SB 1421 — Adult protective services; referrals to local law enforcement.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2023 SESSION CHAPTER E488 An Act to amend and reenact § 63.2-1605 of the Code of Virginia, relating to adult protective services;

R O [S 1421] Approved LMarch L24, 2023 Be it enacted by the General Assembly of Virginia:

E § 63.2-1605.

DA. locality, shall provide, pursuant to regulations and subject to supervision of the Commissioner for Aging and Rehabilitative Services, adult protective services for adults who are found to be abused, neglected, or exploited and who meet one of the following criteria:

(i)Each thelocal adultboard, isto 60the yearsextent ofthat agefederal or olderstate ormatching (ii)funds are made available to each locality, shall provide, pursuant to regulations and subject to supervision of the Commissioner for Aging and Rehabilitative Services, adult isprotective 18services yearsfor ofadults agewho are found to be abused, neglected, or olderexploited and iswho incapacitated.meet one of the following criteria:

The(i) requirementthe toadult provideis such60 servicesyears shallof age or older or (ii) not limit the right of any individual to refuse to accept any of the services so offered, except asass shall provided in § 63.2-1608.

Upon receipt of the report pursuant to § 63.2-1606, the local department shall determine Bhethe validity of such report and shall initiate an investigation within 24 hours of the time the rep4rtreport is followingreceived criteria:in the local department.

(i)Local thedepartments subjectshall ofconsider thevalid reportany is an adult as defined in this article, (ii) 1he report concernsmeeting aall specific adult and there is enough information to locate the adult, and (iii) the report describes the circumstances of the allegedfollowing abuse,criteria: neglect, or exploitation.

R(i) C.the subject of the report is an adult as defined in this article, (ii) the report concerns a specific adult and there is enough information to locate the adult, and (iii) the report describes the circumstances of the alleged abuse, neglect, or exploitation.

TheC. local department or the adult protective services hotline shall immediately refer the matter and all relevant documentation to the local law-enforcement agency where the adult resides or where the alleged abuse, neglect, or exploitation took place or, if these places are unknown, where the alleged abuse, neglect, or exploitation was discovered for investigation, upon receipt of an initial report pursuant to § 63.2-1606 involving any of the following or upon determining, during the course of an investigation pur1.

SexualThe abuselocal asdepartment definedor inthe adult protective services hotline shall immediately refer the matter and all relevant documentation to the local law-enforcement agency where the adult resides or where the alleged abuse, neglect, or exploitation took place or, if these places are unknown, where the alleged abuse, neglect, or exploitation was discovered for investigation, upon receipt of an initial report pursuant to § 18.2-67.10;y63.2-1606 involving any of the following or upon determining, during the course of an investigation pursuant to this article, the occurrence of any of the following:

1.

Sexual abuse as defined in § 18.2-67.10;

Local law-enforcement agencies shall provide local departments and the adult protective services hotD.hotline with a preferred point of contact for referrals.

D.

In any case of suspected adult abuse, neglect, or exploitation, local departments, with the informed consent of the adult or his legal representative, shall take or cause to be taken photographs, video recordings, or appropriate medical imaging of the adult and his environment as long as such measures are relevant to the investigation and do not conflict with § 18.2-386.1.

However, if the adult isresis determined to be incapable of making an informed decision and of giving informed consent and either has no legal representative or the legal representative is the suspected perpetrator of the adult abuse, neglect, or exploitation, consent may be given by an agent appointed under an advance medical directive or medical power of attorney, or by a person authorized, pursuant to § 54.1-2986.

incarceratedH. in state correctional facilities.allegations of abuse, neglect, or exploitation of adults I.

TheLocal reportdepartments and evidence received by the local department and any written findings, evaluations, of 2 records, and recommended actions shall benot confidentialinvestigate andallegations shall be exempt from disclosure requirements of theabuse, Virginianeglect, Freedom of Information Act (§ 2.2-3700 et seq.), except that such information may be disclosed to persons having a legitimate interest in the matter in accordance with §§ 63.2-102 and 63.2-104 and pursuant to official interagency agreements or memorandaexploitation of understandingadults betweenincarcerated in state agencies.correctional facilities.

I.

The report and evidence received by the local department and any written findings, evaluations, records, and recommended actions shall be confidential and shall be exempt from disclosure requirements of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.), except that such of 2 information may be disclosed to persons having a legitimate interest in the matter in accordance with §§ 63.2-102 and 63.2-104 and pursuant to official interagency agreements or memoranda of understanding between state agencies.