1 | A bill to be entitled |
2 | An act relating to adult protective services; amending s. |
3 | 415.102, F.S.; redefining "neglect" to include actions of |
4 | a vulnerable adult against himself or herself; amending s. |
5 | 415.1051, F.S.; providing that the Department of Children |
6 | and Family Services may petition the court for an order |
7 | authorizing protective services for a vulnerable adult in |
8 | need of services; providing an effective date. |
9 |
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10 | Be It Enacted by the Legislature of the State of Florida: |
11 |
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12 | Section 1. Subsection (15) of section 415.102, Florida |
13 | Statutes, is amended to read: |
14 | 415.102 Definitions of terms used in ss. 415.101- |
15 | 415.113.--As used in ss. 415.101-415.113, the term: |
16 | (15) "Neglect" means the failure or omission on the part |
17 | of the caregiver or vulnerable adult to provide the care, |
18 | supervision, and services necessary to maintain the physical and |
19 | mental health of the vulnerable adult, including, but not |
20 | limited to, food, clothing, medicine, shelter, supervision, and |
21 | medical services, that a prudent person would consider essential |
22 | for the well-being of a vulnerable adult. The term "neglect" |
23 | also means the failure of a caregiver or vulnerable adult to |
24 | make a reasonable effort to protect a vulnerable adult from |
25 | abuse, neglect, or exploitation by others. "Neglect" is repeated |
26 | conduct or a single incident of carelessness which produces or |
27 | could reasonably be expected to result in serious physical or |
28 | psychological injury or a substantial risk of death. |
29 | Section 2. Subsection (1) of section 415.1051, Florida |
30 | Statutes, is amended to read: |
31 | 415.1051 Protective services interventions when capacity |
32 | to consent is lacking; nonemergencies; emergencies; orders; |
33 | limitations.-- |
34 | (1) NONEMERGENCY PROTECTIVE SERVICES INTERVENTIONS.--If |
35 | the department has reasonable cause to believe that a vulnerable |
36 | adult or vulnerable adult in need of services is being abused, |
37 | neglected, or exploited and is in need of protective services |
38 | but lacks the capacity to consent to protective services, the |
39 | department shall petition the court for an order authorizing the |
40 | provision of protective services. |
41 | (a) Nonemergency protective services petition.--The |
42 | petition must state the name, age, and address of the vulnerable |
43 | adult, allege specific facts sufficient to show that the |
44 | vulnerable adult is in need of protective services and lacks the |
45 | capacity to consent to them, and indicate the services needed. |
46 | (b) Notice.--Notice of the filing of the petition and a |
47 | copy of the petition must be given to the vulnerable adult, to |
48 | that person's spouse, guardian, and legal counsel, and, when |
49 | known, to the adult children or next of kin of the vulnerable |
50 | adult. Such notice must be given at least 5 days before the |
51 | hearing. |
52 | (c) Hearing.-- |
53 | 1. The court shall set the case for hearing within 14 days |
54 | after the filing of the petition. The vulnerable adult and any |
55 | person given notice of the filing of the petition have the right |
56 | to be present at the hearing. The department must make |
57 | reasonable efforts to ensure the presence of the vulnerable |
58 | adult at the hearing. |
59 | 2. The vulnerable adult has the right to be represented by |
60 | legal counsel at the hearing. The court shall appoint legal |
61 | counsel to represent a vulnerable adult who is without legal |
62 | representation. |
63 | 3. The court shall determine whether: |
64 | a. Protective services, including in-home services, are |
65 | necessary. |
66 | b. The vulnerable adult lacks the capacity to consent to |
67 | the provision of such services. |
68 | (d) Hearing findings.--If at the hearing the court finds |
69 | by clear and convincing evidence that the vulnerable adult is in |
70 | need of protective services and lacks the capacity to consent, |
71 | the court may issue an order authorizing the provision of |
72 | protective services. If an order for protective services is |
73 | issued, it must include a statement of the services to be |
74 | provided and designate an individual or agency to be responsible |
75 | for performing or obtaining the essential services on behalf of |
76 | the vulnerable adult or otherwise consenting to protective |
77 | services on behalf of the vulnerable adult. |
78 | (e) Continued protective services.-- |
79 | 1. No more than 60 days after the date of the order |
80 | authorizing the provision of protective services, the department |
81 | shall petition the court to determine whether: |
82 | a. Protective services will be continued with the consent |
83 | of the vulnerable adult pursuant to subsection (1); |
84 | b. Protective services will be continued for the |
85 | vulnerable adult who lacks capacity; |
86 | c. Protective services will be discontinued; or |
87 | d. A petition for guardianship should be filed pursuant to |
88 | chapter 744. |
89 | 2. If the court determines that a petition for |
90 | guardianship should be filed pursuant to chapter 744, the court, |
91 | for good cause shown, may order continued protective services |
92 | until it makes a determination regarding capacity. |
93 | (f) Costs.--The costs of services ordered under this |
94 | section must be paid by the perpetrator if the perpetrator is |
95 | financially able to do so; or by third-party reimbursement, if |
96 | available. If the vulnerable adult is unable to pay for |
97 | guardianship, application may be made to the public guardian for |
98 | public guardianship services, if available. |
99 | Section 3. This act shall take effect upon becoming a law. |