SENATE CONCURRENT RESOLUTION NO. 57

(By Senators Snyder, Rowe, Unger, Bailey, Prezioso, Edgell, Kessler, Helmick, Ross, Love, Minear, Caldwell, Oliverio, Minard, Fanning, McCabe, Anderson, Jackson, Craigo, Hunter, Burnette and Tomblin, Mr, President)


Requesting the Joint Committee on Government and Finance study methods for preventing abuse and neglect of adults in treatment facilities and adult care homes.

Whereas, Abuse and neglect of adults receiving behavioral health services are growing problems that worsen daily as our senior citizen population increases ; and

Whereas, People should feel comfortable that their loved ones will be well cared for and not abused or neglected when placed in adult care homes ; and

Whereas, People should be able to access information regarding the record of employees and persons who regularly deal with adults receiving behavioral health services ; and

Whereas, Current laws are not adequate, particularly in the area of reporting complaints of mistreatment of residents in these facilities in a timely manner and to the appropriate authorities; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby
requested to study the methods for preventing abuse and neglect of adults in treatment facilities and adult care homes; and, be it
Further Resolved, That the Joint Committee on Government and Finance also study: The efficacy of establishing a separate registry maintained by the Department of Health and Human Resources which is accessible by the public; the proper length of time an offender registry should be maintained; the appropriate means to assure the correct identity of offenders and reduce the incidence of mistaken identity which harms the reputation of otherwise innocent persons with the same or similar name; whether a registry should be public or restricted to certain persons; whether the Department of Health and Human Resources should maintain a registry which requires anyone with a registered facility to check all state and national records and sex offender registry prior to employing anyone who works with adults who are incapacitated in some way; and the appropriateness of making the registered facilities report all allegations of abuse or neglect to the Department of Health and Human Resources and requiring the Department of Health and Human Resources report all criminal acts to law enforcement; and, be it

Further Resolved, That the Joint Committee on Government and Finance report to the Legislature on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations, no later than the first day of January, 2003; and, be it

Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.