CSSB 57(FIN): "An Act relating to vulnerable adults; and providing for an effective date."
00CS FOR SENATE BILL NO. 57(FIN) 01 "An Act relating to vulnerable adults; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 47.24.015(c) is amended to read: 04 (c) The department, or its designee, shall immediately terminate an 05 investigation under this section upon the request of the vulnerable adult who is the 06 subject of the report made under AS 47.24.010 unless [. HOWEVER, IF] the 07 investigation to that point has resulted in probable [REASONABLE] cause to believe 08 that the vulnerable adult is in need of protective services , the request is made 09 personally by the vulnerable adult and the vulnerable adult is not competent to 10 make the request on the adult's own behalf, or the request is made by the 11 vulnerable adult's guardian, attorney-in-fact, or surrogate decision maker and 12 that person is the alleged perpetrator of the abandonment, exploitation, abuse, or 13 neglect of the vulnerable adult and is being investigated under this chapter. If the 14 department has probable cause to believe that the vulnerable adult is in need of
01 protective services , 02 (1) the department may petition the court as set out in AS 47.24.019; 03 or 04 (2) the department or its designee may refer the report made to the 05 department under AS 47.24.010 to a police officer for criminal investigation. 06 * Sec. 2. AS 47.24.019(a) is amended to read: 07 (a) If, after investigation under AS 47.24.015, the department has reasonable 08 cause to believe that a vulnerable adult is in need of protective services and is an 09 incapacitated person, the department may petition the court under AS 13.26 for 10 appointment of a guardian or temporary guardian , or for a change of guardian, for 11 the vulnerable adult for the purpose of deciding whether to consent to the receipt of 12 protective services for the vulnerable adult. 13 * Sec. 3. AS 47.24.019(c) is amended to read: 14 (c) If a vulnerable adult who has consented to receive protective services, or 15 on whose behalf consent to receive protective services has been given, is prevented by 16 a caregiver , guardian, attorney-in-fact, or surrogate decision maker from receiving 17 those services, the department may [ASSIST THE VULNERABLE ADULT OR THE 18 PERSON WHO CONSENTED TO THE VULNERABLE ADULT'S RECEIPT OF 19 THE SERVICES TO] petition the superior court for an injunction restraining the 20 caregiver , guardian, attorney-in-fact, or surrogate decision maker from interfering 21 with the provision of protective services to the vulnerable adult. 22 * Sec. 4. AS 47.24.050(b) is amended to read: 23 (b) The department shall disclose a report of the abandonment, exploitation, 24 abuse, neglect, or self-neglect of a vulnerable adult if the vulnerable adult who is the 25 subject of the report or the vulnerable adult's guardian, attorney-in-fact, or 26 surrogate decision maker consents in writing. The department may not disclose 27 a report of the abandonment, exploitation, abuse, neglect, or self-neglect of a 28 vulnerable adult to the vulnerable adult's guardian, attorney-in-fact, or surrogate 29 decision maker if that person is an alleged perpetrator of the abandonment, 30 exploitation, abuse, or neglect of the vulnerable adult and is being investigated 31 under this chapter. The department shall, upon request, disclose the number of
01 verified reports of abandonment, exploitation, abuse, neglect, or self-neglect of a 02 vulnerable adult that occurred at an institution that provides care for vulnerable adults 03 or that were the result of actions or inactions of a public home care provider. 04 * Sec. 5. TRANSITION. A department affected by this Act may proceed to adopt 05 regulations necessary to implement this Act. Regulations to implement a provision of this Act 06 take effect under AS 44.62 (Administrative Procedure Act), but not before the effective date 07 of sec. 1 of this Act. 08 * Sec. 6. Section 5 of this Act takes effect immediately under AS 01.10.070(c).