Revises certain requirements concerning reported cases of abuse, neglect, or exploitation of a vulnerable adult.

S3483

SENATE, No. 3483

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 12, 2026

Sponsored by:

Senator� JAMES BEACH

District 6 (Burlington and Camden)

Senator� ANGELA V. MCKNIGHT

District 31 (Hudson)

SYNOPSIS

���� Revises certain requirements concerning reported
cases of abuse, neglect, or exploitation of a vulnerable adult.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning protective services for vulnerable adults
and amending P.L.1993, c.249.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� Section 2 of P.L.1993,
c.249 (C.52:27D-407) is amended to read as follows:

���� 2.��� As used in this act:

���� "Abuse" means the
willful infliction of physical pain, injury or mental anguish, unreasonable
confinement, or the willful deprivation of services which are necessary to
maintain a person's physical and mental health.�

���� "Caretaker" means a
person who has assumed the responsibility for the care of a vulnerable adult as
a result of family relationship or who has assumed responsibility for the care
of a vulnerable adult voluntarily, by contract, or by order of a court of
competent jurisdiction, whether or not they reside together.�

���� "Commissioner" means
the Commissioner of Human Services.

���� "Community setting"
means a private residence or any noninstitutional setting in which a person may
reside alone or with others, but shall not include residential health care
facilities, rooming houses or boarding homes or any other facility or living
arrangement subject to licensure by, operated by, or under contract with, a
State department or agency.�

���� "County adult protective
services provider" means a county Board of Social Services or other public
or nonprofit agency with experience as a New Jersey provider of protective
services for adults, designated by the county and approved by the commissioner.
The county adult protective services provider receives reports made pursuant to
this act, maintains pertinent records and provides, arranges, or recommends
protective services.�

���� "County director"
means the director of a county adult protective services provider.�

���� "Department" means
the Department of Human Services.

����
[
"Emergency medical
technician" means a person trained in basic life support services as
defined in section 1 of P.L.1985, c.351 (C.26:2K-21) and who is certified by
the Department of Health to provide that level of care.
]

���� "Exploitation" means
the act or process of illegally or improperly using a person or his resources
for another person's profit or advantage.�

����
[
"Firefighter" means a
paid or volunteer firefighter.

���� "Health care
professional" means a health care professional who is licensed or
otherwise authorized, pursuant to Title 45 or Title 52 of the Revised Statutes,
to practice a health care profession that is regulated by one of the following
boards or by the Director of the Division of Consumer Affairs: the State Board
of Medical Examiners, the New Jersey Board of Nursing, the New Jersey State
Board of Dentistry, the New Jersey State Board of Optometrists, the New Jersey
State Board of Pharmacy, the State Board of Chiropractic Examiners, the
Acupuncture Examining Board, the State Board of Physical Therapy, the State
Board of Respiratory Care, the Orthotics and Prosthetics Board of Examiners,
the State Board of Psychological Examiners, the State Board of Social Work
Examiners, the State Board of Examiners of Ophthalmic Dispensers and Ophthalmic
Technicians, the Audiology and Speech-Language Pathology Advisory Committee,
the State Board of Marriage and Family Therapy Examiners, the Occupational
Therapy Advisory Council, the Certified Psychoanalysts Advisory Committee, and
the State Board of Polysomnography.� "Health care professional" also
means a nurse aide or personal care assistant who is certified by the
Department of Health.
]

���� "Neglect" means an
act or failure to act by a vulnerable adult or his caretaker which results in
the inadequate provision of care or services necessary to maintain the physical
and mental health of the vulnerable adult, and which places the vulnerable
adult in a situation which can result in serious injury or which is
life-threatening.�

���� "Protective
services" means voluntary or court-ordered social, legal, financial,
medical or psychiatric services necessary to safeguard a vulnerable adult's
rights and resources, and to protect a vulnerable adult from abuse, neglect or
exploitation.� Protective services include, but are not limited to: evaluating
the need for services, providing or arranging for appropriate services,
obtaining financial benefits to which a person is entitled, and arranging for
guardianship and other legal actions.�

���� "Vulnerable adult"
means a person 18 years of age or older who resides in a community setting and
who, because of a physical or mental illness, disability or deficiency, lacks
sufficient understanding or capacity to make, communicate, or carry out
decisions concerning his well-being and is the subject of abuse, neglect or
exploitation.� A person shall not be deemed to be the subject of abuse, neglect
or exploitation or in need of protective services for the sole reason that the
person is being furnished nonmedical remedial treatment by spiritual means
through prayer alone or in accordance with a recognized religious method of
healing in lieu of medical treatment, and in accordance with the tenets and
practices of the person's established religious tradition.�

(cf: P.L.1993, c.249, s.2)

���� 2.��� Section 4 of P.L.1993,
c.149 (C.52:27D-409) is amended to read as follows:

���� 4.� a.� (1)�
[
A health care
professional, law enforcement officer, firefighter, paramedic or emergency
medical technician who has reasonable cause to believe that a vulnerable adult
is the subject of abuse, neglect or exploitation shall report the information
to the county adult protective services provider.
]

(Deleted by amendment,
P.L.��� , c.��� ) (pending before the Legislature as this bill)

���� (2)� Any
[
other
]
person who
has reasonable cause to believe that a vulnerable adult is the subject of
abuse, neglect or exploitation
[
may
]

shall

report the information to the county adult protective services provider.

���� b.��� The report, if possible,
shall contain the name and address of the vulnerable adult; the name and
address of the caretaker, if any; the nature and possible extent of the
vulnerable adult's injury or condition as a result of abuse, neglect or
exploitation; and any other information that the person reporting believes may
be helpful.

���� c.��� A person who reports
information pursuant to this act, or provides information concerning the abuse
of a vulnerable adult to the county adult protective services provider, or
testifies at a grand jury, judicial or administrative proceeding resulting from
the report, is immune from civil and criminal liability arising from the
report, information, or testimony, unless the person acts in bad faith or with
malicious purpose.

���� d.��� An employer or any other
person shall not take any discriminatory or retaliatory action against an
individual who reports abuse, neglect or exploitation pursuant to this act.� An
employer or any other person shall not discharge, demote or reduce the salary
of an employee because the employee reported information in good faith pursuant
to this act.� A person who violates this subsection is liable for a fine of up
to $1,000.

���� e.��� A county adult
protective services provider and its employees are immune from criminal and
civil liability when acting in the performance of their official duties, unless
their conduct is outside the scope of their employment, or constitutes a crime,
actual fraud, actual malice, or willful misconduct.

����
f.���� Any person who has
reasonable cause to believe that a vulnerable adult is the subject of abuse,
neglect, or exploitation who fails to report the information pursuant to subsection
a. of this section shall be guilty of a crime of the fourth degree.� In
addition, the person shall be liable to a civil penalty of not more than $500,
which penalty shall be collected and enforced by summary proceedings pursuant
to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10
et seq.).� Each violation of this section shall constitute a separate offense.

(cf: P.L.2009, c.276, s.2)

���� 3.��� Section 5 of P.L.1993,
c.249 (C.52:27D-410) is amended to read as follows:

���� 5.� a.� A county adult
protective services provider shall provide access for reporting abuse, neglect
and exploitation.� Information shall also be available to a person who reports
abuse, neglect or exploitation on ways to access emergency assistance.�

���� b.�� The county adult
protective services provider upon receiving a report that a vulnerable adult is
being or has been the subject of abuse, neglect or exploitation, shall initiate
a prompt and thorough evaluation of the report within 72 hours.�

���� c.��� If the county adult
protective services provider is prevented from conducting an evaluation of a
report of abuse, neglect or exploitation, the county adult protective services
provider may petition a court of competent jurisdiction for an order to conduct
the evaluation.�

���� d.��� An evaluation conducted
pursuant to this act shall be conducted by a person with appropriate training
and experience as set forth by regulation.� The evaluation shall be based upon
a visit with the vulnerable adult about whom the report was made and upon
consultation with others who have knowledge of the particular case to determine
whether protective services are needed and what action, if any, is required.�

���� e.��� Records of public
agencies, private organizations, banks and other financial institutions,
medical institutions and practitioners, which the county director or his
designee reasonably believes to be necessary to complete the evaluation, shall
be made available to the county adult protective services provider.�

����
f.���� Any person who
willfully interferes with or prevents a county adult protective services
provider from conducting an evaluation pursuant to an order issued by a court
of competent jurisdiction under subsection c. of this section shall be guilty
of a crime of the fourth degree.

(cf: P.L.1993, c.249, s.5)

���� 4.��� Section 6 of P.L.1993,
c.249 (C.52:27D-411) is amended to read as follows:

���� 6.� a.� If a determination is
made by the county adult protective services provider that there is reasonable
cause to believe that the vulnerable adult has been the subject of abuse,
neglect or exploitation, the county adult protective services provider shall
determine the need for protective services.� If the vulnerable adult or his
legal guardian consents, the county adult protective services provider shall
provide or arrange for appropriate protective services, as may be available.�
The county adult protective services provider shall also make formal referrals
to State, county, and local agencies, hospitals and organizations, including
county offices on aging for clients age 60 and over, for services which the
county adult protective services provider is unable to provide directly.� The
county protective services provider shall follow up on referrals to determine
whether services are being provided.�

���� b.��� A county protective
services provider may refer a person who needs protective services and who,
because of a developmental disability or mental illness, is in need of
specialized care, treatment or services, to the Division of Developmental
Disabilities or the Division of Mental Health and
[
Hospitals
]

Addiction
Services
in the Department of Human Services, as appropriate.� These
divisions shall consider referrals from the county adult protective services
providers on a priority basis and assist in providing the specialized services
needed to protect abused, neglected, or exploited vulnerable adults, including
those 60 years and over.�

����
c.��� Any person who
willfully interferes with the provision of protective services to a vulnerable
adult that are provided, arranged for, or for which a formal referral was made
pursuant to subsection a. of this section shall be guilty of a crime of the
fourth degree.

(cf: P.L.1993, c.249, s.6)

���� 5.��� Section 16 of P.L.1993,
c.249 (C.52:27D-421) is amended to read as follows:�

���� 16.� The commissioner shall
establish a central registry for the receipt and maintenance of all reports of
suspected abuse, neglect and exploitation of vulnerable adults.� The department
shall compile and maintain in the central registry demographic data on vulnerable
adults, Statewide statistics related to abuse, neglect and exploitation and
other information submitted by county adult protective services providers.�
The
department shall make available on its Internet website a publicly-available
registry of substantiated acts of abuse, neglect, and exploitation of
vulnerable adults, which registry shall include, at a minimum, the name of each
individual found to have abused, neglected, or exploited a vulnerable adult,
along with a description of the nature of the offense and whether the
individual has committed other substantiated acts of abuse, neglect, or
exploitation of a vulnerable adult.� The publicly-available registry shall not
include any personal or identifying information concerning the vulnerable
adult.

(cf: P.L.1993, c.249, s.16)

���� 6.��� This act shall take
effect 60 days after the date of enactment.

STATEMENT

���� This bill revises the �Adult
Protective Services Act,� P.L.1993, c.249 (C.52:27D-406 et seq.), to:� 1)
expand the mandatory reporting requirement; 2) establish penalties for failure
to make a mandatory report, for interfering with an evaluation of a report, and
for interfering with the provision of protective services; and 3) establish a
public registry of substantiated acts of abuse, neglect, and exploitation of
vulnerable adults.

���� Current law requires health
care professionals, law enforcement officers, firefighters, paramedics, and
emergency medical technicians who have reasonable cause to believe that a
vulnerable adult is the subject of abuse, neglect, or exploitation to report
the information to the county adult protective services provider.� For all
other people, reporting is permissive.�

���� The bill revises these
requirements to make reporting abuse, neglect, or exploitation of a vulnerable
adult mandatory for every person in the State.� A person who has reasonable
cause to believe a vulnerable adult is being abused, neglected, or exploited
who fails to make a report will be guilty of a crime of the fourth degree,
which is punishable by imprisonment for up to 18 months, a fine of up to
$10,000, or both.� The person will additionally be liable to a civil penalty of
up to $500.

���� Current law establishes
requirements for county adult protective services providers to evaluate reports
of abuse, neglect, or exploitation of a vulnerable adult, which include the
ability to obtain a court order to compel compliance with an evaluation.� The
bill provides that anyone who willfully interferes with or prevents an
evaluation from being conducted after a court has issued an order to conduct
the evaluation will be guilty of a crime of the fourth degree, which is
punishable by imprisonment for up to 18 months, a fine of up to $10,000, or
both.

���� Current law provides that, if
a county adult protective services provider determines that a vulnerable adult
is in need of protective services, and the vulnerable adult or the vulnerable
adult�s guardian consents, the provider is to provide, arrange for the
provision of, or make formal referrals for, appropriate protective services.�
The bill provides that any person who willfully interferes with the provision
of those services is guilty of a crime of the fourth degree.

���� The Department of Human
Services currently maintains a central registry of all reports of suspected
abuse, neglect, and exploitation of vulnerable adults, which includes
demographic data on vulnerable adults, Statewide statistics related to abuse,
neglect, and exploitation, and other information submitted by county adult
protective services providers.� The bill requires the department to make
available on its Internet website a publicly-available registry of
substantiated acts of abuse, neglect, and exploitation of vulnerable adults,
which will include, at a minimum, the name of each individual found to have
abused, neglected, or exploited a vulnerable adult, along with a description of
the nature of the offense and whether the individual has committed other
substantiated acts of abuse, neglect, or exploitation of a vulnerable adult.�
The publicly-available registry will not include any personal or identifying
information concerning the vulnerable adult.�