HB 0329CS

CHAMBER ACTION




1The Elder & Long-Term Care Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to adult protective services; amending s.
7415.102, F.S.; redefining the terms "abuse" and "neglect";
8amending s. 415.1051, F.S.; providing that the Department
9of Children and Family Services may petition the court for
10an order authorizing protective services for a vulnerable
11adult in need of services; amending s. 415.107, F.S.;
12authorizing the Agency for Persons with Disabilities to
13have access to certain confidential records relating to
14abuse, neglect, or exploitation of vulnerable adults;
15authorizing certain entities to use certain confidential
16information in the central abuse hotline and the automated
17abuse information system for certain purposes; providing
18an effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  Subsections (1) and (15) of section 415.102,
23Florida Statutes, are amended to read:
24     415.102  Definitions of terms used in ss. 415.101-
25415.113.--As used in ss. 415.101-415.113, the term:
26     (1)  "Abuse" means any willful act or threatened act by a
27relative, caregiver, or household member that causes or is
28likely to cause significant impairment to a vulnerable adult's
29physical, mental, or emotional health. Abuse includes acts and
30omissions.
31     (15)  "Neglect" means the failure or omission on the part
32of the caregiver or vulnerable adult to provide the care,
33supervision, and services necessary to maintain the physical and
34mental health of the vulnerable adult, including, but not
35limited to, food, clothing, medicine, shelter, supervision, and
36medical services, that a prudent person would consider essential
37for the well-being of a vulnerable adult. The term "neglect"
38also means the failure of a caregiver or vulnerable adult to
39make a reasonable effort to protect a vulnerable adult from
40abuse, neglect, or exploitation by others. "Neglect" is repeated
41conduct or a single incident of carelessness which produces or
42could reasonably be expected to result in serious physical or
43psychological injury or a substantial risk of death.
44     Section 2.  Subsection (1) of section 415.1051, Florida
45Statutes, is amended to read:
46     415.1051  Protective services interventions when capacity
47to consent is lacking; nonemergencies; emergencies; orders;
48limitations.--
49     (1)  NONEMERGENCY PROTECTIVE SERVICES INTERVENTIONS.--If
50the department has reasonable cause to believe that a vulnerable
51adult or a vulnerable adult in need of services is being abused,
52neglected, or exploited and is in need of protective services
53but lacks the capacity to consent to protective services, the
54department shall petition the court for an order authorizing the
55provision of protective services.
56     (a)  Nonemergency protective services petition.--The
57petition must state the name, age, and address of the vulnerable
58adult, allege specific facts sufficient to show that the
59vulnerable adult is in need of protective services and lacks the
60capacity to consent to them, and indicate the services needed.
61     (b)  Notice.--Notice of the filing of the petition and a
62copy of the petition must be given to the vulnerable adult, to
63that person's spouse, guardian, and legal counsel, and, when
64known, to the adult children or next of kin of the vulnerable
65adult. Such notice must be given at least 5 days before the
66hearing.
67     (c)  Hearing.--
68     1.  The court shall set the case for hearing within 14 days
69after the filing of the petition. The vulnerable adult and any
70person given notice of the filing of the petition have the right
71to be present at the hearing. The department must make
72reasonable efforts to ensure the presence of the vulnerable
73adult at the hearing.
74     2.  The vulnerable adult has the right to be represented by
75legal counsel at the hearing. The court shall appoint legal
76counsel to represent a vulnerable adult who is without legal
77representation.
78     3.  The court shall determine whether:
79     a.  Protective services, including in-home services, are
80necessary.
81     b.  The vulnerable adult lacks the capacity to consent to
82the provision of such services.
83     (d)  Hearing findings.--If at the hearing the court finds
84by clear and convincing evidence that the vulnerable adult is in
85need of protective services and lacks the capacity to consent,
86the court may issue an order authorizing the provision of
87protective services. If an order for protective services is
88issued, it must include a statement of the services to be
89provided and designate an individual or agency to be responsible
90for performing or obtaining the essential services on behalf of
91the vulnerable adult or otherwise consenting to protective
92services on behalf of the vulnerable adult.
93     (e)  Continued protective services.--
94     1.  No more than 60 days after the date of the order
95authorizing the provision of protective services, the department
96shall petition the court to determine whether:
97     a.  Protective services will be continued with the consent
98of the vulnerable adult pursuant to subsection (1);
99     b.  Protective services will be continued for the
100vulnerable adult who lacks capacity;
101     c.  Protective services will be discontinued; or
102     d.  A petition for guardianship should be filed pursuant to
103chapter 744.
104     2.  If the court determines that a petition for
105guardianship should be filed pursuant to chapter 744, the court,
106for good cause shown, may order continued protective services
107until it makes a determination regarding capacity.
108     (f)  Costs.--The costs of services ordered under this
109section must be paid by the perpetrator if the perpetrator is
110financially able to do so; or by third-party reimbursement, if
111available. If the vulnerable adult is unable to pay for
112guardianship, application may be made to the public guardian for
113public guardianship services, if available.
114     Section 3.  Paragraph (a) of subsection (3) and subsection
115(8) of section 415.107, Florida Statutes, are amended to read:
116     415.107  Confidentiality of reports and records.--
117     (3)  Access to all records, excluding the name of the
118reporter which shall be released only as provided in subsection
119(6), shall be granted only to the following persons, officials,
120and agencies:
121     (a)  Employees or agents of the department, of the Agency
122for Health Care Administration, the Agency for Persons with
123Disabilities, or of the Department of Elderly Affairs who are
124responsible for carrying out protective investigations, ongoing
125protective services, or licensure or approval of nursing homes,
126assisted living facilities, adult day care centers, adult
127family-care homes, home care for the elderly, hospices, or other
128facilities used for the placement of vulnerable adults.
129     (8)  Information in the central abuse hotline may not be
130used for employment screening, except as provided in paragraphs
131(3)(a) and (h). Information in the central abuse hotline and the
132department's automated abuse information system may be used by
133the department, the department's authorized agents or contract
134providers, the Agency for Persons with Disabilities, the Agency
135for Health Care Administration, the Department of Elderly
136Affairs, the Department of Health, or county agencies as a part
137of the licensure or approval process pursuant to ss. 393.067-
138393.0678, parts II-VIII of chapter 400, and ss. 410.031-410.037.
139     Section 4.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.