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.