New Jersey-2022-A2239-Introduced

An Act concerning protective services for 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 2 of P.L.1993, c.249 (C.52:27D-407) is amended to read as follows:

2. As used in this act:

"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.

"Caretaker" means a person who has assumed the responsibility for the care of a vulnerable adult as a result of family relationship or who has assumed responsibility for the care of a vulnerable adult voluntarily, by contract, or by order of a court of competent jurisdiction, whether or not they reside together.

"Commissioner" means the Commissioner of Human Services.

"Community setting" means a private residence or any noninstitutional setting in which a person may reside alone or with others, but shall not include residential health care facilities, rooming houses or boarding homes or any other facility or living arrangement subject to licensure by, operated by, or under contract with, a State department or agency.

"County adult protective services provider" means a county Board of Social Services or other public or nonprofit agency with experience as a New Jersey provider of protective services for adults, designated by the county and approved by the commissioner. The county adult protective services provider receives reports made pursuant to this act, maintains pertinent records and provides, arranges, or recommends protective services.

"County director" means the director of a county adult protective services provider.

"Department" means the Department of Human Services.

["Emergency medical technician" means a person trained in basic life support services as defined in section 1 of P.L.1985, c.351 (C.26:2K-21) and who is certified by the Department of Health to provide that level of care.]

"Exploitation" means the act or process of illegally or improperly using a person or his resources for another person's profit or advantage.

["Firefighter" means a paid or volunteer firefighter.

"Health care professional" means a health care professional who is licensed or otherwise authorized, pursuant to Title 45 or Title 52

of the Revised Statutes, to practice a health care profession that is regulated by one of the following boards or by the Director of the Division of Consumer Affairs: the State Board of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State Board of Dentistry, the New Jersey State Board of Optometrists, the New Jersey State Board of Pharmacy, the State Board of Chiropractic Examiners, the Acupuncture Examining Board, the State Board of Physical Therapy, the State Board of Respiratory Care, the Orthotics and Prosthetics Board of Examiners, the State Board of Psychological Examiners, the State Board of Social Work Examiners, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic Technicians, the Audiology and Speech-Language Pathology Advisory Committee, the State Board of Marriage and Family Therapy Examiners, the Occupational Therapy Advisory Council, the Certified Psychoanalysts Advisory Committee, and the State Board of Polysomnography. "Health care professional" also means a nurse aide or personal care assistant who is certified by the Department of Health.]

"Neglect" means an act or failure to act by a vulnerable adult or his caretaker which results in the inadequate provision of care or services necessary to maintain the physical and mental health of the vulnerable adult, and which places the vulnerable adult in a situation which can result in serious injury or which is life-threatening.

"Protective services" means voluntary or court-ordered social, legal, financial, medical or psychiatric services necessary to safeguard a vulnerable adult's rights and resources, and to protect a vulnerable adult from abuse, neglect or exploitation. Protective services include, but are not limited to: evaluating the need for services, providing or arranging for appropriate services, obtaining financial benefits to which a person is entitled, and arranging for guardianship and other legal actions.

"Vulnerable adult" means a person 18 years of age or older who resides in a community setting and who, because of a physical or mental illness, disability or deficiency, lacks sufficient understanding or capacity to make, communicate, or carry out decisions concerning his well-being and is the subject of abuse, neglect or exploitation. A person shall not be deemed to be the subject of abuse, neglect or exploitation or in need of protective services for the sole reason that the person is being furnished nonmedical remedial treatment by spiritual means through prayer alone or in accordance with a recognized religious method of healing in lieu of medical treatment, and in accordance with the tenets and practices of the person's established religious tradition.

(cf: P.L.2012, c.17, s.424)

2. Section 4 of P.L.1993, c.149 (C.52:27D-409) is amended to read as follows:

4. a. (1) [A health care professional, law enforcement officer, firefighter, paramedic or emergency medical technician who has reasonable cause to believe that a vulnerable adult is the subject of abuse, neglect or exploitation shall report the information to the county adult protective services provider.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

(2) Any [other] 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.

f. Any person who has reasonable cause to believe that a vulnerable adult is the subject of abuse, neglect, or exploitation who fails to report the information pursuant to subsection a. of this section shall be guilty of a crime of the fourth degree. In addition, the person shall be liable to a civil penalty of not more than $500, which penalty shall be collected and enforced by summary proceedings pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). Each violation of this section shall constitute a separate offense.

(cf: P.L.2009, c.276, s.2)

3. Section 5 of P.L.1993, c.249 (C.52:27D-410) is amended to read as follows:

5. a. A county adult protective services provider shall provide access for reporting abuse, neglect and exploitation. Information shall also be available to a person who reports abuse, neglect or exploitation on ways to access emergency assistance.

b. The county adult protective services provider upon receiving a report that a vulnerable adult is being or has been the subject of abuse, neglect or exploitation, shall initiate a prompt and thorough evaluation of the report within 72 hours.

c. If the county adult protective services provider is prevented from conducting an evaluation of a report of abuse, neglect or exploitation, the county adult protective services provider may petition a court of competent jurisdiction for an order to conduct the evaluation.

d. An evaluation conducted pursuant to this act shall be conducted by a person with appropriate training and experience as set forth by regulation. The evaluation shall be based upon a visit with the vulnerable adult about whom the report was made and upon consultation with others who have knowledge of the particular case to determine whether protective services are needed and what action, if any, is required.

e. Records of public agencies, private organizations, banks and other financial institutions, medical institutions and practitioners, which the county director or his designee reasonably believes to be necessary to complete the evaluation, shall be made available to the county adult protective services provider.

f. Any person who willfully interferes with or prevents a county adult protective services provider from conducting an evaluation pursuant to an order issued by a court of competent jurisdiction under subsection c. of this section shall be guilty of a crime of the fourth degree.

(cf: P.L.1993, c.249, s.5)

4. Section 6 of P.L.1993, c.249 (C.52:27D-411) is amended to read as follows:

6. a. If a determination is made by the county adult protective services provider that there is reasonable cause to believe that the vulnerable adult has been the subject of abuse, neglect or exploitation, the county adult protective services provider shall determine the need for protective services. If the vulnerable adult or his legal guardian consents, the county adult protective services provider shall provide or arrange for appropriate protective services, as may be available. The county adult protective services provider shall also make formal referrals to State, county, and local agencies, hospitals and organizations, including county offices on aging for clients age 60 and over, for services which the county adult protective services provider is unable to provide directly. The county protective services provider shall follow up on referrals to determine whether services are being provided.

b. A county protective services provider may refer a person who needs protective services and who, because of a developmental disability or mental illness, is in need of specialized care, treatment or services, to the Division of Developmental Disabilities or the Division of Mental Health and [Hospitals] Addiction Services in the Department of Human Services, as appropriate. These divisions shall consider referrals from the county adult protective services providers on a priority basis and assist in providing the specialized services needed to protect abused, neglected, or exploited vulnerable adults, including those 60 years and over.

c. Any person who willfully interferes with the provision of protective services to a vulnerable adult that are provided, arranged for, or for which a formal referral was made pursuant to subsection a. of this section shall be guilty of a crime of the fourth degree.

(cf: P.L.1993, c.249, s.6)

5. Section 16 of P.L.1993, c.249 (C.52:27D-421) is amended to read as follows:

16. The commissioner shall establish a central registry for the receipt and maintenance of all reports of suspected abuse, neglect and exploitation of vulnerable adults. The department shall compile and maintain in the central registry demographic data on vulnerable adults, Statewide statistics related to abuse, neglect and exploitation and other information submitted by county adult protective services providers. The department shall make available on its Internet website a publicly available registry of substantiated acts of abuse, neglect, and exploitation of vulnerable adults, which registry shall include, at a minimum, the name of each individual found to have abused, neglected, or exploited a vulnerable adult, along with a description of the nature of the offense and whether the individual has committed other substantiated acts of abuse, neglect, or exploitation of a vulnerable adult. The publicly available registry shall not include any personal or identifying information concerning the vulnerable adult.

(cf: P.L.1993, c.249, s.16)

6. This act shall take effect 60 days after the date of enactment.

STATEMENT

This bill revises the "Adult Protective Services Act," P.L.1993, c.249 (C.52:27D-406 et seq.), to: expand the mandatory reporting requirement; establish penalties for failure to make a mandatory report, for interfering with an evaluation of a report, and for interfering with the provision of protective services; and establish a public registry of substantiated acts of abuse, neglect, and exploitation of vulnerable adults.

Current law requires health care professionals, law enforcement officers, firefighters, paramedics, and emergency medical technicians who have reasonable cause to believe that a vulnerable adult is the subject of abuse, neglect, or exploitation to report the information to the county adult protective services provider. For all other people, reporting is permissive.

The bill revises these requirements to make reporting abuse, neglect, or exploitation of a vulnerable adult mandatory for every person in the State. A person who has reasonable cause to believe a vulnerable adult is being abused, neglected, or exploited who fails to make a report will be guilty of a crime of the fourth degree, which is punishable by imprisonment for up to 18 months, a fine of up to $10,000, or both. The person will additionally be liable to a civil penalty of up to $500.

Current law establishes requirements for county adult protective services providers to evaluate reports of abuse, neglect, or exploitation of a vulnerable adult, which include the ability to obtain a court order to compel compliance with an evaluation. The bill provides that anyone who willfully interferes with or prevents an evaluation from being conducted after a court has issued an order to conduct the evaluation will be guilty of a crime of the fourth degree, which is punishable by imprisonment for up to 18 months, a fine of up to $10,000, or both.

Current law provides that, if a county adult protective services provider determines that a vulnerable adult is in need of protective services, and the vulnerable adult or the vulnerable adult's guardian consents, the provider is to provide, arrange for the provision of, or make formal referrals for, appropriate protective services. The bill provides that any person who willfully interferes with the provision of those services is guilty of a crime of the fourth degree.

The Department of Human Services currently maintains a central registry of all reports of suspected abuse, neglect, and exploitation of vulnerable adults, which includes demographic data on vulnerable adults, Statewide statistics related to abuse, neglect, and exploitation, and other information submitted by county adult protective services providers. The bill requires the department to make available on its Internet website a publicly available registry of substantiated acts of abuse, neglect, and exploitation of vulnerable adults, which will include, at a minimum, the name of each individual found to have abused, neglected, or exploited a vulnerable adult, along with a description of the nature of the offense and whether the individual has committed other substantiated acts of abuse, neglect, or exploitation of a vulnerable adult. The publicly available registry will not include any personal or identifying information concerning the vulnerable adult.