By Naishtat, Hilderbran H.B. No. 1111
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the provision of protective services to persons who are
1-3 elderly or disabled.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The heading of Chapter 48, Human Resources Code,
1-6 is amended to read as follows:
1-7 CHAPTER 48. PROTECTIVE SERVICES FOR <THE> ELDERLY
1-8 AND DISABLED PERSONS
1-9 SECTION 2. Section 48.001, Human Resources Code, is amended
1-10 to read as follows:
1-11 Sec. 48.001. PURPOSE. The purpose of this chapter is to
1-12 provide for the authority <right><or mental anguish or the wilful deprivation by a
2-7 caretaker or one's self of goods or services which are necessary to
2-8 avoid physical harm, mental anguish, or mental illness>.
2-9 (3) "Exploitation" means the illegal or improper act
2-10 or process of a caretaker, family member, or other individual who
2-11 has an ongoing relationship with the elderly or disabled person
2-12 using the resources of an elderly or disabled person for monetary
2-13 or personal benefit, profit, or gain without the informed consent
2-14 of the elderly or disabled person.
2-15 (4) "Neglect" means the failure to provide for one's
2-16 self the goods or services, including medical services, which are
2-17 necessary to avoid physical or emotional harm or pain<, mental
2-18 anguish, or mental illness> or the failure of a caretaker to
2-19 provide such goods or services.
2-20 (5) "Protective services" means the services furnished
2-21 by the department or by a protective services agency to an elderly
2-22 or disabled person who has been determined to be in a state of
2-23 abuse, exploitation, or neglect. These services may include social
2-24 casework, case management, and arranging for psychiatric and health
2-25 evaluation, home care, day care, <legal assistance,> social
2-26 services, health care, and other services consistent with this
2-27 chapter.
3-1 (6) "Protective services agency" means a public or
3-2 private agency, corporation, board, or organization that provides
3-3 protective services to elderly or disabled persons in the state of
3-4 abuse, exploitation, or neglect.
3-5 (7) "Department" means the Department of Protective
3-6 and Regulatory <Human> Services.
3-7 (8) "Disabled person" means a person with a mental,
3-8 physical, or developmental disability that substantially impairs
3-9 the person's ability to provide adequately for the person's care or
3-10 protection and who is:
3-11 (A) 18 years of age or older; or
3-12 (B) under 18 years of age and who has had the
3-13 disabilities of minority removed.
3-14 (9) "Legal holiday" means a state holiday listed in
3-15 Subchapter B, Chapter 662, Government Code <Article 4591, Revised
3-16 Statutes>, or an officially declared county holiday.
3-17 SECTION 4. Subchapter B, Chapter 48, Human Resources Code,
3-18 is amended by amending Section 48.021 and adding Section 48.0215 to
3-19 read as follows:
3-20 Sec. 48.021. PROVISION OF SERVICES. (a) The department may
3-21 provide direct protective services or contract with protective
3-22 services agencies for the provisions of those services.
3-23 (b) The department shall use existing resources and services
3-24 of public and private agencies in providing protective services.
3-25 (c) The department and <shall cooperate with the
3-26 appropriate> law enforcement officials, courts, and agencies shall
3-27 cooperate when providing protective services.
4-1 (d) The responsibilities set forth in this Act shall be
4-2 exclusive of those designated to other state or federal agencies
4-3 authorized or required by law to provide protective services to
4-4 elderly or disabled persons determined to be in the state of abuse,
4-5 exploitation, or neglect.
4-6 Sec. 48.0215. GUARDIANSHIPS. (a) <(e)> The department
4-7 shall file an application under Chapter XIII, <Section 110A or
4-8 131(b) of the> Texas Probate Code, to be appointed guardian of the
4-9 person and estate of an individual who is a minor, is a conservatee
4-10 of the department, and, because of a physical or mental condition,
4-11 will be substantially unable to provide food, clothing, or shelter
4-12 for himself or herself, to care for the individual's own physical
4-13 health, or to manage the individual's own financial affairs when
4-14 the individual becomes an adult.
4-15 (b) As a last resort, the department may apply to be
4-16 appointed guardian of the person or estate of an elderly or
4-17 disabled person who, because of a physical or mental condition,
4-18 will be substantially unable to provide food, clothing, or shelter
4-19 for himself or herself, to care for the individual's own physical
4-20 health, or to manage the individual's own financial affairs. A
4-21 representative of the department shall take the oath required by
4-22 the Texas Probate Code on behalf of the department if the
4-23 department is appointed guardian. If the department knows that an
4-24 individual is willing and able to serve as the guardian, the
4-25 department may inform the court of that individual's willingness
4-26 and ability.
4-27 (c) If appropriate, the department may contract with a
5-1 political subdivision of this state, a private agency, or another
5-2 state agency for the provision of guardianship services under this
5-3 section. The department or a political subdivision of the state or
5-4 state agency with which the department contracts under this section
5-5 is not required to post a bond or pay any cost or fee otherwise
5-6 required by the Texas Probate Code.
5-7 (d) If the department is appointed guardian, the department
5-8 is not liable for funding services provided to the department's
5-9 ward, including long-term care or burial expenses.
5-10 SECTION 5. The heading to Subchapter C, Chapter 48, Human
5-11 Resources Code, is amended to read as follows:
5-12 SUBCHAPTER C. DEPARTMENT INVESTIGATION OF REPORTS OF SUSPECTED
5-13 ABUSE, EXPLOITATION, OR NEGLECT
5-14 SECTION 6. Section 48.036(a), Human Resources Code, is
5-15 amended to read as follows:
5-16 (a) Except as prescribed by Section 48.082 <Subsection (c)
5-17 of this section>, a person having reasonable cause to believe that
5-18 an elderly or disabled person is in the state of abuse,
5-19 exploitation, or neglect shall report the information to the
5-20 department.
5-21 SECTION 7. Section 48.0361(a), Human Resources Code, is
5-22 amended to read as follows:
5-23 (a) A person commits an offense if the person has cause to
5-24 believe that an elderly or disabled person has been abused,
5-25 exploited, or neglected or is in the state of abuse, exploitation,
5-26 or neglect and knowingly fails to report in accordance with Section
5-27 48.036 or Subchapter E <of this code>. An offense under this
6-1 subsection is a Class B misdemeanor.
6-2 SECTION 8. Section 48.037, Human Resources Code, is amended
6-3 to read as follows:
6-4 Sec. 48.037. ACTION ON REPORT. (a) Not later than 24 hours
6-5 after the department receives <upon receipt of> a report of
6-6 suspected need for protective services under Section 48.036 or
6-7 48.081, the department <or state agency, as appropriate,> shall
6-8 initiate a prompt and thorough investigation as needed to evaluate
6-9 the accuracy of the report and to assess the need for protective
6-10 services <determine whether the elderly or disabled person is in
6-11 need of protective services>, unless the department <or state
6-12 agency, as appropriate,> determines that the report:
6-13 (1) is frivolous or patently without a factual basis;
6-14 or
6-15 (2) does not concern abuse, neglect, or exploitation,
6-16 as those terms are defined by Section 48.002 for an investigation
6-17 under this subchapter or as defined by department rules for an
6-18 investigation under Subchapter E.
6-19 (b) The department shall adopt rules for conducting
6-20 investigations under this chapter <Each state agency that
6-21 operates, licenses, certifies, or registers a facility in which
6-22 elderly or disabled persons are located shall adopt rules relating
6-23 to the investigation and resolution of reports received under
6-24 Section 48.036 of this code. The department shall review and
6-25 approve such rules to assure that all agencies implement
6-26 appropriate standards for the conduct of investigations and that
6-27 uniformity exists among agencies in the investigation and
7-1 resolution of reports>.
7-2 SECTION 9. Sections 48.038(a), (b), (d), (e), and (f), Human
7-3 Resources Code, are amended to read as follows:
7-4 (a) In an investigation the department or state agency, as
7-5 appropriate, shall determine:
7-6 (1) whether the person needs protective services from
7-7 the department;
7-8 (2) what services are needed;
7-9 (3) whether services are available from the
7-10 department, state agency, or in the community and how they can be
7-11 provided;
7-12 (4) whether the person would be capable of obtaining
7-13 services for himself and could bear the cost or would be eligible
7-14 for services from the department or state agency;
7-15 (5) whether a caretaker would be willing to provide
7-16 services or would agree to their provisions;
7-17 (6) whether the elderly or disabled person desires the
7-18 services; and
7-19 (7) other pertinent data.
7-20 (b) An investigation by the department or a state agency
7-21 shall include an interview with the elderly or disabled person, if
7-22 appropriate, and <a visit to the elderly or disabled person's place
7-23 of residence and consultation> with persons thought to have
7-24 knowledge of the circumstances. The investigation may include an
7-25 interview with an alleged juvenile perpetrator of the alleged
7-26 abuse, neglect, or exploitation. The department or state agency
7-27 may conduct an interview under this subsection in private or may
8-1 include any person the department or agency determines is
8-2 necessary.
8-3 (d) A peace officer shall accompany and assist the person
8-4 making a court-ordered <forcible> entry under this section, if in
8-5 the opinion of the court such action is necessary.
8-6 (e) The department shall prepare and keep on file a
8-7 <complete written> report of each investigation conducted by the
8-8 department. <Each state agency shall prepare and keep on file a
8-9 complete written report of each investigation conducted by the
8-10 state agency. Each state agency shall submit a copy of each report
8-11 relating to abuse, exploitation, or neglect that occurred in a
8-12 facility operated by the state agency to the department. The
8-13 report shall include any recommendations that the department shall
8-14 provide protective services and shall be forwarded to the
8-15 department within 24 hours of the state agency's determination that
8-16 protective services are needed.>
8-17 (f) If the department's investigation reveals that the
8-18 elderly or disabled person has been <physically> abused by another
8-19 person in a manner that constitutes a criminal offense under any
8-20 law, including Section 22.04, Penal Code, a copy of the <report of
8-21 the> investigation shall be submitted to the appropriate law
8-22 enforcement agency.
8-23 SECTION 10. Sections 48.0385 and 48.039, Human Resources
8-24 Code, are amended to read as follows:
8-25 Sec. 48.0385. ACCESS TO RECORDS OR DOCUMENTS. (a) The
8-26 department or state agency, as appropriate, shall have access to
8-27 any records or documents, including client-identifying
9-1 information<,> and medical and psychological records, necessary to
9-2 the performance of the department's or state agency's duties
9-3 <required> under this chapter. The duties include but are not
9-4 limited to the investigation of abuse, exploitation, or neglect and
9-5 the provisions of services to an elderly or disabled person. A
9-6 person or agency that has a record or document that the department
9-7 or state agency needs to perform its duties under this chapter
9-8 shall, without unnecessary delay, make the record or document
9-9 available to the department or agency.
9-10 (b) If the department or another state agency cannot obtain
9-11 access to a record or document that is necessary to properly
9-12 conduct an investigation or to perform another duty under this
9-13 chapter, the department or agency may petition the probate court or
9-14 the statutory or constitutional county court having probate
9-15 jurisdiction for access to the record or document.
9-16 (c) <(b)> On good cause shown, the court shall order the
9-17 person who denied access to a record or document to allow the
9-18 department or agency to have access under the terms and conditions
9-19 prescribed by the court.
9-20 (d) <(c)> A person is entitled to notice and a hearing on
9-21 the petition.
9-22 (e) <(d)> Access to a confidential record under this section
9-23 does not constitute a waiver of confidentiality.
9-24 Sec. 48.039. IMMUNITY. (a) A person filing a report under
9-25 this chapter<, participating in an investigation required by this
9-26 chapter,> or testifying or otherwise participating in any judicial
9-27 proceeding arising from a petition, report, or investigation is
10-1 immune from civil or criminal liability on account of his or her
10-2 petition, report, testimony, or participation, unless the person
10-3 acted in bad faith or with a malicious purpose.
10-4 (b) A person, including an authorized department volunteer,
10-5 medical personnel, or law enforcement officer, who at the request
10-6 of the department participates in an investigation required by this
10-7 chapter or in an action that results from that investigation is
10-8 immune from civil or criminal liability for any act or omission
10-9 relating to that participation if the person acted in good faith
10-10 and, if applicable, in the course and scope of the person's
10-11 assigned responsibilities or duties.
10-12 (c) In this section, "volunteer" means a person who:
10-13 (1) renders services for or on behalf of the
10-14 department under the supervision of a department employee; and
10-15 (2) does not receive compensation that exceeds the
10-16 authorized expenses the person incurs in rendering those services.
10-17 SECTION 11. Section 48.056, Human Resources Code, is amended
10-18 to read as follows:
10-19 Sec. 48.056. AGENCY POWERS. A protective services agency
10-20 may furnish protective services to an elderly or disabled person
10-21 with the person's consent or, if the person lacks the capacity to
10-22 consent, without that person's consent as provided by this
10-23 chapter.
10-24 SECTION 12. Sections 48.061(b), (c), (d), (e), and (h),
10-25 Human Resources Code, are amended to read as follows:
10-26 (b) If the department determines that an elderly or disabled
10-27 person is suffering from abuse, exploitation, or neglect presenting
11-1 a threat to life or physical safety, that the person lacks capacity
11-2 to consent to receive protective services, and that no consent can
11-3 be obtained, the department may petition the probate or statutory
11-4 or constitutional county court that has probate jurisdiction in the
11-5 county in which the elderly or disabled person resides for an
11-6 emergency order authorizing protective services.
11-7 (c) The petition shall be verified and shall include:
11-8 (1) the name, age, and address of the elderly or
11-9 disabled person who needs protective services;
11-10 (2) <,> the nature of the abuse, exploitation, or
11-11 neglect;
11-12 (3) <,> the services needed;<,> and
11-13 (4) a medical report signed by a physician stating
11-14 that the person is suffering from abuse, exploitation, or neglect
11-15 presenting a threat to life or physical safety and stating that the
11-16 person is physically or mentally incapable of consenting to
11-17 services unless the court finds that an immediate danger to the
11-18 health or safety of the elderly or disabled person exists and there
11-19 is not sufficient time to obtain the medical report.
11-20 (d) On finding that there is reasonable cause to believe
11-21 that abuse, exploitation, or neglect presents a threat to life or
11-22 physical safety for the elderly or disabled person and that the
11-23 elderly or disabled person lacks capacity to consent to services,
11-24 the court may:
11-25 (1) order removal of the elderly or disabled person to
11-26 safer surroundings;
11-27 (2) order<, authorize> medical services; <treatment,>
12-1 and
12-2 (3) order other available services necessary to remove
12-3 conditions creating the threat to life or physical safety,
12-4 including the services of law enforcement officers or emergency
12-5 medical services personnel.
12-6 (e) The emergency order expires at the end of 72 hours from
12-7 the time of the order unless the 72-hour period ends on a Saturday,
12-8 Sunday, or legal holiday in which event the order is automatically
12-9 extended to 4 p.m. on the first succeeding business day. An order
12-10 may be renewed for not more than 14 <two> additional days <72-hour
12-11 periods>. A renewal order that ends on a Saturday, Sunday, or legal
12-12 holiday is automatically extended to 4 p.m. on the first succeeding
12-13 business day. The court may modify or terminate the emergency
12-14 order on petition of the department, the incompetent person, or any
12-15 person interested in his welfare.
12-16 (h) If the department cannot obtain an emergency order under
12-17 this section because the court is closed on a Saturday, Sunday, or
12-18 legal holiday or after 5 p.m., the department may remove the
12-19 elderly or disabled person to safer surroundings, authorize medical
12-20 treatment, or order or provide other available services necessary
12-21 to remove conditions creating the threat to life or physical
12-22 safety. The department must obtain an emergency order under this
12-23 section not later than 4 p.m. on the first succeeding business day
12-24 after the date on which protective services are provided. If the
12-25 department does not obtain an emergency order, the department shall
12-26 cease providing protective services and, if necessary, make
12-27 arrangements for the immediate return of the person to the place
13-1 from which the person was removed, <of apprehension or> to the
13-2 person's place of residence in the state, or to another <other>
13-3 suitable place.
13-4 SECTION 13. Chapter 48, Human Resources Code, is amended by
13-5 amending Subchapter E and adding Subchapter F to read as follows:
13-6 SUBCHAPTER E. INVESTIGATIONS IN CERTAIN FACILITIES
13-7 Sec. 48.081. INVESTIGATION OF REPORTS IN MHMR FACILITIES AND
13-8 IN COMMUNITY CENTERS. (a) The department shall receive and
13-9 investigate reports of the abuse, neglect, or exploitation of an
13-10 individual:
13-11 (1) receiving services in a facility operated by the
13-12 Texas Department of Mental Health and Mental Retardation; or
13-13 (2) being provided services through a program under
13-14 contract with a facility operated by the Texas Department of Mental
13-15 Health and Mental Retardation.
13-16 (b) The department and the Texas Department of Mental Health
13-17 and Mental Retardation shall develop joint rules to facilitate
13-18 investigations in state mental health and mental retardation
13-19 facilities.
13-20 (c) The department shall receive and investigate a report of
13-21 the alleged abuse, neglect, or exploitation of an individual
13-22 receiving services in a community center or from a program
13-23 providing services under contract with a community center.
13-24 (d) The department shall forward to a state mental health or
13-25 mental retardation facility, a community center, or a program
13-26 providing mental health or mental retardation services under
13-27 contract with such a facility or community center:
14-1 (1) a copy of any report the department receives
14-2 relating to alleged or suspected abuse, neglect, or exploitation of
14-3 an individual receiving services from that facility, community
14-4 center, or program; and
14-5 (2) a copy of the department's investigation findings
14-6 and report.
14-7 (e) After completion of the appeals process, the department
14-8 shall refer a complaint relating to an investigation conducted by
14-9 the department under this section to the department's ombudsman
14-10 office for appropriate action.
14-11 (f) If the department's investigation under this section
14-12 reveals that an elderly or disabled person has been abused by
14-13 another person in a manner that constitutes a criminal offense
14-14 under any law, including Section 22.04, Penal Code, a copy of the
14-15 investigation shall be submitted to the appropriate law enforcement
14-16 agency.
14-17 (g) In this section, "community center" has the meaning
14-18 assigned by Section 531.002, Health and Safety Code.
14-19 Sec. 48.082. INVESTIGATION OF REPORTS IN OTHER STATE
14-20 FACILITIES. (a) If a person has reasonable cause to believe that
14-21 an elderly or disabled person has been abused, exploited, or
14-22 neglected in a facility operated, licensed, certified, or
14-23 registered by a state agency other than the Texas Department of
14-24 Mental Health and Mental Retardation, the person shall report the
14-25 information to the state agency that operates, licenses, certifies,
14-26 or registers the facility for investigation by that agency.
14-27 (b) If the department receives a report under this section
15-1 relating to an elderly or disabled person in a facility operated,
15-2 licensed, certified, or registered by a state agency other than the
15-3 Texas Department of Mental Health and Mental Retardation, the
15-4 department shall refer the report to that agency.
15-5 (c) A state agency that receives a report under this section
15-6 shall make a thorough investigation promptly after receiving a
15-7 report that an elderly or disabled person has been or may be
15-8 abused, exploited, or neglected in a facility operated, licensed,
15-9 certified, or registered by the agency. The primary purpose of the
15-10 investigation is the protection of the elderly or disabled person.
15-11 (d) The state agency shall prepare and keep on file a
15-12 complete written report of each investigation conducted by the
15-13 state agency under this section.
15-14 (e) If the state agency's investigation under this section
15-15 reveals that an elderly or disabled person has been abused by
15-16 another person in a manner that constitutes a criminal offense
15-17 under any law, including Section 22.04, Penal Code, a copy of the
15-18 investigation shall be submitted to the appropriate law enforcement
15-19 agency.
15-20 (f) A state agency that receives a complaint relating to an
15-21 investigation conducted under this section shall refer the
15-22 complaint to its governing board or other entity designated to
15-23 receive such complaints for review and appropriate action.
15-24 Sec. 48.083. RULES. (a) Each state agency, other than the
15-25 Texas Department of Mental Health and Mental Retardation, that
15-26 operates, licenses, certifies, or registers a facility in which
15-27 elderly or disabled persons are located shall adopt rules relating
16-1 to the investigation and resolution of reports received under
16-2 Section 48.082.
16-3 (b) The Health and Human Services Commission shall review
16-4 and approve the rules to ensure that all agencies implement
16-5 appropriate standards for the conduct of investigations and that
16-6 uniformity exists among agencies in the investigation and
16-7 resolution of reports.
16-8 Sec. 48.084. STATISTICS. (a) Each state agency, other than
16-9 the Texas Department of Mental Health and Mental Retardation, that
16-10 operates, licenses, certifies, or registers a facility in which
16-11 elderly or disabled persons are located shall compile and maintain
16-12 statistics on the incidence of abuse, neglect, or exploitation of
16-13 elderly or disabled persons that occurs in the facilities.
16-14 (b) The agency shall make the statistics available to the
16-15 Health and Human Services Commission on request.
16-16 Sec. 48.085. INVESTIGATIONS IN NURSING HOMES AND SIMILAR
16-17 FACILITIES. (a) This subchapter does not apply if the alleged or
16-18 suspected abuse, neglect, or exploitation occurs in a facility
16-19 licensed under Chapter 242, Health and Safety Code.
16-20 (b) Alleged or suspected abuse, neglect, or exploitation
16-21 that occurs in a facility licensed under Chapter 242, Health and
16-22 Safety Code, is governed by Subchapter B, Chapter 242, Health and
16-23 Safety Code.
16-24 (Sections 48.086-48.100 reserved for expansion
16-25 SUBCHAPTER F. MISCELLANEOUS PROVISIONS
16-26 Sec. 48.101 <48.083>. CONFIDENTIALITY AND DISCLOSURE OF
16-27 INFORMATION; AGENCY EXCHANGE OF INFORMATION <RECORDS>. (a) The
17-1 following information is confidential and not subject to disclosure
17-2 under Chapter 552, Government Code:
17-3 (1) a report of abuse, neglect, or exploitation made
17-4 under this chapter;
17-5 (2) the identity of the person making the report; and
17-6 (3) except as provided by this section, all files,
17-7 reports, records, communications, and working papers used or
17-8 developed in an investigation made under this chapter or in
17-9 providing services as a result of an investigation.
17-10 (b) Confidential information may be disclosed only for a
17-11 purpose consistent with this chapter and as provided by department
17-12 rule and applicable federal law.
17-13 (c) A court may order disclosure of confidential information
17-14 only if:
17-15 (1) a motion is filed with the court requesting
17-16 release of the information and a hearing on that request;
17-17 (2) notice of that hearing is served on the department
17-18 and each interested party; and
17-19 (3) the court determines after the hearing and an in
17-20 camera review of the information that disclosure is essential to
17-21 the administration of justice and will not endanger the life or
17-22 safety of any individual who:
17-23 (A) is the subject of a report of abuse,
17-24 neglect, or exploitation;
17-25 (B) makes a report of abuse, neglect, or
17-26 exploitation; or
17-27 (C) participates in an investigation of reported
18-1 abuse, neglect, or exploitation.
18-2 (d) The department by rule shall provide for the release on
18-3 request to a person who is the subject of a report of abuse,
18-4 neglect, or exploitation or to that person's legal representative
18-5 of otherwise confidential information relating to that report. The
18-6 department shall edit the information before release to protect the
18-7 confidentiality of information relating to the reporter's identity
18-8 and to protect any other individual whose safety or welfare may be
18-9 endangered by disclosure.
18-10 (e) The department may adopt rules relating to the release
18-11 of information contained in the record of a deceased individual to
18-12 whom the department has provided protective services. The rules
18-13 must be consistent with the purposes of this chapter and any
18-14 applicable state or federal law.
18-15 (f) The department may establish procedures to exchange with
18-16 another state agency or governmental entity information that is
18-17 necessary for the department or the agency or entity to properly
18-18 execute its respective duties and responsibilities to provide
18-19 services to elderly or disabled persons under this chapter or other
18-20 law. An exchange of information under this subsection does not
18-21 affect whether the information is subject to disclosure under
18-22 Chapter 552, Government Code. <The records of the department or
18-23 other agency pertaining to an elderly or disabled person who is
18-24 protected under this chapter or for whom an application for
18-25 protection has been made are not open to public inspection.
18-26 Information contained in the records may not be disclosed publicly
18-27 in a manner that will identify an individual, but the records shall
19-1 be available on application for cause to persons approved by the
19-2 court having jurisdiction of the case under Chapter V, Texas
19-3 Probate Code.>
19-4 Sec. 48.102 <48.084>. OBJECTION TO MEDICAL TREATMENT. This
19-5 chapter does not authorize or require any medical treatment of a
19-6 person who objects on the grounds that he is an adherent or member
19-7 of a recognized church or religious denomination the tenets and
19-8 practice of which may include reliance solely upon spiritual means
19-9 through prayer for healing.
19-10 Sec. 48.103. INTERFERENCE WITH INVESTIGATION OR SERVICES
19-11 PROHIBITED. (a) A person may not interfere with:
19-12 (1) an investigation by the department or by a
19-13 protective services agency of alleged abuse, neglect, or
19-14 exploitation of an elderly or disabled person; or
19-15 (2) the provision of protective services to an elderly
19-16 or disabled person.
19-17 (b) The department or a protective services agency may
19-18 petition the appropriate court to enjoin any interference with:
19-19 (1) an investigation of alleged abuse, neglect, or
19-20 exploitation; or
19-21 (2) the provision of protective services such as
19-22 removal of the elderly or disabled person to safer surroundings or
19-23 safeguarding the person's resources from exploitation.
19-24 SECTION 14. The following provisions of the Human Resources
19-25 Code are repealed:
19-26 (1) Sections 48.036(c)-(f);
19-27 (2) Section 48.041; and
20-1 (3) Section 48.060.
20-2 SECTION 15. This Act takes effect September 1, 1995.
20-3 SECTION 16. The importance of this legislation and the
20-4 crowded condition of the calendars in both houses create an
20-5 emergency and an imperative public necessity that the
20-6 constitutional rule requiring bills to be read on three several
20-7 days in each house be suspended, and this rule is hereby suspended.