| 1 | The Elder & Long-Term Care Committee recommends the following: |
| 2 |
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| 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 terms "abuse" and "neglect"; |
| 8 | amending s. 415.1051, F.S.; providing that the Department |
| 9 | of Children and Family Services may petition the court for |
| 10 | an order authorizing protective services for a vulnerable |
| 11 | adult in need of services; amending s. 415.107, F.S.; |
| 12 | authorizing the Agency for Persons with Disabilities to |
| 13 | have access to certain confidential records relating to |
| 14 | abuse, neglect, or exploitation of vulnerable adults; |
| 15 | authorizing certain entities to use certain confidential |
| 16 | information in the central abuse hotline and the automated |
| 17 | abuse information system for certain purposes; providing |
| 18 | an effective date. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 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 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, that a prudent person would consider essential |
| 37 | for the well-being of a vulnerable adult. The term "neglect" |
| 38 | also means the failure of a caregiver or vulnerable adult to |
| 39 | make a reasonable effort to protect a vulnerable adult from |
| 40 | abuse, neglect, or exploitation by others. "Neglect" is repeated |
| 41 | conduct or a single incident of carelessness which produces or |
| 42 | could reasonably be expected to result in serious physical or |
| 43 | 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. 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 |
| 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 | (8) Information in the central abuse hotline may not be |
| 130 | used for employment screening, except as provided in paragraphs |
| 131 | (3)(a) and (h). Information in the central abuse hotline and the |
| 132 | department's automated abuse information system may be used by |
| 133 | the department, the department's authorized agents or contract |
| 134 | providers, the Agency for Persons with Disabilities, the Agency |
| 135 | for Health Care Administration, the Department of Elderly |
| 136 | Affairs, the Department of Health, or county agencies as a part |
| 137 | of the licensure or approval process pursuant to ss. 393.067- |
| 138 | 393.0678, parts II-VIII of chapter 400, and ss. 410.031-410.037. |
| 139 | Section 4. This act shall take effect upon becoming a law. |