Bill Text: HI SB747 | 2017 | Regular Session | Introduced
Bill Title: Relating To Orders For Immediate Protection.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2017-02-22 - The committee on JDL deferred the measure. [SB747 Detail]
Download: Hawaii-2017-SB747-Introduced.html
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THE SENATE |
S.B. NO. |
747 |
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TWENTY-NINTH LEGISLATURE, 2017 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to ORDERS FOR IMMEDIATE PROTECTION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 346-231, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) If the department believes that a
person is a vulnerable adult and it appears probable that the vulnerable adult
has incurred abuse or is in danger of abuse if immediate action is not taken
and the vulnerable adult consents, or if the vulnerable adult does not consent
and there is probable cause to believe that the vulnerable adult lacks the
capacity to make decisions concerning the vulnerable adult's person, the
department may seek an order for immediate protection in accordance with this
section[.]; provided that if the vulnerable adult lives in the
vulnerable adult's residence and has a prognosis of six months or less to live,
the department shall not seek an order for immediate protection unless there is
substantial evidence that the vulnerable adult has incurred abuse or is in
danger of abuse if immediate action is not taken."
2. By amending subsection (c) to read:
"(c) Upon finding that the person is a vulnerable adult and that there is probable cause to believe that the vulnerable adult has incurred abuse or is in danger of abuse if immediate action is not taken, or substantial evidence that a vulnerable adult has incurred abuse or is in danger of abuse if immediate action is not taken when a vulnerable adult lives in the vulnerable adult's residence and has a prognosis of six months or less to live, and the vulnerable adult consents, or if the vulnerable adult does not consent and there is probable cause to believe that the vulnerable adult lacks the capacity to make decisions concerning the vulnerable adult's person, the court shall issue an order for immediate protection. This order may include:
(1) An authorization for the department to transport the person to an appropriate medical or care facility;
(2) An authorization for medical examinations;
(3) An authorization for emergency medical treatment; and
(4) Any other matters as may prevent immediate abuse, pending a hearing under section 346-232."
SECTION 2. Section 346-232, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) When the court finds that there is probable cause to believe that a vulnerable adult has incurred abuse or is in danger of abuse if immediate action is not taken, or substantial evidence that a vulnerable adult has incurred abuse or is in danger of abuse if immediate action is not taken when a vulnerable adult lives in the vulnerable adult's residence and has a prognosis of six months or less to live, and the vulnerable adult consents, or if the vulnerable adult does not consent and the court finds that there is probable cause to believe that the vulnerable adult lacks the capacity to make decisions concerning the vulnerable adult's person, the court may continue or modify any order pending an adjudicatory hearing on the petition. These orders may include orders for the vulnerable adult's temporary placement and ordinary medical care."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Adult Protective Services; Vulnerable Adult; Order for Immediate Protection; Substantial Evidence
Description:
Requires a finding of substantial evidence that a vulnerable adult has incurred abuse or is in danger of abuse prior to the issuance of an order for immediate protection when the vulnerable adult is living at home with a prognosis of six months or less to live.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
