HOUSE CONCURRENT RESOLUTION NO. 85
(By Delegates DeLong and Douglas)
[Introduced March 8, 2002; referred to the
Committee on Rules.]
Requesting the Joint Committee on Government and Finance to appoint
a committee to conduct a study to develop measures to prevent
abuse and neglect of adults under the care of treatment
facilities and care homes, including effective means to
monitor and deter abuse and neglect of adults receiving
behavioral health services.
Whereas, The abuse and neglect of adults receiving behavioral
health services
is a very real problem; and
Whereas, Effective measures could be developed to deter this
abuse
; and
Whereas, Relatives should be able to feel comfortable that
their loved ones in adult care homes receive appropriate care
; and
Whereas, Public access to information regarding the criminal
record of employees and persons who are employed in treatment
facilities and care homes that regularly deal with adults receiving
behavioral health services would benefit the interests of all
residents of the State
; and
Whereas, The adequacy of current laws in this area needs to be
evaluated; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the prospect of establishing a separate registry
of employees and persons who have a criminal record and reemployed
in treatment facilities and nursing homes maintained by the
Department of Health and Human Resources which is accessible by the
public; the proper length of time the registry should be
maintained; the appropriate means to assure that only persons
having a criminal record are listed on the registry in order to
protect the reputation of persons with the same or similar name;
whether a registry should be public information or restricted to
certain persons; whether a registry should include all State and
national sex offender registries; whether treatment facilities and
nursing homes should be required to consult the registry prior to
employing anyone who works with adults who are incapacitated in
some way; the appropriateness of making treatment facilities and
nursing homes report all allegations of abuse or neglect to the
Department of Health and Human Resources and law enforcement; and,
be it
Further Resolved, That the committee shall report to the Legislature its findings, conclusions and recommendations, together
with drafts of any legislation necessary to effectuate its
recommendations no later than the first day of January, two
thousand three; and, be it
Further Resolved, That the expenses necessary to conduct the
study and to prepare appropriate reports, recommendations and
proposed legislation be paid from legislative appropriations to the
Joint Committee on Government and Finance.