Bill Text: NC H539 | 2017-2018 | Regular Session | Introduced
Bill Title: Access to Elderly Adults
Spectrum: Moderate Partisan Bill (Democrat 15-2)
Status: (Introduced - Dead) 2017-04-03 - Ref to the Com on Aging, if favorable, Judiciary I [H539 Detail]
Download: North_Carolina-2017-H539-Introduced.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
H D
HOUSE BILL DRH30204-BC-3 (02/13)
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Short Title: Access to Elderly Adults. |
(Public) |
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Sponsors: |
Representatives Farmer-Butterfield, Howard, Earle, and Setzer (Primary Sponsors). |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT establishing a process to ensure access to elderly adults by their relatives.
The General Assembly of North Carolina enacts:
SECTION 1. The General Statutes are amended by adding a new Chapter to read:
"Chapter 35C.
"Access to Elderly Adults.
"§ 35C‑1. Definitions.
The following definitions apply in this Chapter:
(1) Elderly adult. – An individual 65 years of age or older, who is not a resident of a facility as defined in Section 483.5 of Title 42 of the Code of Federal Regulations, and who has been either:
a. Adjudicated incompetent.
b. Diagnosed with Alzheimer's disease or dementia.
(2) Isolation. – Acts which prevent an elderly adult from receiving mail, electronic mail, telephone calls, personal contact, or personal communication from relatives.
(3) Petitioner. – An individual bringing an action under this Chapter.
(4) Relative. – The spouse, child, or sibling of an elderly adult.
(5) Respondent. – An individual alleged to be keeping an elderly adult in isolation.
"§ 35C‑2. Petition for access, hearing, service.
(a) A relative of an elderly adult may file a petition with the clerk of superior court in the county in which the elderly adult resides requesting access, including the opportunity to establish visitation or communication, to an elderly adult kept in isolation.
(b) Except as set forth in subsection (c) of this section, the clerk shall schedule a hearing on the petition no later than 30 days after the date the petition is filed. A copy of the petition and an order directing the respondent to appear at the hearing shall be served, in any manner permissible under G.S. 1A‑1, Rule 5, on the respondent at least 14 days prior to the date of the hearing.
(c) If a petition states the elderly adult's health is in significant decline or the elderly adult's death may be imminent, the clerk shall conduct an emergency hearing as soon as practicable, but not later than 10 days after the date the petition is filed. A copy of the petition and an order directing the respondent to appear at the emergency hearing shall be served, in any manner permissible under G.S. 1A‑1, Rule 5, on the respondent as soon as practicable after the emergency hearing is scheduled.
"§ 35C‑3. Order.
(a) In determining whether to issue an order granting the petitioner access to the elderly adult, the clerk shall consider all of the following:
(1) Whether the respondent's past acts kept the elderly adult in isolation.
(2) Whether any protective orders have been issued against the petitioner to protect the elderly adult.
(3) Whether a court or state agency has found the petitioner abused, exploited, or neglected the elderly adult.
(4) Whether contact by the petitioner should be limited to situations in which a third person, selected by the court, is present.
(5) Whether the elderly adult desires contact with the petitioner.
(6) The best interest of the elderly adult.
(7) Any other fact the clerk deems material.
(b) If, after a hearing under G.S. 35C‑2, and a consideration of the factors listed in subsection (a) of this section, the clerk determines the petitioner has established, by a preponderance of the evidence, that the petitioner should be granted access to the elderly adult, the clerk shall issue an order setting forth the frequency, time, place, location, and any other terms of access to the elderly adult.
(c) If the elderly adult is a resident of a facility as defined in section 483.5 of Title 42 of the Code of Federal Regulations, no order shall issue under this section, and section 483.10 of Title 42 of the Code of Federal Regulations shall apply.
"§ 35C‑4. Appeal from clerk's order.
Any party may appeal an order issued by the clerk for a de novo hearing in superior court in accordance with G.S. 1‑301.2(e)."
SECTION 2. This act is effective when it becomes law.
