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HB0026 • 2024

Emergency protective services-effective period.

AN ACT relating to adult protective services; extending the effective period of emergency protective services; and providing for an effective date.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Judiciary
Last action
2024-03-04
Official status
enrolled
Effective date
7/1/2024

Plain English Breakdown

The official source material does not provide details on whether only necessary services must be provided during the extended period.

Extending Emergency Protective Services for Vulnerable Adults

This law extends the period during which emergency protective services can be provided to vulnerable adults from up to three days to up to fourteen days.

What This Bill Does

  • Changes the maximum time an order for emergency protective services can last from seventy-two hours (excluding weekends and holidays) to fourteen days.
  • Allows the court to extend the period by thirty more days if needed to remove the emergency situation.

Who It Names or Affects

  • Vulnerable adults who need emergency protective services
  • Courts and departments responsible for providing these services

Terms To Know

Emergency Protective Services
Services provided to protect vulnerable adults from abuse, neglect, exploitation, intimidation, or abandonment.
Vulnerable Adult
An adult who is unable to care for themselves and may be at risk of harm due to their condition.

Limits and Unknowns

  • The law does not specify how the services will be funded.
  • It remains unclear what criteria courts must use when deciding whether to extend emergency protective services beyond fourteen days.

Bill History

  1. 2024-03-04 LSO

    Assigned Chapter Number 10

  2. 2024-03-04 Governor

    Governor Signed HEA No. 0007

  3. 2024-02-29 Senate

    S President Signed HEA No. 0007

  4. 2024-02-28 House

    H Speaker Signed HEA No. 0007

  5. 2024-02-28 LSO

    Assigned Number HEA No. 0007

  6. 2024-02-28 Senate

    S 3rd Reading:Passed 20-11-0-0-0

  7. 2024-02-27 Senate

    S 2nd Reading:Passed

  8. 2024-02-26 Senate

    S COW:Passed

  9. 2024-02-23 Senate

    S Placed on General File

  10. 2024-02-23 Senate

    S01 - Judiciary:Recommend Do Pass 5-0-0-0-0

  11. 2024-02-20 Senate

    S Introduced and Referred to S01 - Judiciary

  12. 2024-02-19 Senate

    S Received for Introduction

  13. 2024-02-16 House

    H 3rd Reading:Passed 44-17-1-0-0

  14. 2024-02-15 House

    H 2nd Reading:Passed

  15. 2024-02-14 House

    H COW:Passed

  16. 2024-02-14 House

    H Placed on General File

  17. 2024-02-14 House

    H01 - Judiciary:Recommend Do Pass 8-1-0-0-0

  18. 2024-02-12 House

    H Introduced and Referred to H01 - Judiciary 46-15-1-0-0

  19. 2024-01-24 House

    H Received for Introduction

  20. 2023-12-21 LSO

    Bill Number Assigned

Official Summary Text

Bill Summary - 24LSO-0021

Bill No.:

HB0026

Effective:

7/1/2024

LSO No.:

24LSO-0021

Enrolled Act No.:

HEA No. 0007

Chapter No.:

10

Prime Sponsor:

Joint Judiciary Interim Committee

Catch Title:

Emergency protective services-effective period.

Has Report:

No

Subject:

Extends the maximum effective period of an order for emergency protective services for vulnerable adults.

Summary/Major Elements:

Previously, an order for emergency protective services for a vulnerable adult remained in effect for a period not to exceed seventy-two (72) hours (excluding weekends and holidays). This bill extends the maximum effective period, specifying that an order shall remain in effect for a period not to exceed fourteen (14) days.

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

Read the full stored bill text
24LSO-0021

ORIGINAL House

Bill No
.
HB0026

ENROLLED ACT NO. 7,

HOUSE OF REPRESENTATIVES

SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING
2024 Budget Session

AN ACT relating to adult protective services; extending the effective period of emergency protective services; and providing for an effective date.

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

Section 1.

W.S. 35
‑
20
‑
107(c) is amended to read:

35
‑
20
‑
107.

Emergency services.

(c)

The allegations of the petition shall be proved by a preponderance of the evidence.

If the court finds that the vulnerable adult has been or is being abused, neglected, exploited, intimidated or abandoned, or is committing self neglect, that an emergency exists and that the vulnerable adult lacks the capacity to consent to the provision of services, the court may order the department to provide protective services on an emergency basis.

The court shall order only those services necessary to remove the conditions creating the emergency and shall specifically designate the authorized services.

The order for emergency protective services shall remain in effect for a period not to exceed
seventy
‑
two (72) hours, excluding weekends and holidays
fourteen (14) days
.

The order may be extended for up to an additional thirty (30) day period if the court finds that the extension is necessary to remove the emergency.

The vulnerable adult, his agent, his court appointed representative or the department, through the attorney general or the district attorney, may petition the court to set aside or modify the order at any time.

Section 2
.

This act is effective July 1, 2024
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1