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H0708.................................................by HEALTH AND WELFARE
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
and to provide penalties for false reports; 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.
02/13 House intro - 1st rdg - to printing
02/16 Rpt prt - to Health/Wel
03/05 Rpt out - rec d/p - to 2nd rdg
03/06 2nd rdg - to 3rd rdg
03/09 3rd rdg - PASSED - 64-3-3
AYES -- Alltus, Barraclough, Bell, Bieter, Bivens, Black(15),
Black(23), Boe, Bruneel, Callister, Campbell, Chase, Clark, Crane,
Crow, Cuddy, Deal, Denney, Ellsworth, Gagner, Geddes, Gould, Hadley,
Hansen, Henbest, Hornbeck, Jaquet, Jones(9), Jones(22), Judd,
Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake, Linford,
Loertscher, Mader, Marley, McKague, Meyer, Miller, Mortensen,
Newcomb, Pischner, Pomeroy, Reynolds, Richman, Ridinger, Robison,
Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Taylor, Tilman,
Tippets, Trail, Watson, Wheeler, Zimmermann, Mr Speaker
NAYS -- Barrett, Sali, Wood
Absent and excused -- Field(13), Field(20), Jones(20),
Floor Sponsor - Richman
Title apvd - to Senate
03/10 Senate intro - 1st rdg - to Health/Wel
03/17 Rpt out - rec d/p - to 2nd rdg
03/18 2nd rdg - to 3rd rdg
03/19 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Crow,
Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
Sweeney, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Cameron
Floor Sponsor - Ipsen
Title apvd - to House
03/20 To enrol - rpt enrol - Sp signed
03/23 Pres signed - to Governor
03/24 Governor signed
Session Law Chapter 308
Effective: 07/01/98
H0708|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 708 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO ADULT PROTECTION SERVICES; AMENDING SECTION 9-340, IDAHO CODE, TO 3 EXEMPT FROM PUBLIC DISCLOSURE RECORDS OF INVESTIGATIONS COMPILED AND HELD 4 BY THE COMMISSION ON AGING INVOLVING VULNERABLE ADULTS ALLEGED TO BE 5 ABUSED, NEGLECTED OR EXPLOITED; AMENDING CHAPTER 53, TITLE 39, IDAHO CODE, 6 BY THE ADDITION OF A NEW SECTION 39-5301A, IDAHO CODE, TO PROVIDE A DECLA- 7 RATION OF POLICY; AMENDING SECTION 39-5302, IDAHO CODE, TO FURTHER DEFINE 8 TERMS; AMENDING SECTION 39-5303, IDAHO CODE, TO PROVIDE THAT A PERSON MAY 9 REPORT ABUSE, NEGLECT AND EXPLOITATION OF VULNERABLE ADULTS TO THE COMMIS- 10 SION ON AGING, TO PROVIDE FOR TRAINING, TO MAKE A TECHNICAL CORRECTION, 11 AND TO PROVIDE PENALTIES FOR REPORTS OR ALLEGATIONS MADE IN BAD FAITH WITH 12 MALICE, FALSITY OR OPPRESSION; AMENDING SECTION 39-5304, IDAHO CODE, TO 13 PROVIDE REFERENCES TO CONTRACTORS AND TO ABBREVIATE REFERENCES TO THE 14 DEPARTMENT OF HEALTH AND WELFARE; AMENDING SECTION 39-5305, IDAHO CODE, TO 15 PROVIDE REFERENCES TO CONTRACTORS, TO PROVIDE THAT A POLICE OFFICER'S 16 ASSISTANCE IN AN EMERGENCY MAY INCLUDE A RIGHT OF ENTRY ONTO PRIVATE PROP- 17 ERTY, TO PROVIDE FOR ASSISTANCE OF A POLICE OFFICER IN A NONEMERGENCY IF 18 CONSENT IS GIVEN AND TO PROVIDE REFERENCES TO THE COMMISSION; AMENDING 19 SECTION 39-5306, IDAHO CODE, TO PROVIDE REFERENCES TO CONTRACTORS AND TO 20 MAKE A TECHNICAL CORRECTION; AMENDING SECTION 39-5308, IDAHO CODE, TO PRO- 21 VIDE FOR INTERAGENCY COOPERATION, TO PROVIDE FOR QUARTERLY COMMUNICATION 22 WITH THE DEPARTMENT OF HEALTH AND WELFARE AND TO PROVIDE FOR AN EXCHANGE 23 OF INFORMATION; AMENDING SECTION 39-5309, IDAHO CODE, TO PROVIDE REFER- 24 ENCES TO CONTRACTORS; AND AMENDING SECTION 39-5310, IDAHO CODE, TO MAKE 25 REFERENCE TO MISDEMEANORS AND PUNISHMENTS. 26 Be It Enacted by the Legislature of the State of Idaho: 27 SECTION 1. That Section 9-340, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 9-340. RECORDS EXEMPT FROM DISCLOSURE. The following records are exempt 30 from disclosure: 31 (1) Exemption under state or federal law or court rule. 32 (a) Any public record exempt from disclosure by federal or state law or 33 federal regulations to the extent specifically provided for by such law or 34 regulation. 35 (b) Records contained in court files of judicial proceedings, the disclo- 36 sure of which is prohibited by or under rules adopted by the Idaho supreme 37 court, but only to the extent that confidentiality is provided under such 38 rules, and any drafts or other working memoranda related to judicial 39 decision-making, provided the provisions of this subsection making records 40 exempt from disclosure shall not apply to the extent that such records or 41 information contained in those records are necessary for a background 42 check on an individual that is required by federal law regulating the sale 43 of firearms, guns or ammunition. 2 1 (2) Law enforcement records, investigatory records of agencies, worker's 2 compensation. 3 (a) Investigatory records of a law enforcement agency, as defined in sec- 4 tion 9-337(5), Idaho Code, under the conditions set forth in section 5 9-335, Idaho Code. 6 (b) Juvenile records of a person maintained pursuant to chapter 5, title 7 20, Idaho Code, except that facts contained in such records shall be fur- 8 nished upon request in a manner determined by the court to persons and 9 governmental and private agencies and institutions conducting pertinent 10 research studies or having a legitimate interest in the protection, wel- 11 fare and treatment of the juvenile. If the juvenile is fourteen (14) years 12 or older and is adjudicated guilty of an offense which would be a felony 13 if committed by an adult, the name, offense of which the juvenile was 14 adjudicated and disposition of the court shall be subject to disclosure. 15 Additionally, facts contained in any records of a juvenile maintained 16 under chapter 5, title 20, Idaho Code, shall be furnished upon request to 17 any school district where the juvenile is enrolled or is seeking enroll- 18 ment. 19 (c) Records of the department of correction or the commission of pardons 20 and parole to the extent that disclosure thereof would interfere with the 21 secure and orderly conduct of their operations, or the rehabilitation of 22 any person in the custody of the department of correction or on parole, or 23 would substantially prejudice or prevent the carrying out of the functions 24 of the department of correction or the commission of pardons and parole if 25 the public interest in confidentiality clearly outweighs the public inter- 26 est in disclosure. Records exempt from disclosure shall include, but not 27 be limited to, those containing the names and addresses of witnesses or 28 victims or those containing information identifying victims or witnesses. 29 (d) Records of the sheriff or department of law enforcement received or 30 maintained pursuant to section 18-3302, Idaho Code, relating to an appli- 31 cant or licensee. 32 (e) Records of investigations prepared by the department of health and 33 welfare pursuant to its statutory responsibilities dealing with the pro- 34 tection of children, the rehabilitation of youth, adoptions and the com- 35 mitment of mentally ill persons. 36 (f) Records including, but not limited to, investigative reports, result- 37 ing from investigations conducted into complaints of discrimination made 38 to the Idaho human rights commission unless the public interest in allow- 39 ing inspection and copying of such records outweighs the legitimate public 40 or private interest in maintaining confidentiality of such records. A per- 41 son may inspect and copy documents from an investigative file to which he 42 or she is a named party if such documents are not otherwise prohibited 43 from disclosure by federal law or regulation or state law. The confidenti- 44 ality of this subsection will no longer apply to any record used in any 45 judicial proceeding brought by a named party to the complaint or investi- 46 gation, or by the Idaho human rights commission, relating to the complaint 47 of discrimination. 48 (g) Records containing information obtained by the manager of the Idaho 49 state insurance fund pursuant to chapter 9, title 72, Idaho Code, from or 50 on behalf of employers or employees contained in underwriting and claims 51 for benefits files. 52 (h) The worker's compensation records of the Idaho industrial commission 53 provided that the industrial commission shall make such records available: 54 (i) To the parties in any worker's compensation claim and to the 55 industrial special indemnity fund of the state of Idaho; or 3 1 (ii) To employers and prospective employers subject to the provi- 2 sions of the Americans with disabilities act, 42 U.S.C. 12112, or 3 other statutory limitations, who certify that the information is 4 being requested with respect to a worker to whom the employer has 5 extended an offer of employment and will be used in accordance with 6 the provisions of the Americans with disabilities act, 42 U.S.C. 7 12112, or other statutory limitations; or 8 (iii) To employers and prospective employers not subject to the pro- 9 visions of the Americans with disabilities act, 42 U.S.C. 12112, or 10 other statutory limitations, provided the employer presents a written 11 authorization from the person to whom the records pertain; or 12 (iv) To others who demonstrate that the public interest in allowing 13 inspection and copying of such records outweighs the public or pri- 14 vate interest in maintaining the confidentiality of such records, as 15 determined by a civil court of competent jurisdiction. 16 (i) Records of investigations compiled by the commission on aging 17 involving vulnerable adults, as defined in section 18-1505, Idaho Code, 18 alleged to be abused, neglected or exploited. 19 (3) Privacy, personnel records, personal information, health records, 20 professional discipline. 21 (a) Except as provided in this subsection, all personnel records of a 22 current or former public official other than the public official's public 23 service or employment history, classification, pay grade and step, longev- 24 ity, gross salary and salary history, status, workplace and employing 25 agency. All other personnel information relating to a public employee or 26 applicant including, but not limited to, information regarding sex, race, 27 marital status, birth date, home address and telephone number, applica- 28 tions, testing and scoring materials, grievances, correspondence and per- 29 formance evaluations, shall not be disclosed to the public without the 30 employee's or applicant's written consent. A public official or authorized 31 representative may inspect and copy his personnel records, except for 32 material used to screen and test for employment. 33 (b) Retired employees' and retired public officials' home addresses, home 34 telephone numbers and other financial and nonfinancial membership records; 35 active and inactive member financial and membership records and mortgage 36 portfolio loan documents maintained by the public employee retirement sys- 37 tem. Financial statements prepared by retirement system staff, funding 38 agents and custodians concerning the investment of assets of the public 39 employee retirement system of Idaho are not considered confidential under 40 this chapter. 41 (c) Information and records submitted to the Idaho state lottery for the 42 performance of background investigations of employees, lottery retailers 43 and major procurement contractors; audit records of lottery retailers, 44 vendors and major procurement contractors submitted to or performed by the 45 Idaho state lottery; validation and security tests of the state lottery 46 for lottery games; business records and information submitted pursuant to 47 sections 67-7412(8) and (9) and 67-7421(8) and (9), Idaho Code, and such 48 documents and information obtained and held for the purposes of lottery 49 security and investigative action as determined by lottery rules unless 50 the public interest in disclosure substantially outweighs the private need 51 for protection from public disclosure. 52 (d) Records of a personal nature as follows: 53 (i) Records of personal debt filed with a public agency pursuant to 54 law; 55 (ii) Personal bank records compiled by a public depositor for the 4 1 purpose of public funds transactions conducted pursuant to law; 2 (iii) Records of ownership of financial obligations and instruments 3 of a public agency, such as bonds, compiled by the public agency pur- 4 suant to law; 5 (iv) Records, with regard to the ownership of, or security interests 6 in, registered public obligations; 7 (v) Vital statistics records; 8 (vi) Except as provided in this subsection, all information provided 9 to a law enforcement agency for sex offender registration pursuant 10 to the provisions of section 18-8306, Idaho Code: 11 1. Such information shall be available upon request to a law 12 enforcement agency; and 13 2. The information provided pursuant to the provisions of sub- 14 sections (1) and (3) of section 18-8306, Idaho Code, shall be 15 provided to any person upon written request. Such written 16 request shall include the name and either date of birth or 17 address of the person for whom the information is requested. 18 (e) Information in an income or other tax return measured by items of 19 income or sales, which is gathered by a public agency for the purpose of 20 administering the tax, except such information to the extent disclosed in 21 a written decision of the tax commission pursuant to a taxpayer protest of 22 a deficiency determination by the tax commission, under the provisions of 23 section 63-3045B, Idaho Code. 24 (f) Records of a personal nature related directly or indirectly to the 25 application for and provision of statutory services rendered to persons 26 applying for public care for the elderly, indigent, or mentally or physi- 27 cally handicapped, or participation in an environmental or a public health 28 study, provided the provisions of this subsection making records exempt 29 from disclosure shall not apply to the extent that such records or infor- 30 mation contained in those records are necessary for a background check on 31 an individual that is required by federal law regulating the sale of fire- 32 arms, guns or ammunition. 33 (g) Employment security information and unemployment insurance benefit 34 information, except that all interested parties may agree to waive the 35 exemption. 36 (h) Any personal records, other than names, business addresses and busi- 37 ness phone numbers, such as parentage, race, religion, sex, height, 38 weight, tax identification and social security numbers, financial worth or 39 medical condition submitted to any public agency pursuant to a statutory 40 requirement for licensing, certification, permit or bonding. 41 (i) Unless otherwise provided by agency rule, information obtained as 42 part of an inquiry into a person's fitness to be granted or retain a 43 license, certificate, permit, privilege, commission or position, private 44 association peer review committee records authorized in title 54, Idaho 45 Code. Any agency which has records exempt from disclosure under the pro- 46 visions of this subsection shall annually make available a statistical 47 summary of the number and types of matters considered and their disposi- 48 tion. 49 (j) The records, finding, determinations and decision of any prelitiga- 50 tion screening panel formed under chapter 10, title 6, Idaho Code. 51 (k) Board of professional discipline reprimands by informal admonition 52 pursuant to subsection (6)(f) of section 54-1806A, Idaho Code. 53 (l) Records of the department of health and welfare or a public health 54 district thatidentifiesidentify a person 55 infected with a reportable disease. 5 1 (m) Records of hospital care, medical records, records of psychiatric 2 care or treatment and professional counseling records relating to an 3 individual's condition, diagnosis, care or treatment, provided the provi- 4 sions of this subsection making records exempt from disclosure shall not 5 apply to the extent that such records or information contained in those 6 records are necessary for a background check on an individual that is 7 required by federal law regulating the sale of firearms, guns or ammuni- 8 tion. 9 (4) Trade secrets, production records, appraisals, bids, proprietary 10 information. 11 (a) Trade secrets including those contained in response to public agency 12 requests for proposal, requests for clarification, requests for informa- 13 tion and similar requests. "Trade secrets" as used in this section means 14 information, including a formula, pattern, compilation, program, com- 15 puter program, device, method, technique, process, or unpublished or in 16 progress research that: 17 (i) Derives independent economic value, actual or potential, from 18 not being generally known to, and not being readily ascertainable by 19 proper means by other persons who can obtain economic value from its 20 disclosure or use; and 21 (ii) Is the subject of efforts that are reasonable under the circum- 22 stances to maintain its secrecy. 23 (b) Production records, sale or purchase records, catch records, mortgage 24 portfolio loan documents, or similar business records of a private con- 25 cern or enterprise required by law to be submitted to or inspected by a 26 public agency. Nothing in this subsection shall limit the use which can 27 be made of such information for regulatory purposes or its admissibility 28 in any enforcement proceeding. 29 (c) Records relating to the appraisal of real property, timber or mineral 30 rights prior to its acquisition, sale or lease by a public agency. 31 (d) Any estimate prepared by a public agency that details the cost of a 32 public project until such time as disclosed or bids are opened, or upon 33 award of the contract for construction of the public project. 34 (e) Examination, operating or condition reports and all documents relat- 35 ing thereto, prepared by or supplied to any public agency responsible for 36 the regulation or supervision of financial institutions including, but not 37 limited to, banks, savings and loan associations, regulated lenders, busi- 38 ness and industrial development corporations, credit unions, and insurance 39 companies, or for the regulation or supervision of the issuance of securi- 40 ties. 41 (f) Records gathered by a local agency or the Idaho department of com- 42 merce, as described in chapter 47, title 67, Idaho Code, for the specific 43 purpose of assisting a person to locate, maintain, invest in, or expand 44 business operations in the state of Idaho. 45 (g) Shipping and marketing records of commodity commissions used to eval- 46 uate marketing and advertising strategies and the names and addresses of 47 growers and shippers maintained by commodity commissions. 48 (h) Financial statements and business information and reports submitted 49 by a legal entity to a port district organized under title 70, Idaho Code, 50 in connection with a business agreement, or with a development proposal or 51 with a financing application for any industrial, manufacturing, or other 52 business activity within a port district. 53 (i) Names and addresses of seed companies, seed crop growers, seed crop 54 consignees, locations of seed crop fields, variety name and acreage by 55 variety. Upon the request of the owner of the proprietary variety, this 6 1 information shall be released to the owner. Provided, however, that if a 2 seed crop has been identified as diseased or has been otherwise identified 3 by the Idaho department of agriculture, other state departments of agri- 4 culture, or the United States department of agriculture to represent a 5 threat to that particular seed or commercial crop industry or to individ- 6 ual growers, information as to test results, location, acreage involved 7 and disease symptoms of that particular seed crop, for that growing sea- 8 son, shall be available for public inspection and copying. This exemption 9 shall not supersede the provisions of section 22-436, Idaho Code. 10 (j) Information obtained from books, records, and accounts required in 11 chapter 47, title 22, Idaho Code, to be maintained by the Idaho canola and 12 rapeseed commission and pertaining to the individual production records of 13 canola or rapeseed growers. 14 (k) Records of any risk retention or self-insurance program prepared in 15 anticipation of litigation or for analysis of or settlement of potential 16 or actual money damage claims against a public entity and its employees or 17 against the industrial special indemnity fund except as otherwise 18 discoverable under the Idaho or federal rules of civil procedure. These 19 records shall include, but are not limited to, claims evaluations, inves- 20 tigatory records, computerized reports of losses, case reserves, internal 21 documents and correspondence relating thereto. At the time any claim is 22 concluded, only statistical data and actual amounts paid in settlement 23 shall be deemed a public record unless otherwise ordered to be sealed by a 24 court of competent jurisdiction. Provided however, nothing in this subsec- 25 tion is intended to limit the attorney client privilege or attorney work 26 product privilege otherwise available to any public agency. 27 (l) Records of laboratory test results provided by or retained by the 28 department of agriculture's quality assurance laboratory. Nothing in this 29 subsection shall limit the use which can be made, or availability of such 30 information if used, for regulatory purposes or its admissibility in any 31 enforcement proceeding. 32 (m) Reports required to be filed under chapter 13, title 62, Idaho Code, 33 identifying electrical or natural or manufactured gas consumption data for 34 an individual customer or account. 35 (n) Voluntarily prepared environmental audits, and voluntary disclosures 36 of information submitted to an environmental agency as defined in section 37 9-803, Idaho Code, which are claimed to be confidential business informa- 38 tion. 39 (o) Computer programs developed or purchased by or for any public agency 40 for its own use. As used in this subsection, "computer program" means a 41 series of instructions or statements which permit the functioning of a 42 computer system in a manner designed to provide storage, retrieval and 43 manipulation of data from the computer system, and any associated documen- 44 tation and source material that explain how to operate the computer pro- 45 gram. Computer program does not include: 46 (i) The original data including, but not limited to, numbers, text, 47 voice, graphics and images; 48 (ii) Analysis, compilation and other manipulated forms of the origi- 49 nal data produced by use of the program; or 50 (iii) The mathematical or statistical formulas that would be used if 51 the manipulated forms of the original data were to be produced manu- 52 ally. 53 (5) Archaeological, endangered species, libraries, legislative, test 54 keys, miscellaneous exemptions. 55 (a) Records, maps or other records identifying the location of archaeo- 7 1 logical or geophysical sites or endangered species, if not already known 2 to the general public. 3 (b) Archaeological and geologic records concerning exploratory drilling, 4 logging, mining and other excavation, when such records are required to be 5 filed by statute for the time provided by statute. 6 (c) The records of a library which, when examined alone, or when examined 7 with other public records, would reveal the identity of the library patron 8 checking out, requesting, or using an item from a library. 9 (d) The material of a library, museum or archive which has been contrib- 10 uted by a private person, to the extent of any limitation that is a condi- 11 tion of the contribution. 12 (e) Test questions, scoring keys, and other data used to administer a 13 licensing examination, employment, academic or other examination or test- 14 ing procedure before the examination is given if the examination is to be 15 used again. Records establishing procedures for and instructing persons 16 administering, grading or evaluating an examination or testing procedure 17 are included in this exemption, to the extent that disclosure would create 18 a risk that the result might be affected. 19 (f) Records consisting of draft legislation and documents specifically 20 related to such draft legislation or research requests submitted to the 21 legislative services office by a member of the Idaho legislature for the 22 purpose of placing such draft legislation into a form suitable for intro- 23 duction as official proposed legislation of the legislature of the state 24 of Idaho, unless the individual legislator having submitted or requested 25 such records or research agrees to waive the provisions of confidentiality 26 provided by this subsection. 27 (g) All papers, physical and electronic records and correspondence or 28 other supporting materials comprising the work papers in the possession of 29 the legislative services office or the director of legislative performance 30 evaluations prior to release of the related final audit and all other 31 records or materials in the possession of the legislative services office 32 or the director of legislative performance evaluations that would other- 33 wise be confidential or exempt from disclosure. 34 (h) Records that identify the method by which the Idaho state tax com- 35 mission selects tax returns for audit review. 36 SECTION 2. That Chapter 53, Title 39, Idaho Code, be, and the same is 37 hereby amended by the addition thereto of a NEW SECTION , to be 38 known and designated as Section 39-5301A, Idaho Code, and to read as follows: 39 39-5301A. DECLARATION OF POLICY. (1) It is the intent of the adult abuse, 40 neglect and exploitation act to authorize the fewest possible restrictions on 41 the exercise of personal freedom and religious beliefs consistent with a vul- 42 nerable adult's need for services and to empower vulnerable adults to protect 43 themselves. 44 (2) The legislature recognizes that vulnerable adults sometimes experi- 45 ence difficulties managing their own affairs or are unable to protect them- 46 selves from abuse, neglect or exploitation. Often, vulnerable adults cannot 47 find others who are able or willing to provide assistance. 48 (3) The commission is directed to investigate allegations of abuse, 49 neglect, self-neglect or exploitation involving a vulnerable adult, to make 50 appropriate referrals to law enforcement, and to arrange for the provision of 51 necessary services. Further, the commission shall honor a vulnerable adult's 52 freedom of choice and right to self-determination. When it becomes necessary 53 for the commission to assist a vulnerable adult, actions shall be tempered by 8 1 the requirements of due process and must place the fewest possible restric- 2 tions on personal freedom. Services provided under this act are also intended 3 to provide assistance to caregiving families experiencing difficulties in 4 maintaining functionally impaired relatives in the household. 5 (4) In the process of carrying out its adult protection responsibilities, 6 the commission is directed to make effective use of multidisciplinary services 7 available through any and all public agencies, community-based organizations, 8 and informal resources. 9 SECTION 3. That Section 39-5302, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 39-5302. DEFINITIONS. For the purposes of this chapter: 12 (1) "Abuse" means thenonaccidentalintentional or 13 negligent infliction of physical pain, injury or mental injury. 14 (2) "Caretaker" means any individual or institution that is responsible 15 by relationship, contract, or court order to provide food, shelter or cloth- 16 ing, medical or other life-sustaining necessities to a vulnerable adult. 17 (3) "Commission" means the Idaho commission on aging, established pursu- 18 ant to chapter 50, title 67, Idaho Code. 19 (4) "Contractor" means an area agency on aging and its duly autho- 20 rized agents and employees providing adult protection services pursuant to a 21 contract with the commission in accordance with section 67-5011, Idaho Code. 22 The commission designates area agencies on aging pursuant to 42 U.S.C.A. 23 3025(a)(2)(A) and may establish by rule when duties or obligations under this 24 chapter may be fulfilled by an area agency on aging. 25 (5) "Department" means the Idaho department of health and welfare. 26 (6) "Emergency" meansa situationan exigent 27 circumstance in which a vulnerable adult's health and safety is placed 28 in imminent danger. Imminent danger is when death or severe bodily injury 29 could reasonably be expected to occur without intervention. 30 (57 ) "Exploitation" means an action which may 31 include, but is not limited to, the misuse of a vulnerable adult's funds, 32 property, or resources by another person for profit or advantage. 33 (68 ) "Neglect" means failure of a caretaker to 34 provide food, clothing, shelter or medical care reasonably necessary to sus- 35 tain the life and health of a vulnerable adult, or the failure of a vulnerable 36 adult to provide those services for himself. 37 (79 ) "Supportive services" means 38 noninvestigatory remedial, social, legal, health, educational, mental health 39 and referral services provided to a vulnerable adult. 40 (810 ) "Vulnerable adult" means a person eigh- 41 teen (18) years of age or older who is unable to protect himself from abuse, 42 neglect or exploitation due to physical or mental impairment which affects the 43 person's judgment or behavior to the extent that he lacks sufficient under- 44 standing or capacity to make or communicate or implement decisions regarding 45 his person. 46 Nothing in this chapter shall be construed to mean a person is abused, 47 neglected, or exploited for the sole reason he is relying upon treatment by 48 spiritual means through prayer alone in accordance with the tenets and prac- 49 tices of a recognized church or religious denomination; nor shall the provi- 50 sions of this chapter be construed to require any medical care or treatment in 51 contravention of the stated or implied objection of such a person. 52 SECTION 4. That Section 39-5303, Idaho Code, be, and the same is hereby 9 1 amended to read as follows: 2 39-5303. DUTY TO REPORT CASES OF ABUSE, NEGLECT OR EXPLOITATION OF VUL- 3 NERABLE ADULTS. (1) Any physician, nurse, employee of a public or private 4 health facility, or a state licensed or certified residential facility serv- 5 ing vulnerable adults, medical examiner, dentist, ombudsman for the elderly, 6 osteopath, optometrist, chiropractor, podiatrist, social worker, police offi- 7 cer, pharmacist, physical therapist, or home care worker who has reasonable 8 cause to believe that a vulnerable adult is being or has been abused, 9 neglected or exploited shall immediately report such information to the com- 10 mission. Provided however, that skilled nursing facilities defined in section 11 39-1301(b), Idaho Code, and employees of such facilities shall make reports 12 required under this chapter to the department .of health13and welfare.Failure to report as provided under this section is a mis- 14 demeanor subject to punishment as provided in section 18-113, Idaho Code. 15 (2) Any person, including any officer or employee of a financial 16 institution, who has reasonable cause to believe that a vulnerable adult is 17 being abused, neglected or exploited may report such information to the com- 18 mission or its contractors. 19 (3) The commission and its contractors shall make training available to 20 officers and employees of financial institutions in identifying and reporting 21 instances of abuse, neglect or exploitation involving vulnerable adults. 22 (4) Any person who makes any report pursuant to this chapter, or 23 who testifies in any administrative or judicial proceeding arising from such 24 report, or who is authorized to provide supportive or emergency services pur- 25 suant to the provisions of this chapter, shall be immune from any civil or 26 criminal liability on account of such report, testimony orprovision of27services provided in good faith , except that such immunity 28 shall not extend to perjury, reports made in bad faith or with malicious pur- 29 pose nor, in the case of provision of services, in the presence of gross neg- 30 ligence under the existing circumstances. 31 (5) Any person who makes a report or allegation in bad faith, with 32 malice or knowing it to be false, shall be liable to the party against whom 33 the report was made for the amount of actual damages sustained or statutory 34 damages in the amount of five hundred dollars ($500), whichever is greater, 35 plus attorney's fees and costs of suit. If the court finds that the defendant 36 acted with malice or oppression, the court may award treble actual damages or 37 treble statutory damages, whichever is greater. 38 SECTION 5. That Section 39-5304, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 39-5304. REPORTING REQUIREMENTS, INVESTIGATION, EMERGENCY ACCESS. (1) 41 When a report is required pursuant to this chapter, such report shall be made 42 immediately to the commission or appropriate contractor . Provided 43 however, that skilled nursing facilities defined in section 39-1301(b), Idaho 44 Code, and employees of such facilities shall make reports required under this 45 chapter to the department .of health and welfare.If 46 known, the report shall contain the name and address of the vulnerable adult; 47 the caretaker; the alleged perpetrator; the nature and extent of suspected 48 abuse, neglect or exploitation; and any other information that will be of 49 assistance in the investigation. 50 (2) If the allegations in the report indicate that an emergency exists, 51 the commission or contractor must initiate an investigation imme- 52 diately, and initiate contact with the alleged vulnerable adult within twenty- 10 1 four (24) hours. All other investigations must be initiated within seventy-two 2 (72) hours. 3 (3) Thecommission'sinvestigation shall include a determi- 4 nation of the nature, extent and cause of the abuse, neglect, or exploitation, 5 examination of evidence and consultation with persons thought to have knowl- 6 edge of the circumstances and identification, if possible, of the person 7 alleged to be responsible for the abuse, neglect or exploitation of the vul- 8 nerable adult. 9 (4) The investigation shall include an interview with the vulnerable 10 adult, if possible. The commission or contractor shall conduct 11 the interview, preferably, by means of a personal visit with the vulnerable 12 adult in the adult's dwelling. If that is not possible, the interview may 13 occur in the local office of the commission or contractor , or by 14 telephone conversation, or by any other means available to the commission 15 or contractor . 16 (5) Upon completion of an investigation, the commission or contrac- 17 tor shall prepare a written report of the investigation. The name of 18 the person making the original report or any person mentioned in the report 19 shall not be disclosed unless those persons specifically request such disclo- 20 sure or unless the disclosure is made pursuant to a request to law enforcement 21 for emergency access, a court order or hearing. 22 If the abuse, neglect, or exploitation is substantiated to have occurred 23 in a state certified or licensed facility, a copy of the findings shall be 24 sent to the licensing and certification office of the department . 25of health and welfare.26 If the commission or contractor determines that a report is 27 unsubstantiated and that no other law has been violated, all records related 28 to the report shall be expunged no later than three (3) years following the 29 completion of the investigation. 30 SECTION 6. That Section 39-5305, Idaho Code, be, and the same is hereby 31 amended to read as follows: 32 39-5305. INSPECTIONS -- RIGHT OF ENTRY. (1) Upon receiving information 33 that a vulnerable adult is alleged to be abused, neglected, or exploited, the 34 commission or contractor shall cause such investigation to be 35 made in accordance with the provisions of this chapter as is appropriate. In 36 making the investigation, the commission or contractor shall use 37 its own resources and may enlist the cooperation of peace officers. In an 38 emergency any authorized commission employee orcontract employee39 contractor shall enlist the cooperation of a peace officer to 40 ensure the safety of the vulnerable adult, and they shall receive the peace 41 officer's assistance. Assistance in an emergency may include entry on 42 private or public property where a vulnerable adult is allegedly subject to 43 abuse, neglect or exploitation, and the removal and transportation of the vul- 44 nerable adult to a medical facility, care-providing facility, or other appro- 45 priate and safe environment. 46 (2) In a nonemergency, any peace officer may cooperate with an 47 authorized commission employee or contractor in ensuring the safety of a vul- 48 nerable adult who has been abused, neglected or exploited, including a vulner- 49 able adult living in a condition of self-neglect. Assistance shall only be 50 provided with the consent of the vulnerable adult or his legal representative. 51 (3) For the purposes of implementing or enforcing any provision of 52 this chapter or any rule authorized under the provisions of this chapter, any 53 duly authorizedstatecommission employee or11 1representativecontractor may, upon presentation of appro- 2 priate credentials at any reasonable time, with consent or in an emergency, 3 enter upon any private or public property where a vulnerable adult allegedly 4 is subject to abuse, neglect, or exploitation. 5 (34 ) All inspections and searches conducted 6 under the provisions of this chapter shall be performed in conformity with the 7 prohibitions against unreasonable searches and seizures contained in the 8 fourth amendment to the constitution of the United States and article I, sec- 9 tion 17, of the constitution of the state of Idaho. The state shall not, under 10 the authority granted in this chapter, conduct warrantless administrative 11 searches of private property except with consent, or in an emergency. 12 (45 ) If consent to entry is not given, a com- 13 missionrepresentativeemployee or contractor with 14 the assistance of the county prosecutor may obtain, and any magistrate or dis- 15 trict judge is authorized to issue a search warrant upon showing that probable 16 cause exists to believe a vulnerable adult is subject to abuse, neglect or 17 exploitation. Upon request of a commissionrepresentative18 employee or contractor , a peace officer shall serve the search warrant. 19 SECTION 7. That Section 39-5306, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 39-5306. SUPPORTIVE SERVICES AND DISCLOSURE. (1) If there is substanti- 22 ated abuse, neglect, or exploitation of a vulnerable adult, the commission 23 or contractor has the responsibility to assist the adult in 24 obtaining available services. 25 (2) If the commission or contractor develops a plan of sup- 26 portive services for the vulnerable adult, the plan shall provide for appro- 27 priate supportive services available to the vulnerable adult that are least 28 restrictivefor theto personal freedom and shall 29 provide encouragement for client self-determination and continuity of care. 30 (3) If the vulnerable adult does not consent to the receipt of reasonable 31 and necessary supportive services, or if the vulnerable adult withdraws con- 32 sent, services shall not be provided or continued. 33 (4) If the commission or contractor determines that a vul- 34 nerable adult is an incapacitated person, as defined in section 15-5-101(a), 35 Idaho Code, mentally ill as defined in section 66-317, Idaho Code, or develop- 36 mentally disabled as defined in section 66-402, Idaho Code, the commission 37 or contractor may petition the court for protective proceedings, 38 appointment of a guardian or conservator and such other relief as may be pro- 39 vided by chapter 5, title 15, Idaho Code, and chapters 3 and 4, title 66, 40 Idaho Code. 41 (5) An employee orcontract employeecontractor 42 of the commission shall not be appointed the guardian or conservator of a vul- 43 nerable adult unless the commission employee orcontract employee44 contractor has a spousal or familial relationship with the vul- 45 nerable adult. 46 SECTION 8. That Section 39-5308, Idaho Code, be, and the same is hereby 47 amended to read as follows: 48 39-5308. INTERAGENCY COOPERATION. (1) In performing the duties set forth 49 in this chapter, the commission or contractor may request the 50 assistance of the staffs and resources of all appropriate state departments, 51 agencies and commissions and local health directors, and may utilize any other 12 1 public or private agencies, groups or individuals who are appropriate and who 2 may be available. Interagency cooperation shall include the involvement, 3 when appropriate, of law enforcement personnel, department personnel, medical 4 personnel, and any other person or entity deemed necessary due to their spe- 5 cialized training in providing services to vulnerable adults. Interagency 6 cooperation may also include access to client information necessary for the 7 provision of services to vulnerable adults. 8 (2) The commission shall provide to the departmentof health and9welfare a periodic currenton at least a quarterly basis a 10 listing of all alleged perpetrators against whom an allegation of adult abuse, 11 neglect or exploitation has been substantiated .to be used12pursuant to statutory authority and ruleUpon request, all avail- 13 able supportive information shall be provided to enable the department 14 to conductacriminal backgroundcheck or15 checks and other required investigations. 16 (3) The department shall provide to the commission or contractor 17 any report received under this chapter from a skilled nursing facility 18 defined in section 39-1301(b), Idaho Code, or an employee of such facility. 19 (4) The commission or contractor shall provide the department with 20 any report received under this chapter involving allegations of abuse, neglect 21 or exploitation occurring in a skilled nursing facility as defined in section 22 39-1301(b), Idaho Code. 23 (5) The commission, contractors and the department shall use interagency 24 staffing when necessary and share client and facility information necessary to 25 provide services to vulnerable adults. 26 SECTION 9. That Section 39-5309, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 39-5309. COORDINATION OF SERVICES. Subsequent to the authorization for 29 the provision of reasonable and necessary emergency and support services, the 30 commission or contractor shall initiate a review of each case at 31 reasonable intervals over a reasonable period of time as the commission 32 or contractor deems necessary based upon the circumstances in each 33 individual case to determine whether continuation or modification of the ser- 34 vices provided is warranted. A decision to continue the provision of such ser- 35 vices should be made in concert with appropriate personnel from state agen- 36 cies, departments, service providers and others, and shall comply with the 37 consent provisions of this chapter. 38 SECTION 10. That Section 39-5310, Idaho Code, be, and the same is hereby 39 amended to read as follows: 40 39-5310. REPORT TO LAW ENFORCEMENT -- PROSECUTION. If, as the result of 41 any investigation initiated under the provisions of this chapter, it appears 42 that the abuse, neglect, or exploitation has caused injury or a serious impo- 43 sition on the rights of the vulnerable adult, the commission shall immediately 44 notify the appropriate law enforcement agency which shall initiate an investi- 45 gation and shall determine whether criminal proceedings should be initiated 46 against the caretaker or other persons in accordance with applicable state 47 law. The abuse, neglect, or exploitation of a vulnerable adult is a 48 misdemeanor under section 18-1505, Idaho Code, and is subject to punishments 49 provided in section 18-113, Idaho Code, and other applicable state law.
STATEMENT OF PURPOSE
RS07792C1
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 selfdetermination.
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 abuse, neglected, or exploited to report the
incident to the Commission of 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 nonemergency situations to insure the safety of
vulnerable adults.
4. The proposed amendments allow collaborating multi
disciplinary professionals access to information
necessary for the provision of services to vulnerable
adults and ensure client confidentiality.
FISCAL NOTE
None.
CONTACT:
Name:Omar R. Valverde
A.,Esq.
Agency:Idaho Commission
on Aging
Telephone:334-2220
H 708