| 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. |