1998 Legislation
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HOUSE BILL NO. 455 – Adult, vulnerable, abuse, report


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H0455........................................................by MR. SPEAKER
                  Requested by: Idaho Commission on Aging
VULNERABLE ADULTS - ABUSE - Amends and adds to existing law regarding
vulnerable adults alleged to be abused, neglected or exploited to provide
an exemption from public records disclosure; to provide a declaration of
policy; to provide that a person may report abuse, neglect and exploitation
of vulnerable adults to the Commission on Aging; to provide for training;
to provide that a police officer's assistance in an emergency may include a
right of entry onto private property; to provide for assistance of a police
officer in a nonemergency if consent is given; to provide for interagency
cooperation and exchange of information; and to provide for misdemeanors
and punishments.

01/12    House intro - 1st rdg - to printing
01/12    Rpt prt - to Health/Wel

Bill Text


 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 455

                                      BY MR. SPEAKER
                         Requested by: Idaho Commission on Aging

 1                                        AN ACT

24    Be It Enacted by the Legislature of the State of Idaho:

25        SECTION  1.  That  Section  9-340,  Idaho Code, be, and the same is hereby
26    amended to read as follows:

27        9-340.  RECORDS EXEMPT FROM DISCLOSURE. The following records  are  exempt
28    from disclosure:
29        (1)  Exemption under state or federal law or court rule.
30        (a)  Any  public  record exempt from disclosure by federal or state law or
31        federal regulations to the extent specifically provided for by such law or
32        regulation.
33        (b)  Records contained in court files of judicial proceedings, the disclo-
34        sure of which is prohibited by or under rules adopted by the Idaho supreme
35        court, but only to the extent that confidentiality is provided under  such
36        rules,  and  any  drafts  or  other  working memoranda related to judicial
37        decision-making, provided the provisions of this subsection making records
38        exempt from disclosure shall not apply to the extent that such records  or
39        information  contained  in  those  records  are necessary for a background
40        check on an individual that is required by federal law regulating the sale
41        of firearms, guns or ammunition.
42        (2)  Law enforcement records, investigatory records of agencies,  worker's
43    compensation.


 1        (a)  Investigatory records of a law enforcement agency, as defined in sec-
 2        tion  9-337(5),  Idaho  Code,  under  the  conditions set forth in section
 3        9-335, Idaho Code.
 4        (b)  Juvenile records of a person maintained pursuant to chapter 5,  title
 5        20,  Idaho Code, except that facts contained in such records shall be fur-
 6        nished upon request in a manner determined by the  court  to  persons  and
 7        governmental  and  private agencies and  institutions conducting pertinent
 8        research studies or having a legitimate interest in the  protection,  wel-
 9        fare and treatment of the juvenile. If the juvenile is fourteen (14) years
10        or  older  and is adjudicated guilty of an offense which would be a felony
11        if committed by an adult, the name, offense  of  which  the  juvenile  was
12        adjudicated  and  disposition of the court shall be subject to disclosure.
13        Additionally, facts contained in any  records  of  a  juvenile  maintained
14        under  chapter 5, title 20, Idaho Code, shall be furnished upon request to
15        any school district where the juvenile is enrolled or is  seeking  enroll-
16        ment.
17        (c)  Records  of the department of correction or the commission of pardons
18        and parole to the extent that disclosure thereof would interfere with  the
19        secure  and  orderly conduct of their operations, or the rehabilitation of
20        any person in the custody of the department of correction or on parole, or
21        would substantially prejudice or prevent the carrying out of the functions
22        of the department of correction or the commission of pardons and parole if
23        the public interest in confidentiality clearly outweighs the public inter-
24        est in disclosure. Records exempt from disclosure shall include,  but  not
25        be  limited  to,  those containing the names and addresses of witnesses or
26        victims or those containing information identifying victims or witnesses.
27        (d)  Records of the sheriff or department of law enforcement  received  or
28        maintained pursuant to section 18-3302, Idaho Code, relating to an  appli-
29        cant or licensee.
30        (e)  Records  of  investigations  prepared by the department of health and
31        welfare pursuant to its statutory responsibilities dealing with  the  pro-
32        tection  of  children, the rehabilitation of youth, adoptions and the com-
33        mitment of mentally ill persons.
34        (f)  Records including, but not limited to, investigative reports, result-
35        ing from investigations conducted into complaints of  discrimination  made
36        to  the Idaho human rights commission unless the public interest in allow-
37        ing inspection and copying of such records outweighs the legitimate public
38        or private interest in maintaining confidentiality of such records. A per-
39        son may inspect and copy documents from an investigative file to which  he
40        or  she  is  a  named party if such documents are not otherwise prohibited
41        from disclosure by federal law or regulation or state law. The confidenti-
42        ality of this subsection will no longer apply to any record  used  in  any
43        judicial  proceeding brought by a named party to the complaint or investi-
44        gation, or by the Idaho human rights commission, relating to the complaint
45        of discrimination.
46        (g)  Records containing information obtained by the manager of  the  Idaho
47        state insurance fund pursuant to chapter 9, title 72, Idaho Code, from  or
48        on  behalf  of employers or employees contained in underwriting and claims
49        for benefits files.
50        (h)  The worker's compensation records of the Idaho industrial  commission
51        provided that the industrial commission shall make such records available:
52             (i)   To  the  parties  in any worker's compensation claim and to the
53             industrial special indemnity fund of the state of Idaho; or
54             (ii)  To employers and prospective employers subject  to  the  provi-
55             sions  of  the  Americans  with disabilities act, 42 U.S.C. 12112, or


 1             other statutory limitations, who  certify  that  the  information  is
 2             being  requested  with  respect  to a worker to whom the employer has
 3             extended an offer of employment and will be used in  accordance  with
 4             the  provisions  of  the  Americans  with disabilities act, 42 U.S.C.
 5             12112, or other statutory limitations; or
 6             (iii) To employers and prospective employers not subject to the  pro-
 7             visions  of  the Americans with disabilities act, 42 U.S.C. 12112, or
 8             other statutory limitations, provided the employer presents a written
 9             authorization from the person to whom the records pertain; or
10             (iv)  To others who demonstrate that the public interest in  allowing
11             inspection  and  copying of such records outweighs the public or pri-
12             vate interest in maintaining the confidentiality of such records,  as
13             determined by a civil court of competent jurisdiction.
14          (i)  Records  of  investigations  involving  vulnerable  adults, as
15        defined in section 18-1505, Idaho Code, alleged to be abused, neglected or
16        exploited. 
17        (3)  Privacy, personnel records,  personal  information,  health  records,
18    professional discipline.
19        (a)  Except  as  provided  in  this subsection, all personnel records of a
20        current or former public official other than the public official's  public
21        service or employment history, classification, pay grade and step, longev-
22        ity,  gross  salary  and  salary  history, status, workplace and employing
23        agency. All other personnel information relating to a public  employee  or
24        applicant  including, but not limited to, information regarding sex, race,
25        marital status, birth date, home address and  telephone  number,  applica-
26        tions,  testing and scoring materials, grievances, correspondence and per-
27        formance evaluations, shall not be disclosed to  the  public  without  the
28        employee's or applicant's written consent. A public official or authorized
29        representative  may  inspect  and  copy  his personnel records, except for
30        material used to screen and test for employment.
31        (b)  Retired employees' and retired public officials' home addresses, home
32        telephone numbers and other financial and nonfinancial membership records;
33        active and inactive member financial and membership records  and  mortgage
34        portfolio loan documents maintained by the public employee retirement sys-
35        tem.  Financial  statements  prepared  by retirement system staff, funding
36        agents and custodians concerning the investment of assets  of  the  public
37        employee  retirement system of Idaho are not considered confidential under
38        this chapter.
39        (c)  Information and records submitted to the Idaho state lottery for  the
40        performance  of background investigations of employees, lottery  retailers
41        and major procurement contractors; audit  records  of  lottery  retailers,
42        vendors and major procurement contractors submitted to or performed by the
43        Idaho  state  lottery;  validation and security tests of the state lottery
44        for lottery games; business records and information submitted pursuant  to
45        sections  67-7412(8)  and (9) and 67-7421(8) and (9), Idaho Code, and such
46        documents and information obtained and held for the  purposes  of  lottery
47        security  and  investigative  action as determined by lottery rules unless
48        the public interest in disclosure substantially outweighs the private need
49        for protection from public disclosure.
50        (d)  Records of a personal nature as follows:
51             (i)   Records of personal debt filed with a public agency pursuant to
52             law;
53             (ii)  Personal bank records compiled by a public  depositor  for  the
54             purpose of public funds transactions conducted pursuant to law;
55             (iii) Records  of  ownership of financial obligations and instruments


 1             of a public agency, such as bonds, compiled by the public agency pur-
 2             suant to law;
 3             (iv)  Records, with regard to the ownership of, or security interests
 4             in, registered public obligations;
 5             (v)   Vital statistics records;
 6             (vi)  Except as provided in this subsection, all information provided
 7             to a  law enforcement agency for sex offender  registration  pursuant
 8             to the provisions of section 18-8306, Idaho Code:
 9                  1.  Such  information  shall  be available upon request to a law
10                  enforcement agency; and
11                  2.  The information provided pursuant to the provisions of  sub-
12                  sections  (1)  and  (3) of section 18-8306, Idaho Code, shall be
13                  provided to  any  person  upon  written  request.  Such  written
14                  request  shall  include  the  name  and  either date of birth or
15                  address of the person for whom the information is requested.
16        (e)  Information in an income or other tax return  measured  by  items  of
17        income  or  sales, which is gathered by a public agency for the purpose of
18        administering the tax, except such information to the extent disclosed  in
19        a written decision of the tax commission pursuant to a taxpayer protest of
20        a  deficiency determination by the tax commission, under the provisions of
21        section 63-3045B, Idaho Code.
22        (f)  Records of a personal nature related directly or  indirectly  to  the
23        application  for  and  provision of statutory services rendered to persons
24        applying for public care for the elderly, indigent, or mentally or  physi-
25        cally handicapped, or participation in an environmental or a public health
26        study,  provided  the  provisions of this subsection making records exempt
27        from disclosure shall not apply to the extent that such records or  infor-
28        mation  contained in those records are necessary for a background check on
29        an individual that is required by federal law regulating the sale of fire-
30        arms, guns or ammunition.
31        (g)  Employment security information and  unemployment  insurance  benefit
32        information,  except  that  all  interested parties may agree to waive the
33        exemption.
34        (h)  Any personal records, other than names, business addresses and  busi-
35        ness  phone  numbers,  such  as  parentage,  race,  religion, sex, height,
36        weight, tax identification and social security numbers, financial worth or
37        medical condition submitted to any public agency pursuant to  a  statutory
38        requirement for licensing, certification, permit or bonding.
39        (i)  Unless  otherwise  provided  by  agency rule, information obtained as
40        part of an inquiry into a person's fitness  to  be  granted  or  retain  a
41        license,  certificate,  permit, privilege, commission or position, private
42        association peer review committee records authorized in  title  54,  Idaho
43        Code.  Any agency which has records  exempt from disclosure under the pro-
44        visions  of  this  subsection  shall annually make available a statistical
45        summary of the number and types of matters considered and  their  disposi-
46        tion.
47        (j)  The  records,  finding, determinations and decision of any prelitiga-
48        tion screening panel formed under chapter 10, title 6, Idaho Code.
49        (k)  Board of professional discipline reprimands  by  informal  admonition
50        pursuant to subsection (6)(f) of section 54-1806A, Idaho Code.
51        (l)  Records  of  the  department of health and welfare or a public health
52        district that identifies a person infected with a reportable disease.
53        (m)  Records of hospital care, medical  records,  records  of  psychiatric
54        care  or  treatment  and  professional  counseling  records relating to an
55        individual's condition, diagnosis, care or treatment, provided the  provi-


 1        sions  of  this subsection making records exempt from disclosure shall not
 2        apply to the extent that such records or information  contained  in  those
 3        records  are  necessary  for  a  background check on an individual that is
 4        required by federal law regulating the sale of firearms, guns  or  ammuni-
 5        tion.
 6        (4)  Trade  secrets,  production  records,  appraisals,  bids, proprietary
 7    information.
 8        (a)  Trade secrets including those contained in response to public  agency
 9        requests  for  proposal, requests for clarification, requests for informa-
10        tion and similar requests. "Trade secrets" as used in this  section  means
11        information,    including  a  formula, pattern, compilation, program, com-
12        puter program, device, method, technique, process, or  unpublished  or  in
13        progress research that:
14             (i)   Derives  independent  economic value, actual or potential, from
15             not being generally known to, and not being readily ascertainable  by
16             proper  means by other persons who can obtain economic value from its
17             disclosure or use; and
18             (ii)  Is the subject of efforts that are reasonable under the circum-
19             stances to maintain its secrecy.
20        (b)  Production records, sale or purchase records, catch records, mortgage
21        portfolio loan documents, or similar business records of a  private   con-
22        cern  or  enterprise  required by law to be submitted to or inspected by a
23        public agency. Nothing  in this subsection shall limit the use  which  can
24        be  made  of such information for regulatory purposes or its admissibility
25        in any enforcement proceeding.
26        (c)  Records relating to the appraisal of real property, timber or mineral
27        rights prior to its acquisition, sale or lease by a public agency.
28        (d)  Any estimate prepared by a public agency that details the cost  of  a
29        public  project  until  such time as disclosed or bids are opened, or upon
30        award of the contract for construction of the public project.
31        (e)  Examination, operating or condition reports and all documents  relat-
32        ing  thereto, prepared by or supplied to any public agency responsible for
33        the regulation or supervision of financial institutions including, but not
34        limited to, banks, savings and loan associations, regulated lenders, busi-
35        ness and industrial development corporations, credit unions, and insurance
36        companies, or for the regulation or supervision of the issuance of securi-
37        ties.
38        (f)  Records gathered by a local agency or the Idaho  department  of  com-
39        merce,  as described in chapter 47, title 67, Idaho Code, for the specific
40        purpose of assisting a person to locate, maintain, invest  in,  or  expand
41        business operations in the state of Idaho.
42        (g)  Shipping and marketing records of commodity commissions used to eval-
43        uate  marketing  and advertising strategies and the names and addresses of
44        growers and shippers maintained by commodity commissions.
45        (h)  Financial statements and business information and  reports  submitted
46        by a legal entity to a port district organized under title 70, Idaho Code,
47        in connection with a business agreement, or with a development proposal or
48        with  a  financing application for any industrial, manufacturing, or other
49        business activity within a port district.
50        (i)  Names and addresses of seed companies, seed crop growers,  seed  crop
51        consignees,  locations  of  seed  crop fields, variety name and acreage by
52        variety. Upon the request of the owner of the  proprietary  variety,  this
53        information  shall  be released to the owner. Provided, however, that if a
54        seed crop has been identified as diseased or has been otherwise identified
55        by the Idaho department of agriculture, other state departments  of  agri-


 1        culture,  or  the  United  States department of agriculture to represent a
 2        threat to that particular seed or commercial crop industry or to  individ-
 3        ual  growers,  information  as to test results, location, acreage involved
 4        and disease symptoms of that particular seed crop, for that  growing  sea-
 5        son,  shall be available for public inspection and copying. This exemption
 6        shall not supersede the provisions of section 22-436, Idaho Code.
 7        (j)  Information obtained from books, records, and  accounts  required  in
 8        chapter 47, title 22, Idaho Code, to be maintained by the Idaho canola and
 9        rapeseed commission and pertaining to the individual production records of
10        canola or rapeseed growers.
11        (k)  Records  of  any risk retention or self-insurance program prepared in
12        anticipation of litigation or for analysis of or settlement  of  potential
13        or actual money damage claims against a public entity and its employees or
14        against   the  industrial  special  indemnity  fund  except  as  otherwise
15        discoverable under the Idaho or federal rules of  civil  procedure.  These
16        records  shall include, but are not limited to, claims evaluations, inves-
17        tigatory records, computerized reports of losses, case reserves,  internal
18        documents  and  correspondence  relating thereto. At the time any claim is
19        concluded, only statistical data and actual  amounts  paid  in  settlement
20        shall be deemed a public record unless otherwise ordered to be sealed by a
21        court of competent jurisdiction. Provided however, nothing in this subsec-
22        tion  is  intended to limit the attorney client privilege or attorney work
23        product privilege otherwise  available to any public agency.
24        (l)  Records of laboratory test results provided by  or  retained  by  the
25        department of agriculture's quality assurance laboratory.  Nothing in this
26        subsection  shall limit the use which can be made, or availability of such
27        information if used, for regulatory purposes or its admissibility  in  any
28        enforcement proceeding.
29        (m)  Reports  required to be filed under chapter 13, title 62, Idaho Code,
30        identifying electrical or natural or manufactured gas consumption data for
31        an individual customer or account.
32        (n)  Voluntarily prepared environmental audits, and voluntary  disclosures
33        of  information submitted to an environmental agency as defined in section
34        9-803, Idaho Code, which are claimed to be confidential business  informa-
35        tion.
36        (o)  Computer  programs developed or purchased by or for any public agency
37        for its own use. As used in this subsection, "computer  program"  means  a
38        series  of  instructions  or  statements which permit the functioning of a
39        computer system in a manner designed to  provide  storage,  retrieval  and
40        manipulation of data from the computer system, and any associated documen-
41        tation  and  source material that explain how to operate the computer pro-
42        gram. Computer program does not include:
43             (i)   The original data including, but not limited to, numbers, text,
44             voice, graphics and images;
45             (ii)  Analysis, compilation and other manipulated forms of the origi-
46             nal data produced by use of the program; or
47             (iii) The mathematical or statistical formulas that would be used  if
48             the  manipulated forms of the original data were to be produced manu-
49             ally.
50        (5)  Archaeological,  endangered  species,  libraries,  legislative,  test
51    keys, miscellaneous exemptions.
52        (a)  Records, maps or other records identifying the location  of  archaeo-
53        logical  or  geophysical sites or endangered species, if not already known
54        to the general public.
55        (b)  Archaeological and geologic records concerning exploratory  drilling,


 1        logging, mining and other excavation, when such records are required to be
 2        filed by statute for the time provided by statute.
 3        (c)  The records of a library which, when examined alone, or when examined
 4        with other public records, would reveal the identity of the library patron
 5        checking out, requesting, or using an item from a library.
 6        (d)  The  material of a library, museum or archive which has been contrib-
 7        uted by a private person, to the extent of any limitation that is a condi-
 8        tion of the contribution.
 9        (e)  Test questions, scoring keys, and other data  used  to  administer  a
10        licensing  examination, employment, academic or other examination or test-
11        ing procedure before the examination is given if the examination is to  be
12        used  again.  Records  establishing procedures for and instructing persons
13        administering, grading or evaluating an examination or  testing  procedure
14        are included in this exemption, to the extent that disclosure would create
15        a risk that the result might be affected.
16        (f)  Records  consisting  of  draft legislation and documents specifically
17        related to such draft legislation or research requests  submitted  to  the
18        legislative  services  office by a member of the Idaho legislature for the
19        purpose of placing such draft legislation into a form suitable for  intro-
20        duction  as  official proposed legislation of the legislature of the state
21        of Idaho, unless the individual legislator having submitted  or  requested
22        such records or research agrees to waive the provisions of confidentiality
23        provided by this  subsection.
24        (g)  All  papers,  physical  and  electronic records and correspondence or
25        other supporting materials comprising the work papers in the possession of
26        the legislative services office or the director of legislative performance
27        evaluations prior to release of the related  final  audit  and  all  other
28        records  or materials in the possession of the legislative services office
29        or the director of legislative performance evaluations that would   other-
30        wise be confidential or exempt from disclosure.
31        (h)  Records  that  identify the method by which the Idaho state  tax com-
32        mission selects tax returns for audit review.

33        SECTION 2.  That Chapter 53, Title 39, Idaho Code, be,  and  the  same  is
34    hereby  amended  by  the addition thereto of a  NEW SECTION , to be
35    known and designated as Section 39-5301A, Idaho Code, and to read as follows:

36        39-5301A.  DECLARATION OF POLICY. (1) It is the intent of the adult abuse,
37    neglect and exploitation act to authorize the fewest possible restrictions  on
38    the  exercise of personal freedom and religious beliefs consistent with a vul-
39    nerable adult's need for services and to empower vulnerable adults to  protect
40    themselves.
41        (2)  The  legislature  recognizes that vulnerable adults sometimes experi-
42    ence difficulties managing their own affairs or are unable  to  protect  them-
43    selves  from  abuse,  neglect or exploitation. Often, vulnerable adults cannot
44    find others who are able or willing to provide assistance.
45        (3)  The commission is  directed  to  investigate  allegations  of  abuse,
46    neglect,  self-neglect  or  exploitation involving a vulnerable adult, to make
47    appropriate referrals to law enforcement, and to arrange for the provision  of
48    necessary  services.  Further, the commission shall honor a vulnerable adult's
49    freedom of choice and right to self-determination.  When it becomes  necessary
50    for  the commission to assist a vulnerable adult, actions shall be tempered by
51    the requirements of due process and must place the  fewest  possible  restric-
52    tions  on personal freedom. Services provided under this act are also intended
53    to provide assistance to  caregiving  families  experiencing  difficulties  in


 1    maintaining functionally impaired relatives in the household.
 2        (4)  In the process of carrying out its adult protection responsibilities,
 3    the commission is directed to make effective use of multidisciplinary services
 4    available  through any and all public agencies, community-based organizations,
 5    and informal resources.

 6        SECTION 3.  That Section 39-5302, Idaho Code, be, and the same  is  hereby
 7    amended to read as follows:

 8        39-5302.  DEFINITIONS. For the purposes of this chapter:
 9        (1)  "Abuse"  means  the nonaccidental infliction of physical pain, injury
10    or mental injury.
11        (2)  "Caretaker" means any individual or institution that  is  responsible
12    by  relationship,  contract, or court order to provide food, shelter or cloth-
13    ing, medical or other life-sustaining necessities to a vulnerable adult.
14        (3)  "Commission" means the Idaho commission on aging, established  pursu-
15    ant to chapter 50, title 67, Idaho Code.
16        (4)    "Contractor" means an area agency on aging and its duly autho-
17    rized agents and employees providing adult protection services pursuant  to  a
18    contract  with  the commission in accordance with section 67-5011, Idaho Code.
19    The commission designates area agencies  on  aging  pursuant  to  42  U.S.C.A.
20    3025(a)(2)(A)  and may establish by rule when duties or obligations under this
21    chapter may be fulfilled by an area agency on aging.
22        (5)  "Department" means the Idaho department of health and welfare.
23        (6)   "Emergency" means  a situation     an  exigent
24    circumstance   in which a vulnerable adult's health and safety is placed
25    in imminent  danger. Imminent danger is when death  or  severe  bodily  injury
26    could reasonably be expected to occur without intervention.
27        (  5   7 )  "Exploitation" means an action which may
28    include, but is not limited to, the misuse  of  a  vulnerable  adult's  funds,
29    property, or resources by another person for profit or advantage.
30        (  6  8 )  "Neglect" means failure of a caretaker to
31    provide food, clothing, shelter or medical care reasonably necessary  to  sus-
32    tain the life and health of a vulnerable adult, or the failure of a vulnerable
33    adult to provide those services for himself.
34        (    7        9   )  "Supportive   services"   means
35    noninvestigatory remedial, social, legal, health, educational,  mental  health
36    and referral services provided to a vulnerable adult.
37        (  8   10 )  "Vulnerable adult" means a person eigh-
38    teen (18) years of age or older who is unable to protect himself  from  abuse,
39    neglect or exploitation due to physical or mental impairment which affects the
40    person's  judgment  or  behavior to the extent that he lacks sufficient under-
41    standing or capacity to make or communicate or implement  decisions  regarding
42    his person.
43        Nothing  in  this  chapter  shall be construed to mean a person is abused,
44    neglected, or exploited for the sole reason he is relying  upon  treatment  by
45    spiritual  means  through prayer alone in accordance with the tenets and prac-
46    tices of a recognized church or religious denomination; nor shall  the  provi-
47    sions of this chapter be construed to require any medical care or treatment in
48    contravention of the stated or implied objection of such a person.

49        SECTION  4.  That  Section 39-5303, Idaho Code, be, and the same is hereby
50    amended to read as follows:



 1    NERABLE  ADULTS.  (1)  Any  physician,  nurse, employee of a public or private
 2    health facility, or a  state licensed or certified residential facility  serv-
 3    ing  vulnerable  adults, medical examiner, dentist, ombudsman for the elderly,
 4    osteopath, optometrist, chiropractor, podiatrist, social worker, police  offi-
 5    cer,  pharmacist,  physical therapist, or home care worker who  has reasonable
 6    cause to believe that  a  vulnerable  adult  is  being  or  has  been  abused,
 7    neglected  or  exploited shall immediately report such information to the com-
 8    mission. Provided however, that skilled nursing facilities defined in  section
 9    39-1301(b),  Idaho  Code,  and employees of such facilities shall make reports
10    required under this chapter to the department    of  health  and  welfare
11    . Failure to report as provided under this section is a misdemeanor sub-
12    ject to punishment as provided in section 18-113, Idaho Code.
13        (2)    Any  person,  including any officer or employee of a financial
14    institution, who has reasonable cause to believe that a  vulnerable  adult  is
15    being  abused,  neglected or exploited may report such information to the com-
16    mission or its contractors.
17        (3)  The commission and its contractors shall make training  available  to
18    officers  and employees of financial institutions in identifying and reporting
19    instances of abuse, neglect or exploitation involving vulnerable adults.
20        (4)   Any person who makes any report pursuant to this  chapter,  or
21    who  testifies  in any administrative or judicial proceeding arising from such
22    report, or who is authorized to provide supportive or emergency services  pur-
23    suant  to  the  provisions  of this chapter, shall be immune from any civil or
24    criminal liability on account of such report, testimony or  provision  of
25     services  provided in good faith , except that such immunity
26    shall  not extend to perjury, reports made in bad faith or with malicious pur-
27    pose nor, in the case of provision of services, in the presence of gross  neg-
28    ligence under the existing circumstances.

29        SECTION  5.  That  Section 39-5304, Idaho Code, be, and the same is hereby
30    amended to read as follows:

32    When  a report is required pursuant to this chapter, such report shall be made
33    immediately to the commission  or appropriate contractor . Provided
34    however, that skilled nursing facilities defined in section 39-1301(b),  Idaho
35    Code,  and employees of such facilities shall make reports required under this
36    chapter to the department  of health and welfare .  If  known,  the
37    report  shall  contain the name and address of the vulnerable adult; the care-
38    taker; the alleged perpetrator; the nature  and  extent  of  suspected  abuse,
39    neglect  or exploitation; and any other information that will be of assistance
40    in the investigation.
41        (2)  If the allegations in the report indicate that an  emergency  exists,
42    the commission  or contractor  must initiate an investigation imme-
43    diately, and initiate contact with the alleged vulnerable adult within twenty-
44    four (24) hours. All other investigations must be initiated within seventy-two
45    (72) hours.
46        (3)  The   commission's  investigation shall include a determi-
47    nation of the nature, extent and cause of the abuse, neglect, or exploitation,
48    examination of evidence and consultation with persons thought to  have  knowl-
49    edge  of  the  circumstances  and  identification,  if possible, of the person
50    alleged to be responsible for the abuse, neglect or exploitation of  the  vul-
51    nerable adult.
52        (4)  The  investigation  shall  include  an  interview with the vulnerable
53    adult, if possible. The commission  or contractor    shall  conduct


 1    the  interview,  preferably,  by means of a personal visit with the vulnerable
 2    adult in the adult's dwelling. If that is  not  possible,  the  interview  may
 3    occur  in the local office of the commission  or contractor , or by
 4    telephone  conversation, or by any other means  available  to  the  commission
 5     or contractor .
 6        (5)  Upon completion of an investigation, the commission  or contrac-
 7    tor    shall  prepare a written report of the investigation. The name of
 8    the person making the original report or any person mentioned  in  the  report
 9    shall  not be disclosed unless those persons specifically request such disclo-
10    sure or unless the disclosure is made pursuant to a request to law enforcement
11    for emergency access, a court order or hearing.
12        If the abuse, neglect, or exploitation is substantiated to  have  occurred
13    in  a  state  certified  or licensed facility, a copy of the findings shall be
14    sent to the licensing and certification office  of  the  department    of
15    health and welfare .
16        If  the  commission  or contractor  determines that a report is
17    unsubstantiated and that no other law has been violated, all  records  related
18    to  the  report  shall be expunged no later than three (3) years following the
19    completion of the investigation.

20        SECTION 6.  That Section 39-5305, Idaho Code, be, and the same  is  hereby
21    amended to read as follows:

22        39-5305.  INSPECTIONS  --  RIGHT  OF ENTRY. (1) Upon receiving information
23    that a vulnerable adult is alleged to be abused, neglected, or exploited,  the
24    commission    or  contractor   shall cause such investigation to be
25    made in accordance with the provisions of this chapter as is  appropriate.  In
26    making  the investigation, the commission  or contractor  shall use
27    its own resources and may enlist the cooperation  of  peace  officers.  In  an
28    emergency any authorized commission employee or  contract employee 
29      contractor    shall  enlist the cooperation of a peace officer to
30    ensure the safety of the vulnerable adult, and they shall  receive  the  peace
31    officer's  assistance.    Assistance in an emergency may include entry on
32    private or public property where a vulnerable adult is  allegedly  subject  to
33    abuse, neglect or exploitation, and the removal and transportation of the vul-
34    nerable  adult to a medical facility, care-providing facility, or other appro-
35    priate and safe environment. 
36        (2)   In a nonemergency, any peace  officer  may  cooperate  with  an
37    authorized  commission employee or contractor in ensuring the safety of a vul-
38    nerable adult who has been abused, neglected or exploited, including a vulner-
39    able adult living in a condition of self-neglect.  Assistance  shall  only  be
40    provided with the consent of the vulnerable adult or his legal representative.
41        (3)   For the purposes of implementing or enforcing any provision of
42    this  chapter or any rule authorized under the provisions of this chapter, any
43    duly authorized  state   commission  employee  or  
44    representative   contractor  may, upon presentation of appro-
45    priate  credentials  at  any reasonable time, with consent or in an emergency,
46    enter upon any private or public property where a vulnerable  adult  allegedly
47    is subject to abuse, neglect, or exploitation.
48        (  3    4  )  All inspections and searches conducted
49    under the provisions of this chapter shall be performed in conformity with the
50    prohibitions against unreasonable  searches  and  seizures  contained  in  the
51    fourth  amendment to the constitution of the United States and article I, sec-
52    tion 17, of the constitution of the state of Idaho. The state shall not, under
53    the authority granted in  this  chapter,  conduct  warrantless  administrative


 1    searches of private property except with consent, or in an emergency.
 2        (  4   5 )  If consent to entry is not given, a com-
 3    mission  representative   employee or contractor    with
 4    the assistance of the county prosecutor may obtain, and any magistrate or dis-
 5    trict judge is authorized to issue a search warrant upon showing that probable
 6    cause  exists    to believe a vulnerable adult is subject to abuse, neglect or
 7    exploitation. Upon request of a commission  representative    
 8    employee or contractor , a peace officer shall serve the search warrant.

 9        SECTION  7.  That  Section 39-5306, Idaho Code, be, and the same is hereby
10    amended to read as follows:

11        39-5306.  SUPPORTIVE SERVICES AND DISCLOSURE. (1) If there  is  substanti-
12    ated  abuse,  neglect,  or  exploitation of a vulnerable adult, the commission
13     or contractor  has the  responsibility  to  assist  the  adult  in
14    obtaining available services.
15        (2)  If  the commission  or contractor  develops a plan of sup-
16    portive services for the vulnerable adult, the plan shall provide  for  appro-
17    priate  supportive  services  available to the vulnerable adult that are least
18    restrictive  for the   to  personal  freedom  and  shall
19    provide encouragement for client self-determination and continuity of care.
20        (3)  If the vulnerable adult does not consent to the receipt of reasonable
21    and  necessary  supportive services, or if the vulnerable adult withdraws con-
22    sent, services shall not be provided or continued.
23        (4)  If the commission  or contractor  determines that  a  vul-
24    nerable  adult  is an incapacitated person, as defined in section 15-5-101(a),
25    Idaho Code, mentally ill as defined in section 66-317, Idaho Code, or develop-
26    mentally disabled as defined in section 66-402,  Idaho  Code,  the  commission
27      or contractor  may petition the court for protective proceedings,
28    appointment of a guardian or conservator and such other relief as may be  pro-
29    vided  by  chapter  5,  title  15, Idaho Code, and chapters 3 and 4, title 66,
30    Idaho Code.
31        (5)  An employee or  contract employee   contractor 
32    of the commission shall not be appointed the guardian or conservator of a vul-
33    nerable adult unless the commission employee or  contract employee 
34     contractor  has a spousal or familial relationship with  the  vul-
35    nerable adult.

36        SECTION  8.  That  Section 39-5308, Idaho Code, be, and the same is hereby
37    amended to read as follows:

38        39-5308.  INTERAGENCY COOPERATION. (1) In performing the duties set  forth
39    in  this  chapter,  the  commission  or contractor  may request the
40    assistance of the staffs and resources of all appropriate  state  departments,
41    agencies and commissions and local health directors, and may utilize any other
42    public  or private agencies, groups or individuals who are appropriate and who
43    may  be  available.    Interagency  multidisciplinary  cooperation  shall
44    include the involvement,  when  appropriate,  of  law  enforcement  personnel,
45    department personnel, medical personnel, and any other person or entity deemed
46    necessary  due to their specialized training in providing services to vulnera-
47    ble adults. Multidisciplinary cooperation shall also include access to  client
48    information  necessary  for  the  provision  of services to vulnerable adults.
50        (2)  The commission shall provide to the department   of  health  and
51    welfare a periodic current   on at least a quarterly basis a 


 1    listing of all alleged perpetrators against whom an allegation of adult abuse,
 2    neglect  or exploitation has been substantiated .   to be used
 3    pursuant to statutory authority and rule   Upon request, all avail-
 4    able supportive information shall be provided to enable the department  
 5    to  conduct    a    criminal background  check or  
 6    checks and  other required investigations.
 7        (3)  The department shall provide to the commission    or  contractor
 8      any report received under this chapter from a skilled nursing facility
 9    defined in section 39-1301(b), Idaho Code, or an employee of such facility.
10         (4)  The commission or contractor shall provide the department  with
11    any report received under this chapter involving allegations of abuse, neglect
12    or  exploitation occurring in a skilled nursing facility as defined in section
13    39-1301(b), Idaho Code.
14        (5)  The   commission,   contractors   and   the   department   shall  use
15    multidisciplinary staffing when necessary and share client and facility infor-
16    mation necessary to provide services to vulnerable adults. 

17        SECTION 9.  That Section 39-5309, Idaho Code, be, and the same  is  hereby
18    amended to read as follows:

19        39-5309.  COORDINATION  OF  SERVICES.  Subsequent to the authorization for
20    the provision of reasonable and necessary emergency and support services,  the
21    commission   or contractor  shall initiate a review of each case at
22    reasonable intervals over a reasonable period of time as the commission  
23    or  contractor    deems  necessary  based upon the circumstances in each
24    individual case to determine whether continuation or modification of the  ser-
25    vices provided is warranted. A decision to continue the provision of such ser-
26    vices  should  be  made in concert with appropriate personnel from state agen-
27    cies, departments, service providers and others, and  shall  comply  with  the
28    consent provisions of this chapter.

29        SECTION  10.  That Section 39-5310, Idaho Code, be, and the same is hereby
30    amended to read as follows:

31        39-5310.  REPORT TO LAW ENFORCEMENT -- PROSECUTION. If, as the  result  of
32    any  investigation  initiated under the provisions of this chapter, it appears
33    that the abuse, neglect, or exploitation has caused injury or a serious  impo-
34    sition on the rights of the vulnerable adult, the commission shall immediately
35    notify the appropriate law enforcement agency which shall initiate an investi-
36    gation  and  shall  determine whether criminal proceedings should be initiated
37    against the caretaker or other persons in  accordance  with  applicable  state
38    law.     The  abuse,  neglect, or exploitation of a vulnerable adult is a
39    misdemeanor under section 18-1505, Idaho Code, and is subject  to  punishments
40    provided in section 18-113, Idaho Code, and other applicable state law. 

Statement of Purpose / Fiscal Impact


                           STATEMENT OF PURPOSE
    Adult Protection (AP) services are directed toward assisting and empowering vulnerable adults 
    who are experiencing difficulties in managing their own affairs or are unable to protect 
    themselves from abuse, neglect, or exploitation. The proposed amendments to adult protection 
    and public records disclosure laws will enhance the ability of AP services to empower 
    vulnerable adults in four (4) areas relevant to provision of service:
 1. The proposed amendments declare policy for the provision of AP services and emphasize 
    the importance of a vulnerable adult's right to decision-making autonomy and 
 2. The proposed amendments allow any person, including any officer or employee of a financial 
    institution, who has reasonable cause to believe that a vulnerable adult is being abused, 
    neglected, or exploited to report the incident to the Commission on Aging. The reporter is 
    immune from civil or criminal liability arising from the report unless the report is made in bad 
    faith or with malicious purpose.
 3. The proposed amendments clarify what discretionary actions may be taken by law 
    enforcement in emergency and non-emergency situations to ensure the safety of vulnerable 
 4. The proposed amendments allow collaborating multidisciplinary professionals access to 
    information necessary for the provision of services to vulnerable adults and ensure client 
                               FISCAL IMPACT
    Name: Omar R. Valverde A., Esq.,
    Agency: Idaho Commission on Aging
    Phone: 334-2220
    Statement of Purpose/Fiscal Impact
    H 455