ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, No. 399

STATE OF NEW JERSEY

ADOPTED DECEMBER 16, 1996

Sponsored by Assemblywoman HECK

An Act concerning the abuse, neglect and exploitation of vulnerable adults and amending P.L.1993, c.249.

      Be It Enacted by the Senate and General Assembly of the State of New Jersey:

      1. Section 4 of P.L.1993, c.249 (C.52:27D-409) is amended to read as follows:

      4. a. A person who has reasonable cause to believe that a vulnerable adult is the subject of abuse, neglect or exploitation [may] shall report the information to the county adult protective services provider.

      b. The report, if possible, shall contain the name and address of the vulnerable adult; the name and address of the caretaker, if any; the nature and possible extent of the vulnerable adult's injury or condition as a result of abuse, neglect or exploitation; and any other information that the person reporting believes may be helpful.

      c. A person who reports information pursuant to this act, or provides information concerning the abuse of a vulnerable adult to the county adult protective services provider, or testifies at a grand jury, judicial or administrative proceeding resulting from the report, is immune from civil and criminal liability arising from the report, information, or testimony, unless the person acts in bad faith or with malicious purpose.

      d. An employer or any other person shall not take any discriminatory or retaliatory action against an individual who reports abuse, neglect or exploitation pursuant to this act. An employer or any other person shall not discharge, demote or reduce the salary of an employee because the employee reported information in good faith pursuant to this act. A person who violates this subsection is liable for a fine of up to $1,000.

      e. A county adult protective services provider and its employees are immune from criminal and civil liability when acting in the performance of their official duties, unless their conduct is outside the scope of their employment, or constitutes a crime, actual fraud, actual malice, or willful misconduct.

(cf: P.L.1993, c.249, s.4)

      2. This act shall take effect on the 90th day following enactment.

Requires reporting of suspected abuse, neglect or exploitation against vulnerable adults.