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