SB 452 — Elder Abuse Fatality Review Teams

Florida Senate - 2019 CS for SB 452 By Senatorthe GibsonCommittee 6-00126B-19on 2019452__Children, AFamilies, billand toElder beAffairs; entitled An act relating to elder protection;

amendingand s.Senator Gibson 586-02487-19 2019452c1 A bill to be entitled An act relating to elder abuse fatality review teams;

415.101, F.S.;

revising legislative intent;

amending s.

415.107, F.S.;

requiring that elder abuse fatality review teams be granted access to certain records;

allowingrequiring each review teamsteam accessto submit annually a summary report by a certain date to andthe useDepartment of certainElderly informationAffairs andcontaining records;specified information;

requiring each review team to submit an annual report by a certain date to the Department of Elderly Affairs containing specified information;

3733 Be It Enacted by the Legislature of the State of Florida:

3935 Section 1. Section 415.101,415.1103, Florida Statutes, is amendedcreated to read:

415.101 Adult Protective Services Act;

legislative intent.— (1) Sections 415.101-415.113 may be cited as the “Adult Protective Services Act.” (2) The Legislature recognizes that there are many persons in this state who, because of age or disability, are in need of protective services.

Such services should allow such an individual the same rights as other citizens and, at the same time, protect the individual from abuse, neglect, and exploitation.

It is the intent of the Legislature to provide for the detection and correction of abuse, neglect, and exploitation through social services and criminal investigations and to establish a program of protective services for all vulnerable adults in need of them.

It is intended that the mandatory reporting of such cases will cause the protective services of the state to be brought to bear in an effort to prevent further abuse, neglect, and exploitation of vulnerable adults.

In taking this action, the Legislature intends to place the fewest possible restrictions on personal liberty and the exercise of constitutional rights, consistent with due process and protection from abuse, neglect, and exploitation.

Further, the Legislature intends to encourage the constructive involvement of families in the care and protection of vulnerable adults or elderly persons.

The Legislature further intends that each protective investigator, as defined in s.

415.102, earn and maintain a valid certification as a protective investigator through a third-party credentialing entity approved under s.

402.40(3).

Section 2. Paragraph (m) is added to subsection (3) of section 415.107, Florida Statutes, to read:

415.107 Confidentiality of reports and records.— (3) Access to all records, excluding the name of the reporter which shall be released only as provided in subsection (6), shall be granted only to the following persons, officials, and agencies:

(m) An elder abuse fatality review team established under s.

415.1103(1) which is reviewing the death of an elderly person.

Section 3. Section 415.1103, Florida Statutes, is created to read:

At the initial meeting, members of the review team shall choose two members to serve as co-chairs.co-chairs and shall establish a schedule for future meetings.

(f) A review team shall determine the local operations of the team, including, but not limited to, the process for case selection,selection. which must be limited to closed cases in which an elderly person’s death is verified to have been caused by abuse or neglect, and the review team meeting schedule, which must include at least one meeting in each fiscal year.

Reviews must be limited to closed cases in which an elderly person’s death is verified by the state attorney to have been caused by abuse or neglect.

All identifying information concerning the person must be redacted in documents received for review.

The review team shall meet at least once each fiscal year.

(b) Consider the events leading up to a fatal incident, available community resources, current law and policies, and the actions taken by systems andor individuals related to the fatal incident.

(c) Identify potential gaps, deficiencies, or problems in the delivery of services to elderly persons by public and private agencies which may be related to deaths reviewed by the review team.

(e) Develop practicerecommendations standards and recommendpotential changes in law, rules, and policies to support the care of elderly persons and to prevent elder abuse deaths.

(4)(a) Upon(4)(a) Review ateams writtenin requestthis fromstate amay co-chairshare ofwith aneach elderother abuseany fatalityrelevant review team, the following information orthat recordspertains pertaining to anthe elderlyreview personof whosethe death isof beingan reviewedelderly byperson. the team must be disclosed to the team:

1. Information(b) A andreview recordsteam heldmember may not contact, interview, or obtain information by request directly from a criminalmember justiceof agency,the deceased elder’s family as definedpart of the review unless a team member is authorized to do so in s.the course of his or her employment duties.

119.011(4), not including active criminal intelligence information or criminal investigative information, as defined in s.

119.011(3).

2. Information and records from Adult Protective Services, pursuant to s.

415.107(3)(m).