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H0008........................................................by MR. SPEAKER
Requested by: Idaho Commission on Aging
AGING COMMISSION - INVESTIGATIONS - Amends existing law to provide that
when notification is required to be made to law enforcement regarding the
results of certain investigations by the Commission on Aging, the
commission shall also disclose the names of the persons associated with the
commission's written report of its investigation.
01/08 House intro - 1st rdg - to printing
Rpt prt - to Health/Wel
02/13 Rpt out - rec d/p - to 2nd rdg
02/14 2nd rdg - to 3rd rdg
02/16 3rd rdg - PASSED - 66-0-4
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Bolz, Bradford,
Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow, Cuddy,
Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck,
Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher,
Mader, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce,
Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali,
Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Swan,
Tilman, Trail, Wood, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Black, Boe, Marley, Wheeler
Floor Sponsor -- Moss
Title apvd - to Senate
02/19 Senate intro - 1st rdg - to Health/Wel
02/23 Rpt out - rec d/p - to 2nd rdg
02/26 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Branch(Bartlett), Boatright, Brandt, Bunderson,
Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough,
King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder,
Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth
NAYS -- None
Absent and excused -- Williams
Floor Sponsor -- King-Barrutia
Title apvd - to House
03/19 To enrol
03/20 Rpt enrol - Sp signed
03/21 Pres signed - to Governor
03/22 Governor signed
Session Law Chapter 79
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 8 BY MR. SPEAKER Requested by: Idaho Commission on Aging 1 AN ACT 2 RELATING TO THE ADULT ABUSE, NEGLECT AND EXPLOITATION ACT; AMENDING SECTION 3 39-5304, IDAHO CODE, TO PROVIDE AN EXCEPTION FROM THE PROHIBITION AGAINST 4 DISCLOSURE OF NAMES ASSOCIATED WITH INVESTIGATIVE REPORTS; AND AMENDING 5 SECTION 39-5310, IDAHO CODE, TO PROVIDE THAT NAMES OF PERSONS ASSOCIATED 6 WITH CERTAIN INVESTIGATIVE REPORTS OF THE COMMISSION SHALL BE PROVIDED TO 7 LAW ENFORCEMENT WHEN THE COMMISSION HAS A DUTY TO REPORT THE RESULTS OF AN 8 INVESTIGATION TO LAW ENFORCEMENT AND TO MAKE TECHNICAL CHANGES. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Section 39-5304, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 39-5304. REPORTING REQUIREMENTS, INVESTIGATION, EMERGENCY ACCESS. (1) 13 When a report is required pursuant to this chapter, such report shall be made 14 immediately to the commission or appropriate contractor. Provided however, 15 that nursing facilities defined in section 39-1301(b), Idaho Code, and employ- 16 ees of such facilities shall make reports required under this chapter to the 17 department. If known, the report shall contain the name and address of the 18 vulnerable adult; the caretaker; the alleged perpetrator; the nature and 19 extent of suspected abuse, neglect or exploitation; and any other information 20 that will be of assistance in the investigation. 21 (2) If the allegations in the report indicate that an emergency exists, 22 the commission or contractor must initiate an investigation immediately, and 23 initiate contact with the alleged vulnerable adult within twenty-four (24) 24 hours from the time the report is received. All other investigations must be 25 initiated within seventy-two (72) hours from the time the report is received. 26 (3) The investigation shall include a determination of the nature, extent 27 and cause of the abuse, neglect, or exploitation, examination of evidence and 28 consultation with persons thought to have knowledge of the circumstances and 29 identification, if possible, of the person alleged to be responsible for the 30 abuse, neglect or exploitation of the vulnerable adult. 31 (4) Where no emergency exists, the commission or contractor may deter- 32 mine, based on the review of the report and any initial inquiries, that an 33 interview with the vulnerable adult is not necessary to the investigation. If 34 the commission or contractor determines that an interview is necessary, the 35 preferred method of interviewing is by means of a personal visit with the vul- 36 nerable adult in the adult's dwelling. Alternatively, the interview may occur 37 in the local office of the commission or contractor, or by telephone conversa- 38 tion, or by any other means available to the commission or contractor. Deci- 39 sions regarding the method of conducting any interview will be within the dis- 40 cretion of the commission or contractor. 41 (5) Upon completion of an investigation, the commission or contractor 42 shall prepare a written report of the investigation. The name of the person 43 making the original report or any person mentioned in the report shall not be 2 1 disclosed unless those persons specifically request such disclosure or unless 2 the disclosure is made pursuant to the commission's duty to notify law 3 enforcement as required in section 39-5310, Idaho Code, to a request to law 4 enforcement for emergency access, a court order or hearing. 5 If the abuse, neglect, or exploitation is substantiated to have occurred 6 in a state certified or licensed facility, a copy of the findings shall be 7 sent to the licensing and certification office of the department. 8 If the commission or contractor determines that a report is unsubstanti- 9 ated and that no other law has been violated, all records related to the 10 report shall be expunged no later than three (3) years following the comple- 11 tion of the investigation. 12 SECTION 2. That Section 39-5310, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 39-5310. REPORT TO LAW ENFORCEMENT -- PROSECUTION. (1) If, as the result 15 of any investigation initiated under the provisions of this chapter, it 16 appears that the abuse, neglect, or exploitation has caused injury or a seri- 17 ous imposition on the rights of the vulnerable adult, the commission shall 18 immediately notify the appropriate law enforcement agency which shall initiate 19 an investigation and shall determine whether criminal proceedings should be 20 initiated against the caretaker or other persons in accordance with applicable 21 state law. Notwithstanding the prohibition against disclosure of names of per- 22 sons associated with the written report of an investigation as provided in 23 section 39-5304, Idaho Code, the commission shall disclose names associated 24 with the written report when notification is made as required in this section. 25 (2) The abuse, neglect, or exploitation of a vulnerable adult is a misde- 26 meanor under section 18-1505, Idaho Code, and is subject to punishments pro- 27 vided in section 18-113, Idaho Code, and other applicable state law.
STATEMENT OF PURPOSE
RS 10499
The proposed amendment to the Adult Abuse, neglect, and
Exploitation Act will clarify the authority of Adult
Protection services to provide names of persons in an
investigation report, under the duty to notify law
enforcement pursuant to I.C. 39-5310.
FISCAL IMPACT
None.
CONTACT
Name: Omar R. Valverde A.
Agency: Idaho Commission on Aging
Phone: 334-2220
Statement of Purpose/Fiscal Impact Bill No. H8