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

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