HB 329

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

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