HB 0329

CS

CHAMBER ACTION

1	The Civil Justice Committee recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to adult protective services; amending s.
7	415.102, F.S.; redefining the term "abuse" to include
8	actions by a relative or a household member which are
9	likely to harm a vulnerable adult; redefining the term
10	"neglect" to include actions of a vulnerable adult against
11	himself or herself; amending s. 415.1051, F.S.; providing
12	for the Department of Children and Family Services to
13	petition the court for an order authorizing the provision
14	of protective services for a vulnerable adult in need of
15	services; amending s. 415.107, F.S.; authorizing the
16	Agency for Persons with Disabilities to have access to
17	certain otherwise confidential records and reports;
18	providing an effective date.
19
20	Be It Enacted by the Legislature of the State of Florida:
21
22	Section 1.  Subsections (1) and (15) of section 415.102,
23	Florida Statutes, are amended to read:
24	415.102  Definitions of terms used in ss. 415.101-
25	415.113.--As used in ss. 415.101-415.113, the term:
26	(1)  "Abuse" means any willful act or threatened act by a
27	relative, caregiver, or household member which that causes or is
28	likely to cause significant impairment to a vulnerable adult's
29	physical, mental, or emotional health. Abuse includes acts and
30	omissions.
31	(15)  "Neglect" means the failure or omission on the part
32	of the caregiver or vulnerable adult to provide the care,
33	supervision, and services necessary to maintain the physical and
34	mental health of the vulnerable adult, including, but not
35	limited to, food, clothing, medicine, shelter, supervision, and
36	medical services, which that a prudent person would consider
37	essential for the well-being of a vulnerable adult. The term
38	"neglect" also means the failure of a caregiver or vulnerable
39	adult to make a reasonable effort to protect a vulnerable adult
40	from abuse, neglect, or exploitation by others. "Neglect" is
41	repeated conduct or a single incident of carelessness which
42	produces or could reasonably be expected to result in serious
43	physical or psychological injury or a substantial risk of death.
44	Section 2.  Subsection (1) of section 415.1051, Florida
45	Statutes, is amended to read:
46	415.1051  Protective services interventions when capacity
47	to consent is lacking; nonemergencies; emergencies; orders;
48	limitations.--
49	(1)  NONEMERGENCY PROTECTIVE SERVICES INTERVENTIONS.--If
50	the department has reasonable cause to believe that a vulnerable
51	adult or a vulnerable adult in need of services is being abused,
52	neglected, or exploited and is in need of protective services
53	but lacks the capacity to consent to protective services, the
54	department shall petition the court for an order authorizing the
55	provision of protective services.
56	(a)  Nonemergency protective services petition.--The
57	petition must state the name, age, and address of the vulnerable
58	adult, allege specific facts sufficient to show that the
59	vulnerable adult is in need of protective services and lacks the
60	capacity to consent to them, and indicate the services needed.
61	(b)  Notice.--Notice of the filing of the petition and a
62	copy of the petition must be given to the vulnerable adult, to
63	that person's spouse, guardian, and legal counsel, and, when
64	known, to the adult children or next of kin of the vulnerable
65	adult.  Such notice must be given at least 5 days before the
66	hearing.
67	(c)  Hearing.--
68	1.  The court shall set the case for hearing within 14 days
69	after the filing of the petition.  The vulnerable adult and any
70	person given notice of the filing of the petition have the right
71	to be present at the hearing. The department must make
72	reasonable efforts to ensure the presence of the vulnerable
73	adult at the hearing.
74	2.  The vulnerable adult has the right to be represented by
75	legal counsel at the hearing. The court shall appoint legal
76	counsel to represent a vulnerable adult who is without legal
77	representation.
78	3.  The court shall determine whether:
79	a.  Protective services, including in-home services, are
80	necessary.
81	b.  The vulnerable adult lacks the capacity to consent to
82	the provision of such services.
83	(d)  Hearing findings.--If at the hearing the court finds
84	by clear and convincing evidence that the vulnerable adult is in
85	need of protective services and lacks the capacity to consent,
86	the court may issue an order authorizing the provision of
87	protective services.  If an order for protective services is
88	issued, it must include a statement of the services to be
89	provided and designate an individual or agency to be responsible
90	for performing or obtaining the essential services on behalf of
91	the vulnerable adult or otherwise consenting to protective
92	services on behalf of the vulnerable adult.
93	(e)  Continued protective services.--
94	1.  No more than 60 days after the date of the order
95	authorizing the provision of protective services, the department
96	shall petition the court to determine whether:
97	a.  Protective services will be continued with the consent
98	of the vulnerable adult pursuant to subsection (1);
99	b.  Protective services will be continued for the
100	vulnerable adult who lacks capacity;
101	c.  Protective services will be discontinued; or
102	d.  A petition for guardianship should be filed pursuant to
103	chapter 744.
104	2.  If the court determines that a petition for
105	guardianship should be filed pursuant to chapter 744, the court,
106	for good cause shown, may order continued protective services
107	until it makes a determination regarding capacity.
108	(f)  Costs.--The costs of services ordered under this
109	section must be paid by the perpetrator if the perpetrator is
110	financially able to do so; or by third-party reimbursement, if
111	available.  If the vulnerable adult is unable to pay for
112	guardianship, application may be made to the public guardian for
113	public guardianship services, if available.
114	Section 3.  Paragraphs (a) and (h) of subsection (3) of
115	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
118	reporter which shall be released only as provided in subsection
119	(6), shall be granted only to the following persons, officials,
120	and agencies:
121	(a)  Employees or agents of the department, of the Agency
122	for Health Care Administration, the Agency for Persons with
123	Disabilities, or of the Department of Elderly Affairs who are
124	responsible for carrying out protective investigations, ongoing
125	protective services, or licensure or approval of nursing homes,
126	assisted living facilities, adult day care centers, adult
127	family-care homes, home care for the elderly, hospices, or other
128	facilities used for the placement of vulnerable adults.
129	(h)  Any appropriate official of the department, of the
130	Agency for Health Care Administration, the Agency for Persons
131	with Disabilities, or of the Department of Elderly Affairs who
132	is responsible for:
133	1.  Administration or supervision of the programs for the
134	prevention, investigation, or treatment of abuse, neglect, or
135	exploitation of vulnerable adults when carrying out an official
136	function; or
137	2.  Taking appropriate administrative action concerning an
138	employee alleged to have perpetrated abuse, neglect, or
139	exploitation of a vulnerable adult in an institution.
140	Section 4.  This act shall take effect upon becoming a law.

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