H. B. 4723


(By Delegates Fleischauer, DeLong and Brown)
[Introduced February 27, 2004 ; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact §9-6-11 of the code of West Virginia, 1931, as amended, relating to reporting abuse and neglect of certain adults; and providing that the names of nonmandatory reporters may not be disclosed unless the reporter consents.

Be it enacted by the Legislature of West Virginia:
That §9-6-11 of the code of West Virginia, 1931, 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. 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. The identity of any person other than a mandatory reporter reporting abuse, neglect or exploitation of a vulnerable adult may not be released without that person's written consent to any person other than employees of the department responsible for protective services. This subsection applies only to the person who reported the abuse, neglect or exploitation.
(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 provide that the names of nonmandatory reporters of suspected abuse, neglect or exploitation of adults may not be disclosed unless the reporter consents. The bill also provides that the receiving agency is not required to file a written report.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.