Report Title:

Social Services; Adult Protective Services

 

Description:

Expands the list of persons mandated to report known or suspected abuse of vulnerable adults to include caregivers and employees or officers of the entity designated by the governor to provide advocacy services to persons with developmental disabilities and mental illness.  (SB3050 HD2)

 

THE SENATE

S.B. NO.

3050

TWENTY-FOURTH LEGISLATURE, 2008

S.D. 1

STATE OF HAWAII

H.D. 2

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO ADULT PROTECTIVE SERVICES.

 

 

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

 

     SECTION 1.  Section 346-222, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Caregiver" means any person who has knowingly and willingly assumed, on a part-time or full-time basis, the care, custody, or physical control of, or who has a legal or contractual duty to care for, the health, safety, and welfare of a dependent adult."

     SECTION 2.  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 adult has been abused and is threatened with imminent abuse shall promptly report the matter orally to the department of human services[:] in its authorized capacity to receive such information pursuant to Titles 42 and 45, Code of Federal Regulations, with or without the consent of the dependent adult or the dependent adult's guardian:

     (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, 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[.];

     (6)  Employees or officers of the entity or agency designated by the governor pursuant to section 333F-8.5 to provide advocacy services to persons with developmental disabilities and mental illness; and

     (7)  Social workers licensed pursuant to chapter 467E and non-licensed social workers employed in a social worker position pursuant to section 467E-6(2).

     (b)  In addition to the persons specified in subsection (a), caregivers who know or have reason to believe that a dependent adult has been abused and is threatened with imminent abuse shall promptly report the matter orally to the department.

     [(b)] (c)  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 a police department is the initiating agency, a written report shall not be required unless the police department has declined to take further action and the department informs the police department that it intends to pursue the matter of the orally reported incident of abuse.  All written reports shall contain the name and address of the dependent adult and the person who or care organization or care facility which is alleged to have committed or been responsible for the dependent adult abuse, if known; the nature and extent of the dependent adult’s injury or harm; and any other information the reporter believes might be helpful in establishing the cause of the dependent adult abuse.

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

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

     [(e)] (f)  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)] (g)  The department shall maintain a central registry of reported cases."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.