1998 Legislation
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HOUSE BILL NO. 708 – Adult, vulnerable, abuse, reporting


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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

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
      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

Bill Text


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

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 708

                             BY HEALTH AND WELFARE COMMITTEE

 1                                        AN ACT

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.


 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


 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


 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 that  identifies      identify    a  person
55        infected with a reportable disease.


 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


 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-


 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


 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 the  nonaccidental      intentional  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"  means   a situation   an 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        ( 5  7 )  "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        ( 6  8 )  "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        (   7      9    )  "Supportive    services"    means
38    noninvestigatory  remedial,  social, legal, health, educational, mental health
39    and referral services provided to a vulnerable adult.
40        ( 8  10 )  "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


 1    amended to read as follows:

 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 health
13    and 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 or  provision of
27     services  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:

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-


 1    four (24) hours. All other investigations must be initiated within seventy-two
 2    (72) hours.
 3        (3)  The   commission's  investigation 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 . 
25     of 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 or  contract employee 
39     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  authorized   state   commission  employee or 


 1    representative   contractor  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        ( 3  4 )  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        ( 4  5 )  If consent to entry is not given,  a  com-
13    mission    representative   employee 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 commission  representative  
18    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    restrictive    for  the   to  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 or  contract employee   contractor 
42    of the commission shall not be appointed the guardian or conservator of a vul-
43    nerable adult unless the commission employee or  contract employee 
44      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


 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 department  of health and
 9    welfare a periodic current   on 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  used
12    pursuant to statutory authority and rule   Upon request, all avail-
13    able  supportive information shall be provided to enable the department 
14    to conduct  a  criminal background    check  or    
15    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 / 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 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.
    Name:Omar R. Valverde 
    Agency:Idaho Commission 
    on Aging
    H 708