Adult protective services.

WORKING DRAFT

ORIGINAL SENATE
FILE

NO.
0089

ENROLLED ACT NO. 47, SENATE

SIXTY-FIRST LEGISLATURE OF THE STATE OF
WYOMING
2011 GENERAL SESSION

AN ACT relating to
adult protective services; amending and creating definitions; specifying that the department of
family
services shall not act as a caregiver as specified; requiring the department to pay specified costs; clarifying circumstances under which the department shall not
be required to
pay costs; amending services the department may be ordered by a court to provide;
waiving a notification requirement as specified;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 35
‑
20
‑
102(a)(ii)
(intro), (C)
,
(D)
,
by creating new subparagraphs (E) through (G), (iv)(intro), (viii), (ix)
(A),
by creating new subparagraphs (C) and (D), (xii), by creating ne
w paragraphs (xxi) and (xxii) and
by renumbering (xxi) as (xxiii), 35
‑
20
‑
105(a), (c)
(intro) and
(i), 35
‑
20
‑
106(c)(ii)
and
35
‑
20
‑
107(d) are amended to read:

35
‑
20
‑
102.

Definitions.

(a)

As used in this act:

(ii)

"Abuse" means the intentional or reckless infliction, by the vulnerable adult's caregiver,

person of trust or authority, professional,

family member or other individual of:

(C)

Cruel punishment with resulting physical or emotional harm or pain to a vulnerable adult;

or

(D)

Photographing vulnerable adults in violation of W.S. 6
‑
4
‑
304(b)
;
.

(E)

Sexual abuse;

(F)

Intimidation; or

(G)

Exploitation.

(iv)

"Caregiver" means any person or
agency

in
-
home service provider
responsible for the care of a vulnerable adult because of:

(viii)

"Emergency services" means those services
, including physical care and custody in a nonrestrictive environment, necessary to maintain the vulnerable adult's vital functions and without which services the vulnerable adult would suffer irreparable harm or death

that may be provided to assist vulnerable adults to prevent or terminate abuse, neglect
,
exploitation, intimidation or abandonment until the emergency has been resolved
;

(ix)

"Exploitation" means the reckless or intentional act taken by any person, or any use of the power of attorney, conservatorship or guardianship of a vulnerable adult, to:

(A)

Obtain control through deception, harassment, intimidation or undue influence over the vulnerable adult's money, assets or property with the intention of permanently or temporarily depriving the vulnerable adult of the ownership, use, benefit or possession of his money, assets or property;

or

(C)

Intentionally misuse the principal's property and, in so doing, adversely affect the principal's ability to receive health care or pay bills for basic needs or obligations
;
or

(D)

Abuse the fiduciary duty under a power of attorney, conservator
ship
or guardian
ship
.

(xii)

"Protective services" means those emergency services

that are

provided

in
a coordinated effort facilitated
by the department

within communities
to assist vulnerable adults to prevent or terminate abuse, neglect, exploitation, intimidation or abandonment until the vulnerable adult no longer needs those services. These services may include social casework, case management,

home care

emergency
, short term in-home services such as homemaker, personal care or chore services
,
day care, social services,
health care,
psychiatric or health evaluations and other emergency services consistent with this act;

(xxi)

"Advanced age" means
a person who is
sixty
(
60
)
years
of

age or older
;

(xxii)

"Sexual abuse" means sexual contact including, but not limited to, unwanted touching, all types of sexual assault or battery as defined in W.S. 6
‑
2
‑
302 through 6
‑
2
‑
304, sexual exploitation and sexual photographing
;

(xxi)
(xxiii)

"This act" means W.S. 35
‑
20
‑
101 through 35
‑
20
‑
116.

35
‑
20
‑
105.

Protective services; no services without consent; responsibility for costs.

(a)

The department may furnish protective services in response to a request for assistance from the vulnerable adult, his caregiver, conservator, guardian, guardian ad litem or agent, or a family member.

The department shall not serve as a caregiver.

(c)

Costs incurred to furnish protective services, including but not limited to fees for the services of a guardian ad litem, guardian or conservator,
shall

may
be paid by the department unless:

(i)

The vulnerable adult is eligible for protective services from another governmental agency or any other source
, taking into consideration any personal assets or financial
resources
and services that can be provided under
Medicaid
or
any other available indigency program for which the vulnerable adult may qualify
; or

35
‑
20
‑
106.

Petition by department when caregiver refuses to allow services; injunction.

(c)

If the court finds the allegations of the petition to be true by a preponderance of the evidence, it may:

(ii)

Order the department to

assist in facilitating the coordination of community resources, including service providers, churches and individuals or agencies to
provide

the
protective services

to the extent

those
protective
services
are
available
.

35
‑
20
‑
107.

Emergency services.

(d)

The vulnerable adult may be placed by the court in a hospital or other suitable facility which is appropriate under the circumstances. The person
, hospital
or
agency

facility
in whose care the vulnerable adult is placed shall immediately notify the person responsible for the care and custody of the vulnerable adult, if known, of the placement.

Notification
shall not be required
if the alleged perpetrator is the person responsible for the care and custody of the vulnerable adult unless the court orders the
notification
.

Section 2.
This act is effective July 1, 2011.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1