Report Title:

Social Services; Dependent Adult Protective Services

Description:

Amends dependent adult protective services law by:  (1) deleting definition of "dependent adult"; (2) extending protections to persons over 18 years of age if they meet the definition of "vulnerable adult"; (3) enabling the department of human services to investigate and the court to have jurisdiction when reason exists to believe that a vulnerable adult has been abused or is threatened with imminent abuse; (4) making conforming amendments for style, consistency, and clarity; and (5) appropriating funds to the department of human services.  (SD2)

THE SENATE	S.B. NO.	1184
TWENTY-FOURTH LEGISLATURE, 2007		S.D. 2
STATE OF HAWAII
2

A BILL FOR AN ACT

relating to adult protection.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 346, part X, Hawaii Revised Statutes, is amended by amending the title to read as follows:

"[[]PART X.[] DEPENDENT] ADULT PROTECTIVE SERVICES"

     SECTION 2.  Section 346-221, Hawaii Revised Statutes, is amended to read as follows:

"[[]§346-221[]]  Purpose; construction.  The legislature recognizes that citizens of the State who are elder [and], or mentally or physically [impaired] disabled, constitute a significant and identifiable segment of the population and are particularly subject to risks of abuse, neglect, and exploitation.

     [The legislature also recognizes that it is a person's dependency status, not age, which is often encountered in cases of abuse, neglect, and exploitation.]  While advanced age, or mental or physical disability, alone is not sufficient reason to intervene in a person's life, the legislature finds that many [elders] of these citizens have become [subjects] victims of abuse [and], neglect[.], and exploitation.  Substantial public interest exists to ensure that this segment of the population receives [protection.] protective services.

     The legislature declares that the State shall develop and promote community services for the economic, social, and personal well-being and protection of [its elder citizens who are mentally or physically impaired.] this segment of the population.

     In taking this action, the legislature intends to place the fewest possible restrictions on personal liberty and to permit the exercise of constitutional rights by adults consistent with protection from abuse, neglect, and exploitation."

     SECTION 3.  Section 346-222, Hawaii Revised Statutes, is amended to read as follows:

"[[]§346-222[]]  Definitions.  For the purposes of this part:

     "Abuse" means actual or imminent physical injury, psychological abuse or neglect, sexual abuse, financial and economic exploitation, negligent treatment, or maltreatment [as further defined in this chapter].

     Abuse occurs where:

     (1)  [Any dependent] A vulnerable adult exhibits evidence of:

         (A)  Substantial or multiple skin bruising or any other internal bleeding;

         (B)  Any injury to skin causing substantial bleeding;

         (C)  Malnutrition;

         (D)  A burn or burns;

         (E)  Poisoning;

         (F)  The fracture of any bone;

         (G)  A subdural hematoma;

         (H)  Soft tissue swelling;

         (I)  Extreme physical pain; or

         (J)  Extreme mental distress [which] that includes a consistent pattern of actions or verbalizations including threats, insults, or harassment, that humiliates, provokes, intimidates, confuses, and frightens the [dependent] vulnerable adult;

          and the injury is not justifiably explained, or where the history given is at variance with the degree or type of injury, or circumstances indicate that the injury is not the product of an accidental occurrence;

     (2)  [Any dependent] A vulnerable adult has been the victim of nonconsensual sexual contact or conduct, including [but not limited to]:

         (A)  Sexual assault, molestation, sexual fondling, incest, prostitution;

         (B)  Obscene or pornographic photographing, filming, or depiction; or

         (C)  Other similar forms of sexual exploitation;

     (3)  [Any dependent] A vulnerable adult is not provided in a timely manner with adequate food, clothing, shelter, psychological care, physical care, medical care, or supervision;

     (4)  [Any dependent] A vulnerable adult is provided with a dangerous, harmful, or detrimental [drugs] drug as defined by section 712-1240; [however,] provided that this paragraph shall not apply [when such] to drugs that are provided to [the dependent] a vulnerable adult pursuant to the direction or prescription of a practitioner[,] as defined in section 712-1240;

     (5)  There has been a failure to exercise that degree of care toward [a dependent] a vulnerable adult [which] that a reasonable person with the responsibility of a caregiver would exercise, including[, but not limited to,] the failure to:

         (A)  Assist [in] with personal hygiene;

         (B)  Provide necessary food, shelter, [and] or clothing;

         (C)  Provide necessary health care, access to health care, or prescribed medication;

         (D)  Protect [a dependent adult] from health and safety hazards; or

         (E)  Protect against acts of abuse by third parties;

     (6)  [Any dependent] A vulnerable adult appears to lack [sufficient understanding or] capacity [to make or communicate responsible decisions concerning the dependent adult's person,] and appears to be exposed to a situation or condition [which] that poses an imminent risk of death or risk of serious physical harm; or

     (7)  There is financial and economic exploitation.  [For the purpose of this part, "financial and economic exploitation" means the wrongful or negligent taking, withholding, misappropriation, or use of a dependent adult's money, real property, or personal property.  "Financial and economic exploitation" can include but is not limited to:

(A) Breaches of fiduciary relationships such as the misuse of a power of attorney or the abuse of guardianship privileges, resulting in the unauthorized appropriation, sale, or transfer of property;

(B) The unauthorized taking of personal assets;

(C) The misappropriation, misuse, or transfer of moneys belonging to the dependent adult from a personal or joint account; or

(D) The intentional or negligent failure to effectively use a dependent adult's income and assets for the necessities required for the person's support and maintenance.]

          The [exploitations] financial and economic exploitation may involve coercion, manipulation, threats, intimidation, misrepresentation, or exertion of undue influence.

     "Capacity" means the ability to understand and appreciate the nature and consequences of making decisions concerning one's person or to communicate [such] these decisions.

     "Court" means the family court [having jurisdiction over a matter under this part].

     "Department" means the department of human services and its authorized representatives.

     ["Dependent adult" means any adult who, because of mental or physical impairment is dependent upon another person, a care organization, or a care facility for personal health, safety, or welfare.]

"Director" means the director of human services.

     "Emergency medical treatment" means [those services] any service necessary to maintain a person's physical health and without which there is a reasonable belief that the person will suffer irreparable harm or death.

"Financial and economic exploitation" means the wrongful or negligent taking, withholding, appropriation, or use of a vulnerable adult's money, real property, or personal property, including:

(1) A breach of fiduciary responsibility such as the misuse of a power of attorney or the abuse of guardianship privileges resulting in the unauthorized appropriation, sale, or transfer of property;

(2) The unauthorized taking of personal assets;

(3) The misappropriation, misuse, or transfer of moneys belonging to the vulnerable adult from a personal or joint account; or

(4) The negligent failure to effectively use a vulnerable adult's income and assets for the necessities required for the vulnerable adult's support and maintenance.

     "Imminent abuse" means that [there exists] reasonable cause exists to believe that abuse will occur or recur within [the next] ninety days.

     "Party" means [those persons, care organizations, or care facilities] a person, caregiver, or care facility entitled to notice of proceedings under [sections] section 346-237 [and 346‑238], including any state department or agency that is providing services and treatment to [a dependent] a vulnerable adult [in accordance with] pursuant to a protective services plan.

     "Protective services plan" means a specific written plan, prepared by the department, [setting] that sets forth the specific services and treatment to be provided to [a dependent] a vulnerable adult.

"Vulnerable adult" means a person eighteen years of age or older whose ability to meet essential requirements for mental or physical health or safety, or to protect the person's self from abuse, neglect, or exploitation is substantially impaired because of a physical, mental, or other disability, or incapacity."

     SECTION 4.  Section 346-223, Hawaii Revised Statutes, is amended to read as follows:

"[[]§346-223[]]  Jurisdiction; venue.  The family court shall have jurisdiction [in] over protective proceedings under this part [concerning any dependent] that concern a vulnerable adult who was or is found within the judicial circuit at the time [such] the facts and circumstances occurred, were discovered, or were reported to the department, which constitute the basis for a finding that the [person has been] vulnerable adult was abused [and] or is threatened with imminent abuse; provided that the protective proceedings under this part [are] shall not be considered exclusive and shall not preclude [the use of] any other criminal, civil, or administrative remedy.  The protective proceedings under this part shall be held in the judicial circuit in which the [dependent] vulnerable adult resides at the time of the filing of the petition or in which the [dependent] vulnerable adult has assets."

     SECTION 5.  Section 346-224, Hawaii Revised Statutes, is amended to read as follows:

"[[]§346-224[]]  Reports.  (a)  The following persons who, in the performance of their professional or official duties, know or have reason to believe that [a dependent] a vulnerable adult has been abused [and] or is threatened with imminent abuse shall promptly report the matter orally to the department [of human services]:

     (1)  Any licensed or registered professional of the healing arts and any health-related occupation who examines, treats, or provides other professional or specialized services to [dependent adults,] a vulnerable adult, including [but not limited to,] physicians, physicians in training, psychologists, dentists, nurses, osteopathic physicians and surgeons, optometrists, chiropractors, podiatrists, pharmacists, and other health-related professionals;

     (2)  Employees or officers of any public or private agency or institution providing social, medical, hospital, or mental health services, including financial assistance;

     (3)  Employees or officers of any law enforcement agency including[, but not limited to,] the courts, police departments, correctional institutions, and parole or probation offices;

     (4)  Employees or officers of any adult residential care home, adult day care center, or similar institution; [and]

     (5)  Medical examiners or coroners[.]; and

(6) Social workers.

     (b)  The initial oral report required by subsection (a) shall be followed as soon as possible by a written report to the department; provided that [where] if a police department is the initiating agency, a written report shall not be required unless the police department [has declined] declines to take further action and the department informs the police department that [it] the department intends to [pursue the matter of the orally reported incident] investigate the oral report of abuse.  [All written reports] A written report shall contain [the]:

(1) The name and address of the [dependent] vulnerable adult [and], if known;

(2) The name and address of the [person who or care organization or care facility which] party who is alleged to have committed or been responsible for the [dependent adult] abuse, if known; [the]

(3) The nature and extent of the [dependent] vulnerable adult's injury or harm; and [any]

(4) Any other information the reporter believes [might] may be helpful in establishing the cause of the [dependent adult] abuse.

     (c)  This section shall not prohibit any [of the persons enumerated in subsection (a)] person from reporting [incidents which those persons have] an incident that the person has reason to believe [involve] involves abuse [which] that came to [their] the person's attention in [any] a private or nonprofessional capacity.

     (d)  Any [other] person who has reason to believe that [a dependent] a vulnerable adult has been abused or is threatened with imminent abuse may report the matter orally to the department.

     (e)  Any person who knowingly fails to report [as required by this section] or who wilfully prevents another person from reporting [pursuant to this section] shall be guilty of a petty misdemeanor.

     (f)  The department shall maintain a central registry of reported cases."

     SECTION 6.  Section 346-225, Hawaii Revised Statutes, is amended to read as follows:

"[[]§346-225[]]  Confidentiality of reports.  [All reports] A report made pursuant to this part, including the identity of the reporting person[, as well as] and all records of [such reports, are] the report, is confidential and any person who makes an unauthorized disclosure of a report or records of a report [under this part] shall be guilty of a misdemeanor.  The director [of human services] may adopt, amend, or repeal rules, pursuant to chapter 91, to provide for the confidentiality of reports and records, and for the authorized disclosure of reports and records."

     SECTION 7.  Section 346-226, Hawaii Revised Statutes, is amended to read as follows:

"[[]§346-226[]]  Access to records.  Records of [a dependent] a vulnerable adult shall be obtained by the department or the [dependent] vulnerable adult's court-appointed guardian ad litem with the written consent of the [dependent] vulnerable adult or [that person's] the vulnerable adult's representative, or by court order.  Any person who reports to the department under section 346-224, upon demand of the department, shall provide all information related to the alleged incident of [dependent adult] abuse or neglect, including[, but not limited to,] financial records and medical reports, which were not included in the written report submitted pursuant to section 346-224(b)."

     SECTION 8.  Section 346-227, Hawaii Revised Statutes, is amended to read as follows:

"[[]§346-227[]]  Investigation.  Upon receiving a report that abuse of [a dependent] a vulnerable adult has occurred [and] or is imminent, the department shall cause an investigation to be commenced in accordance with this part as the department deems appropriate."

     SECTION 9.  Section 346-229, Hawaii Revised Statutes, is amended to read as follows:

"[[]§346-229[]]  Right of entry.  (a)  An employee of the department engaged in an investigation under this part shall be authorized to visit and communicate with the [dependent] vulnerable adult who is the subject of the report.  Any person intentionally or knowingly obstructing or interfering with the department's access to or communication with the [dependent] vulnerable adult shall be guilty of a misdemeanor.

     (b)  Any employee of the department engaged in an investigation under this part, having probable cause to believe that [a dependent] a vulnerable adult will be physically injured through abuse before a court order for entry can be obtained, without a warrant, may enter upon the premises where the [dependent] the vulnerable adult may be found for the purpose of ascertaining that person's welfare.  Where a warrantless entry is authorized under this section, the employee of the department may request the assistance of a police officer to gain entrance."

     SECTION 10.  Section 346-230, Hawaii Revised Statutes, is amended to read as follows:

"§346-230  Termination of services.  (a)  The department shall act only with the consent of the victim, unless the department obtains court authorization to provide necessary services, as provided in section 346-231.  Investigation and services provided under this part shall be immediately terminated if:

     (1)  The [dependent] vulnerable adult has the capacity to consent and either does not consent or withdraws consent to the receipt of protective services; [or]

     (2)  The department determines that protection is no longer needed under this part; or

     (3)  The court so orders.

(b)  Upon the department's determination that protective services are no longer needed, the [dependent] vulnerable adult shall be referred to the agency responsible for follow-up services.  For the mentally ill, mentally retarded, or developmentally disabled adult, the state agency designated to provide services shall be the department of health."

     SECTION 11.  Section 346-231, Hawaii Revised Statutes, is amended to read as follows:

"[[]§346-231[]]  Order for immediate protection.  (a)  If the department believes that a person is [a dependent] a vulnerable adult and it appears probable that the [dependent] vulnerable adult has been abused [and] or is threatened with imminent abuse unless immediate action is taken; and the [dependent] vulnerable adult consents, or if the [dependent] vulnerable adult does not consent and there is probable cause to believe that the [dependent] vulnerable adult lacks the capacity to make decisions concerning the [dependent] vulnerable adult's person, the department shall seek an order for immediate protection in accordance with this section.

     (b)  A finding of probable cause may be based in whole or in part upon hearsay evidence when direct testimony is unavailable or when it is demonstrably inconvenient to summon witnesses who will be able to testify to facts from personal knowledge.

     (c)  Upon finding that the person is [a dependent] a vulnerable adult and that there is probable cause to believe that the [dependent] vulnerable adult has been abused [and] or is threatened with imminent abuse unless immediate action is taken; and the [dependent] vulnerable adult consents, or if the [dependent] vulnerable adult does not consent and there is probable cause to believe that the [dependent] vulnerable adult lacks the capacity to make decisions concerning the [dependent] vulnerable adult's person, the court shall issue an order for immediate protection.  This order may include[, but is not limited to]:

     (1)  An authorization for the department to transport the person to an appropriate medical or care facility;

     (2)  An authorization for medical examinations;

     (3)  An authorization for emergency medical treatment; and

     (4)  [Such] Any other matters as may prevent imminent abuse, pending a hearing under section 346-232.

     (d)  The court may also make orders as may be appropriate to third persons, including temporary restraining orders, enjoining them from:

     (1)  Removing the [dependent] vulnerable adult from the care or custody of another;

     (2)  Abusing the [dependent] vulnerable adult;

     (3)  Living at the [dependent] vulnerable adult's residence;

     (4)  Contacting the [dependent] vulnerable adult in person or by telephone;

     (5)  Selling, removing, or otherwise disposing of the [dependent] vulnerable adult's personal property;

     (6)  Withdrawing those funds from any bank, savings and loan association, credit union, or other financial institution, or from a stock account in which the [dependent] vulnerable adult has an interest;

     (7)  Negotiating any instruments payable to the [dependent] vulnerable adult;

     (8)  Selling, mortgaging, or otherwise encumbering any interest that the [dependent] vulnerable adult has in real property;

     (9)  Exercising any powers on behalf of the [dependent] vulnerable adult by representatives of the department, any court-appointed guardian or guardian ad litem or any official acting on [their] the vulnerable adult's behalf;

    (10)  Engaging in any other specified act [which,] that, based upon the facts alleged, would constitute harm or present a threat of imminent harm to the [dependent] vulnerable adult or would cause the loss of the [dependent] vulnerable adult's property.

     (e)  Court orders under section 346-232 and this section may be obtained upon oral or written application by the department, without notice and without a hearing.  Any oral application shall be reduced to writing within twenty-four hours.  The court may issue its order orally, provided that it shall reduce the order to writing as soon as possible thereafter and in any case not later than twenty-four hours after the court received the written application.  Certified copies of the application and order shall be personally served upon the [dependent] vulnerable adult and any other person or entity affected by the order together with the notice of the order to show cause hearing in section 346-232.

     (f)  If a written order for immediate protection is issued, the department shall file a petition invoking the jurisdiction of the court under this part within twenty-four hours."

     SECTION 12.  Section 346-232, Hawaii Revised Statutes, is amended to read as follows:

"[[]§346-232[]]  Order to show cause hearing.  (a)  When a written order for immediate protection is issued, the court shall hold a hearing on the application for immediate protection, no later than seventy-two hours after issuance of the written order excluding any Saturday or Sunday, requiring cause to be shown why the order or orders should not continue.  The department shall make arrangements to have the [dependent] vulnerable adult attend the hearing or show cause why the [dependent] vulnerable adult cannot attend.

     (b)  When the court finds that there is probable cause to believe that [a dependent] a vulnerable adult has been abused [and] or is threatened with imminent abuse, and the [dependent] vulnerable adult consents, or if the [dependent] vulnerable adult does not consent and the court finds that there is probable cause to believe that the [dependent] vulnerable adult lacks the capacity to make decisions concerning the [dependent] vulnerable adult's person, the court may continue or modify any order pending an adjudicatory hearing on the petition.  These orders may include orders for the [dependent] vulnerable adult's temporary placement and ordinary medical care.

     (c)  The parties personally or through counsel may stipulate to the entry or continuance of such orders as the court deems to be in the best interest of the [dependent] vulnerable adult, and the court shall set the case for an adjudicatory hearing as soon as it is practical."

     SECTION 13.  Section 346-233, Hawaii Revised Statutes, is amended to read as follows:

"[[]§346-233[]]  Petition.  (a)  A petition invoking the jurisdiction of the court under this part shall be entitled "In the matter of the protection of ____________________," and shall be verified.

     (b)  The petition shall set forth with specificity the:

     (1)  Reasons the person is considered to be [a dependent] a vulnerable adult;

     (2)  Facts [which] that bring the [dependent] vulnerable adult within this part;

     (3)  Name, birth date, sex, and residence address of the [dependent] vulnerable adult;

     (4)  Names and addresses of any living persons, or entities required to be notified pursuant to section 346-237; and

     (5)  If appropriate, allegations describing any lack of capacity of the [dependent] vulnerable adult."

     SECTION 14.  Section 346-234, Hawaii Revised Statutes, is amended to read as follows:

"[[]§346-234[]]  Guardian ad litem; counsel.  (a)  In any case where the court has reason to believe that [a dependent] a vulnerable adult or any other party lacks the capacity to effectively make decisions concerning the party's person, it may appoint a guardian ad litem to represent the interests of that party throughout the pendency of proceedings under this part.  The court shall appoint counsel for the [dependent] vulnerable adult at any time where it finds that the [dependent] vulnerable adult requires a separate legal advocate and is unable to afford private counsel.

     (b)  The court may order reasonable costs and fees of the guardian ad litem to be paid by the party for whom the guardian ad litem is appointed, if that party has sufficient financial resources to pay [such] the costs and fees.  The court may also order the appropriate parties to pay or reimburse reasonable costs and fees of the guardian ad litem and counsel appointed for the [dependent] vulnerable adult."

     SECTION 15.  Section 346-236, Hawaii Revised Statutes, is amended to read as follows:

"[[]§346-236[]]  Permanent changes.  Permanent changes in the living situation of an abused [dependent] vulnerable adult shall not ordinarily be made under authority of this part.  If permanent changes in the living situation or nonemergency medical treatment are necessary, the appropriate guardianship, or civil commitment action shall be initiated pursuant to applicable state law."

     SECTION 16.  Section 346-237, Hawaii Revised Statutes, is amended to read as follows:

"§346-237  Notice of proceedings.  (a)  After a petition has been filed, the matter shall be set for hearing and a notice of hearing shall be issued to all parties to the proceeding.  The parties to the proceeding shall include:

     (1)  The [dependent] vulnerable adult;

     (2)  Any caregiver or facility in which the [dependent] vulnerable adult resides or is a patient;

     (3)  The spouse and adult children of the [dependent] vulnerable adult;

     (4)  The parents of the [dependent] vulnerable adult, unless waived by the court for good cause;

     (5)  Any guardian or conservator who may have been appointed; and

     (6)  Any other person or entity affected by the order for immediate protection.

(b)  Where the name or whereabouts of a potential party is unknown, the court may require the petitioner to set forth the reasonable efforts the petitioner made to ascertain the party's name or whereabouts and why the petitioner has been unable to determine those facts."

     SECTION 17.  Section 346-238, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Service of the notice shall be made by delivery of a copy thereof together with a certified copy of the petition to each person or entity to be given notice either by personal service, by certified mail, return receipt requested and addressed to the last known address, by publication, or by other means authorized by the court.  Upon a showing of good cause, the court may waive notice to any party except the [dependent] vulnerable adult."

     SECTION 18.  Section 346-239, Hawaii Revised Statutes, is amended to read as follows:

"[[]§346-239[]]  Required findings concerning postponed hearings.  Except as otherwise provided, no hearing shall be delayed upon the grounds that a party other than the [dependent] vulnerable adult is not present at the hearing or has not been served with a copy of the order for immediate protection or the petition, where reasonable efforts have been made to effect service and it would be detrimental to the [dependent] vulnerable adult to postpone the proceedings until service can be made.  Whenever a hearing is delayed or postponed under this section, the court shall enter a finding that it will not be detrimental to the [dependent] vulnerable adult and shall also specify what additional measures shall be undertaken to effect service."

     SECTION 19.  Section 346-240, Hawaii Revised Statutes, is amended by amending subsections (a) to (c) to read as follows:

     "(a)  When a petition has been filed, the court shall set a return date hearing to be held within thirty days of the filing of the petition.  On the return date, the parties personally or through counsel may stipulate to the entry or continuance of the orders as the court deems to be in the best interests of the [dependent] vulnerable adult, and the court shall set the case for an adjudicatory hearing as soon as is practical.

     (b)  In an adjudicatory hearing, the court shall determine whether the person is [a dependent] a vulnerable adult, and whether the [dependent] vulnerable adult has been abused [and] or is threatened with imminent abuse, based upon a preponderance of the evidence.  Evidence [which] that is contained in a written report, study, or examination shall be admissible, provided that the maker of the written report, study, or examination be subject to direct and cross-examination upon demand when the maker is reasonably available.  A social worker employed by the department in the area of adult protective services shall be presumed to be qualified to testify as an expert in the field of protective services.

     (c)  If facts sufficient to sustain the petition are established in court, or are stipulated to by all parties, the court shall enter an order finding that the [dependent] vulnerable adult has been abused [and] or threatened with imminent abuse and shall state the grounds for the finding.  The court shall also make a finding concerning the capacity of the [dependent] vulnerable adult to effectively make decisions concerning personal needs or property [or both].  If the capacity of the [dependent] vulnerable adult is at issue, the court shall require that the [dependent] vulnerable adult be examined by a psychiatrist or other physician who is skilled in evaluating the particular area in which the [dependent] vulnerable adult is alleged to lack capacity before making any finding that the [dependent] vulnerable adult lacks capacity.  If there is no finding that the [dependent] vulnerable adult lacks capacity to make [such] personal needs or property decisions and if the [dependent] vulnerable adult does not give consent, the court shall not have authority to proceed further and the court shall dismiss the case."

     SECTION 20.  Section 346-241, Hawaii Revised Statutes, is amended by amending subsections (b) to (d) to read as follows:

     "(b)  The proposed protective order may include any of the provisions set forth in section 346-231, and, in addition may include an order that:

     (1)  The person inflicting abuse on the [dependent] vulnerable adult participate in counseling or therapy as the court deems appropriate;

     (2)  Any party report to the department any violation of the protective order or protective services plan;

     (3)  The department make periodic home visits to the [dependent] vulnerable adult; and

     (4)  The department monitor compliance with the order.

     (c)  The proposed protective services plan shall set forth the following:

     (1)  Specific services or treatment to be provided to the [dependent] vulnerable adult and the specific actions the parties shall take;

     (2)  Specific responsibilities that the parties shall assume;

     (3)  Period during which the services shall be provided;

     (4)  Dates by which the actions shall be completed;

     (5)  Specific consequences that may be reasonably anticipated to result from a party's failure to comply with any terms and conditions of the plan; and

     (6)  Steps that shall be necessary to terminate the court's jurisdiction.

     (d)  In preparing such a proposed protective order, the department shall seek to impose the least restrictive limitation on the freedom and liberties of the [dependent] vulnerable adult.  To the greatest extent possible, the [dependent] vulnerable adult should be permitted to participate in decisions concerning the [dependent] vulnerable adult's person, or property, or both."

     SECTION 21.  Section 346-242, Hawaii Revised Statutes, is amended to read as follows:

"§346-242  Review hearings.  Except for good cause shown, the court shall set each case for a review hearing not later than six months after the date that a protective order and protective services plan are ordered by the court.  Thereafter, the court shall review the matter at intervals of not longer than six months until the court's jurisdiction has been terminated.  The department and the guardian ad litem, if any, shall submit a written report, with copies to the parties or their counsel, at least fifteen days prior to the date set for each review.  The report shall evaluate whether the parties have complied with the terms and conditions of the protective order and protective services plan; shall recommend any modification to the order or plan; and shall recommend whether the court shall retain jurisdiction or terminate the case.  At each review, the court shall determine whether the parties have complied with the terms and conditions of the order and plan; enforce [such] sanctions for noncompliance as may be appropriate; and order [such] revisions to the existing order or plan as are in the best interests of the [dependent] vulnerable adult.  At each review, the court shall make an express finding as to whether it shall retain jurisdiction or terminate the case, and, in each instance, shall state the basis for its action."

     SECTION 22.  Section 346-247, Hawaii Revised Statutes, is amended to read as follows:

"[[]§346-247[]]  Payment for service or treatment provided to a party. Whenever service, treatment, care, or support of [a dependent] a vulnerable adult is provided under this part, the persons or legal entities who may be legally obligated to pay for the service, treatment, care, or support of the [dependent person,] vulnerable adult, may be ordered by the court to pay the cost of the service, care, support, or treatment provided to the [dependent] the vulnerable adult in whole or in part, after notice and hearing."

     SECTION 23.  Section 346-249, Hawaii Revised Statutes, is amended to read as follows:

"[[]§346-249[]]  Cooperation.  Every public official or department shall render all assistance and cooperation within the official's or department's power and [which] that may further the purpose and objectives of this part.  The department and the court may seek the cooperation of organizations whose objectives are to protect or aid [dependent] vulnerable adults."

     SECTION 24.  There is appropriated out of the general revenues of the State of Hawaii the sum of $          , or so much thereof as may be necessary for fiscal year 2007-2008, and the same sum, or so much thereof as may be necessary for fiscal year 2008-2009, for the department of human services to:

     (1)  Hire additional staff, including social workers, nurses, and support staff to carry out this Act; and

     (2)  Contract for services pursuant to chapter 103F, Hawaii Revised Statutes, and provide direct services, as may be necessary, to carry out this Act.

     The sums appropriated shall be expended by the department of human services for the purposes of this Act.

     SECTION 25.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 26.  This Act shall take effect on July 1, 2008.