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