the petition have

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    Florida Senate - 2005                                  SB 1360
    34-1069-05




 1  the right to be present at the hearing. The department must

 2  make reasonable efforts to ensure the presence of the

 3  vulnerable adult at the hearing.

 4         2.  The vulnerable adult has the right to be

 5  represented by legal counsel at the hearing. The court shall

 6  appoint legal counsel to represent a vulnerable adult who is

 7  without legal representation.

 8         3.  The court shall determine whether:

 9         a.  Protective services, including in-home services,

10  are necessary.

11         b.  The vulnerable adult lacks the capacity to consent

12  to the provision of such services.

13         (d)  Hearing findings.--If at the hearing the court

14  finds by clear and convincing evidence that the vulnerable

15  adult is in need of protective services and lacks the capacity

16  to consent, the court may issue an order authorizing the

17  provision of protective services.  If an order for protective

18  services is issued, it must include a statement of the

19  services to be provided and designate an individual or agency

20  to be responsible for performing or obtaining the essential

21  services on behalf of the vulnerable adult or otherwise

22  consenting to protective services on behalf of the vulnerable

23  adult.

24         (e)  Continued protective services.--

25         1.  No more than 60 days after the date of the order

26  authorizing the provision of protective services, the

27  department shall petition the court to determine whether:

28         a.  Protective services will be continued with the

29  consent of the vulnerable adult pursuant to subsection (1);

30         b.  Protective services will be continued for the

31  vulnerable adult who lacks capacity;

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    Florida Senate - 2005                                  SB 1360
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 1         c.  Protective services will be discontinued; or

 2         d.  A petition for guardianship should be filed

 3  pursuant to chapter 744.

 4         2.  If the court determines that a petition for

 5  guardianship should be filed pursuant to chapter 744, the

 6  court, for good cause shown, may order continued protective

 7  services until it makes a determination regarding capacity.

 8         (f)  Costs.--The costs of services ordered under this

 9  section must be paid by the perpetrator if the perpetrator is

10  financially able to do so; or by third-party reimbursement, if

11  available.  If the vulnerable adult is unable to pay for

12  guardianship, application may be made to the public guardian

13  for public guardianship services, if available.

14         Section 3.  This act shall take effect upon becoming a

15  law.

16  

17            *****************************************

18                          SENATE SUMMARY

19    Redefines the term "neglect" to include the neglect a
      vulnerable adult can inflict on himself or herself.
20    Includes a vulnerable adult in need of services among
      persons for whom the Department of Children and Family
21    Services may petition the court to provide protective
      services.
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