Senate Bill No. 8
(By Senators Bowman, Bailey and Anderson)
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[Introduced February 14, 2001; referred to the Committee on the
Judiciary; and then to the Committee on Finance.]
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A BILL to amend and reenact section eleven, article six, chapter
nine of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to requiring a personal
interview with an alleged adult victim of abuse within
fourteen days following the initial report.
Be it enacted by the Legislature of West Virginia:
That section eleven, article six, chapter nine of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 6. SOCIAL SERVICES FOR ADULTS.
§9-6-11. Reporting procedures.
(a) A report of neglect or abuse of an incapacitated adult or facility resident or of an emergency situation involving such
an adult shall be made immediately by telephone to the
department's local adult protective services agency and shall be
followed by a written report by the complainant or the receiving
agency within forty-eight hours. The department shall, upon
receiving any such report, take such action as may be appropriate
and shall maintain a record thereof. As part of this response,
within fourteen days, there shall be a face-to-face interview
with the incapacitated adult and the development of a protection
plan, if necessary, for the safety or health of the incapacitated
adult, which may involve law-enforcement officers or the court.
The department shall receive such telephonic reports on its
twenty-four hour, seven-day-a-week, toll-free number established
to receive calls reporting cases of suspected or known adult
abuse or neglect.
(b) A copy of any report of abuse, neglect or emergency
situation shall be immediately filed with the following agencies:
(1) The department of health and human resources;
(2) The appropriate law-enforcement agency and the
prosecuting attorney, if necessary; or
(3) In case of a death, to the appropriate medical examiner or coroner's office.
(c) If the person who is alleged to be abused or neglected
is a resident of a nursing home or other residential facility, a
copy of the report shall also be filed with the state or regional
ombudsman and the administrator of the nursing home or facility.
(d) The department shall omit from such report in the first
instance, the name of the person making a report, when requested
by such person.
(e) Reports of known or suspected institutional abuse or
neglect of an incapacitated adult or facility resident or the
existence of an emergency situation in an institution, nursing
home or other residential facility shall be made, received and
investigated in the same manner as other reports provided for in
this article. In the case of a report regarding an institution,
nursing home or residential facility, the department shall
immediately cause an investigation to be conducted.
(f) Upon receipt of a written complaint, the department
shall coordinate an investigation pursuant to section three of
this article and applicable state or federal laws, rules or
regulations.
NOTE: The purpose of this bill is to require an interview
with an incapacitated adult reported to have been abused,
neglected or in an emergency situation.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.