HB 2860

Abstract

Amends the Adult Protective Services Act. Provides that any person may report information about the suspicious death of an eligible adult to an agency designated to receive such reports or to the Department on Aging. Provides that if a mandated reporter has reason to believe that the death of an eligible adult is the result of abuse or neglect, the matter shall be reported to the agency designated to receive such reports or to the Department for subsequent referral to the appropriate law enforcement agency and coroner or medical examiner. Prohibits employers from discriminating against any employee who makes a good faith oral or written report concerning information about the suspicious death of an eligible adult. Contains provisions concerning the required testimony of a mandated reporter at an administrative hearing concerning the suspicious death of an eligible adult; the referral of evidence to the appropriate law enforcement agency; access to records concerning reports of suspicious deaths due to abuse, neglect, or financial exploitation; and other matters. Makes changes to the definitions of "abuse", "abuser", and "mandated reporter". Defines "investment advisor". Effective January 1, 2024. House Committee Amendment No. 1 Further amends the Adult Protective Services Act. In a provision granting specified persons access to records related to reports of abuse or neglect or the suspicious deaths of persons protected under the Act, provides that a probate court with jurisdiction over the guardianship of an alleged victim shall have access to such records, upon request, for an in camera inspection (rather than a court or a guardian ad litem, upon its or his or her finding that access to such records may be necessary for the determination of an issue before the court). Removes language granting a guardian ad litem access to such records in cases regarding self-neglect and instead grants access to a guardian ad litem, unless such guardian ad litem is the abuser or alleged abuser.