ASSEMBLY, No. 399
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblywoman HECK
An Act concerning the reporting of suspected incidents of abuse, neglect and exploitation against certain adult persons, amending P.L.1979, c.496 and supplementing Title 30 of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
a. "Abuse" means the willful infliction of physical pain, injury or mental anguish, unreasonable confinement, or the willful deprivation of services which are necessary to maintain a person's physical and mental health.
b. "Exploitation" means the act or process of using a person or his resources for another person's profit or advantage.
c. "Elderly person" means a resident of New Jersey who is 60 years of age or older.
d. "Vulnerable adult" means a person 18 years of age or older who resides in the community and who, because of a physical or mental illness or disability lacks sufficient understanding or capacity to make, communicate, or carry out decisions concerning the vulnerable adult's well being. A vulnerable adult also includes a developmentally disabled person as that term is used in P.L.1977, c.82 (c.30:6D-1 et seq.).
e. "Commissioner "means the Commissioner of Human Services.
f. "Department" means the Department of Human Services.
g. "Neglect" means an act or failure to act which results in the inadequate provision of care or services necessary to maintain the physical and mental health of an elderly person or a vulnerable adult, and which places the elderly or vulnerable adult in a situation which can result in serious injury or which is life-threatening.
h. "Caretaker" means a person who has assumed the responsibility for the care of an elderly person or a vulnerable adult as a result of family relationship or who has assumed responsibility for the care of the elderly person or vulnerable adult voluntarily, by contract, or by order of a court of competent jurisdiction, whether or not they reside together.
2. Any person who has reasonable cause to suspect that an elderly person or a vulnerable adult may be the victim of abuse, neglect or exploitation, shall report this information in a timely manner to the commissioner or to the person or agency designated by the commissioner to receive such reports.
The report shall contain the name and address of the victim, the name and address of the caretaker, if any information regarding the nature of the suspected abuse, neglect or exploitation and any other information which might be helpful in an investigation of the case and the protection of the victim.
3. The name of any person who reports suspected abuse, neglect or exploitation and the name of any person mentioned in the report shall not be disclosed unless the person who reported the abuse, neglect or exploitation specifically requests disclosure or a judicial proceeding results from the report.
4. Any person who reports suspected abuse or exploitation or who testifies in any administrative or judicial proceeding arising from the report has immunity from any civil or criminal liability on account of the report or testimony, unless the person has acted in bad faith or with malicious purpose.
5. a. Upon receiving a report that an elderly person or a vulnerable adult may be the victim of abuse,neglect or exploitation, the commissioner shall direct the appropriate county welfare agency to make a prompt and thorough evaluation of the report, or refer the report for evaluation by another appropriate agency.
b. The evaluation shall be based upon a visit with the individual on whom the report was made and upon consultation with others who have knowledge of the particular case, and shall contain written findings and recommendations. The person who reported the suspected abuse, neglect or exploitation, and the victim of the suspected abuse, neglect or exploitation shall be promptly notified of the findings and recommended actions.
6. If a determination is made that there is reasonable cause to believe that the victim has suffered abuse, neglect or exploitation:
a. The commissioner shall refer the findings in writing to the county prosecutor; and
b. The county welfare agency or any other appropriate agency, shall :(1) provide information to the abused, neglected or exploited person concerning protective services or any other social services available to the victim including public assistance, mental health, home health and medical assistance programs; and (2) make referrals to State, county and local agencies and organizations for services which the county welfare agency cannot provide; and (3) follow up on referrals to determine whether services are being provided.
7. a. If a caretaker or any other person interferes with the provisions of services to an elderly person or a vulnerable adult, the county welfare agency, any other designated agency or any other person may petition the court for an order enjoining the caretaker or any other person from interfering with the provision of services.
b. If a determination is made that interference with the provision of services persists and the elderly person or the vulnerable adult will incur an imminent and substantial risk of physical harm, deterioration, or death, the county welfare agency, any other designated agency or any other person may petition the court for guardianship or conservatorship.
8. The commissioner shall maintain a central registry of all reports of suspected abuse, neglect or exploitation and all evaluations, findings and recommended action. No information received and compiled in the registry shall be construed to be a public record within the meaning of P.L.1963, c.73 (C.47:1A-1 et seq.).
9. The commissioner shall adopt all necessary rules and regulations in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to implement the provisions of this act.
10. Anyone who knowingly fails to report an act of abuse, neglect or exploitation against an elderly person or a vulnerable adult is guilty of a petty disorderly offense.
11. The commissioner shall report annually to the Governor and the Legislature on the effectiveness of P.L. ,c. (C. )(now pending before the Legislature as this bill), including the numbers and types of incidents reported, a description of the victims, abusers and others involved, programs and services utilized by victims and others, and recommendations which the commissioner may deem necessary for the prevention and alleviation of the abuse, neglect, or exploitation of the elderly or vulnerable adults.
12. Section 36 of P.L.1979, c.496 (C.30:1A-3) is amended to read as follows:
36. a. As used in this section["abuse"]:
(1) "Abuse" means the willful infliction of physical pain, injury or mental anguish; unreasonable confinement; or, the willful deprivation of services which are necessary to maintain a person's physical and mental health[; and "exploitation"].
(2) "Exploitation" means the act or process of using a person or his resources for another person's profit or advantage.
(3) "Neglect" means an act or failure to act which results in the inadequate provision of care or services necessary to maintain the physical and mental health of a person, and which places the person in a situation which can result in serious injury or which is life-threatening.
b. Any person who has reasonable cause to suspect that a resident of a residential health care facility, rooming house or boarding house is suffering or has suffered abuse, neglect or exploitation, shall report such information in a timely manner to the Commissioner of [the Department of] Human Services or to the person or agency within the department designated by the commissioner to receive such reports.
c. Such report shall contain the name and address of the [resident] victim, information regarding the nature of the suspected abuse, neglect or exploitation and any other information which might be helpful in an investigation of the case and the protection of the [resident] victim.
d. The name of any person who reports suspected abuse, neglect or exploitation pursuant to this section and the name of any person mentioned in such report shall not be disclosed unless the person who reported the abuse, neglect or exploitation specifically requests such disclosure or a judicial proceeding results from such report.
e. Any person who reports suspected abuse, neglect or exploitation pursuant to this section or who testifies in any administrative or judicial proceeding arising from such report or testimony shall have immunity from any civil or criminal liability on account of such report or testimony, unless such person has acted in bad faith or with malicious purpose. No person or entity who owns or operates a residential health care facility, rooming house or boarding house shall take any discriminatory, disciplinary or retaliatory action against any individual who reports abuse, neglect or exploitation according to the provisions of this section.
f. Upon receiving a report that a resident of a residential health care facility, rooming house or boarding house may be suffering or may have suffered abuse, neglect or exploitation, the commissioner shall promptly notify the Ombudsman for the Institutionalized Elderly when the report involves an elderly person as defined in section 2 of P.L.1977, c. 239 (C. 52:27G-2), and shall direct the appropriate county welfare board to make a prompt and thorough evaluation of the report, or refer the report for such an evaluation by another appropriate government agency.
g. The evaluation shall be based upon a visit with the [resident] victim and consultation with others who have knowledge of the particular case, and shall contain written findings and recommendations. The person who reported the suspected abuse or exploitation, the victim of the suspected abuse, neglect or exploitation, the owner of the residential health care facility, rooming house or boarding house wherein the suspected abuse, neglect or exploitation has occurred, the State agency having a regulatory responsibility for the facility, and the Ombudsman for the Institutionalized Elderly when the case involves an elderly person as defined in section 2 of P.L.1977, c.239 (C.52:27G-2), shall be promptly notified of such findings and recommended action.
The county welfare agency shall provide information to the victim concerning social services, welfare, mental health and medical assistance programs available to the victim.
h. If a determination is made that the [resident] victim may have suffered abuse, neglect or exploitation, the commissioner shall refer such findings, in writing, to the county prosecutor.
i. The commissioner shall maintain a central registry of all reports of suspected abuse, neglect or exploitation and all evaluations, findings and recommended action. No information received and compiled in such registries shall be construed to be a public record.
j. Any person who knowingly fails to report an act of abuse, neglect or exploitation against a person who is a resident of a residential health care facility, rooming house or boarding house is guilty of a petty disorderly offense.
(cf: P.L.1979, c.496, s.36)
13. This act shall take effect on the 90th day following enactment.
STATEMENT
This bill mandates the reporting of any incidents of suspected neglect, abuse or exploitation against the elderly, developmentally disabled, or persons suffering from other incapacities. Reports shall be made to the Commissioner of Human Services who shall refer them for investigation and evaluation to the appropriate county welfare agency. The county welfare agency shall provide such services as it is able and shall also refer victims of abuse and exploitation to available mental health, home health, and medical assistance programs as well as any other services it may feel are appropriate. This bill would also make it a petty disorderly persons offense for failing to report any incidents of abuse or exploitation of these persons.
The bill uses the term "vulnerable adult" to identify those individuals who, because of a physical or mental illness or disability, lack the capacity to make or carry out decisions concerning their well being. The bill also provides that the county welfare agency or any person could petition the court for an order enjoining someone from interfering with the provision of protective services to the elderly or vulnerable adult. The bill would also authorize the agency or any other person to petition the court for guardianship or conservatorship.
The bill would also require the commissioner to report annually to the Governor or the Legislature on the effectiveness of the bill, including the number and types of incidents reported, a description of the victims and recommendations for the prevention and alleviation of the abuse, neglect and exploitation of an elderly person or a vulnerable adult.
The bill also amends N.J.S.A 30:1A-3. This section of the law requires any person who suspects incidents of abuse of residents of residential health care facilities, rooming houses or boarding houses to report such information to the Commissioner of Human Services. The bill would expand this section of the law to prohibit neglect in addition to exploitation and abuse of the residents. The bill further amends N.J.S.A.30:1A-3 to prohibit employers from taking discriminatory or retaliatory action against any individual who reports incidents of abuse, neglect or exploitation of a resident of a residential facility. In addition, the bill would make it a petty disorderly persons offense for failing to report incidents of abuse, neglect or exploitation of residents.
Requires reports of incidents of suspected abuse, neglect or exploitation of certain adults.