S 197 Session 123 (2019-2020) S 0197 General Bill, By Shealy, Climer and Turner A BILL TO AMEND SECTION 43-21-10, SECTION 43-21-45, SECTION 43-21-60, 43-21-70, SECTION 43-21-100, SECTION 43-21-120, SECTION 43-21-150, SECTION 43-21-160, SECTION 1-11-720(A)(9), SECTION 1-30-10(A)(23), SECTION 9-1-10(11)(g), SECTION 9-1-10(14), SECTION 29-4-60(D), SECTION 43-35-10(5), SECTION 43-35-15(C), SECTION 43-35-55(D), (E) AND (F), SECTION 43-35-220(B)(1), SECTION 43-35-260, SECTION 43-35-530, SECTION 43-35-560(A)(1), SECTION 44-36-20(21), SECTION 44-36-50, AND SECTION 44-36-310 OF THE 1976 CODE AND SECTION 19 OF ACT 261 OF 2018, ALL RELATING TO THE DEPARTMENT ON AGING, THE DEPARTMENT OF SOCIAL SERVICES' ADULT PROTECTIVE SERVICES PROGRAM, THE OFFICE OF THE GOVERNOR'S DIVISION ON AGING, OR THE OFFICE OF THE LIEUTENANT GOVERNOR'S DIVISION ON AGING, TO ESTABLISH THE DEPARTMENT OF AGING AND VULNERABLE ADULT SERVICES, TO PROVIDE THAT THE DEPARTMENT SHALL ADMINISTER CERTAIN PROGRAMS, AND TO MAKE CONFORMING CHANGES.
TO AMEND SECTION 43-21-10, SECTION 43-21-45, SECTION 43-21-60, 43-21-70, SECTION 43-21-100, SECTION 43-21-120, SECTION 43-21-150, SECTION 43-21-160, SECTION 1-11-720(A)(9), SECTION 1-30-10(A)(23), SECTION 9-1-10(11)(g), SECTION 9-1-10(14), SECTION 29-4-60(D), SECTION 43-35-10(5), SECTION 43-35-15(C), SECTION 43-35-55(D), (E) AND (F), SECTION 43-35-220(B)(1), SECTION 43-35-260, SECTION 43-35-530, SECTION 43-35-560(A)(1), SECTION 44-36-20(21), SECTION 44-36-50, AND SECTION 44-36-310 OF THE 1976 CODE AND SECTION 19 OF ACT 261 OF 2018, ALL RELATING TO THE DEPARTMENT ON AGING, THE DEPARTMENT OF SOCIAL SERVICES' ADULT PROTECTIVE SERVICES PROGRAM, THE OFFICE OF THE GOVERNOR'S DIVISION ON AGING, OR THE OFFICE OF THE LIEUTENANT GOVERNOR'S DIVISION ON AGING, TO ESTABLISH THE DEPARTMENT OF AGING AND VULNERABLE ADULT SERVICES, TO PROVIDE THAT THE DEPARTMENT SHALL ADMINISTER CERTAIN PROGRAMS, AND TO MAKE CONFORMING CHANGES. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Section 43-21-10 of the 1976 Code is amended to read:
"Section 43-21-10. There is created the Department SECTION 2. Section 43-21-45 of the 1976 Code is amended to read:
"Section 43-21-45. The Department SECTION 3. Section 43-21-60 of the 1976 Code is amended to read:
"Section 43-21-60. The Department SECTION 4. Section 43-21-70 of the 1976 Code is amended to read:
"Section 43-21-70. The Governor shall appoint with the advice and consent of the Senate a director to be the administrative officer of the Department SECTION 5. Section 43-21-100 of the 1976 Code is amended to read:
"Section 43-21-100. The Department SECTION 6. Section 43-21-120 of the 1976 Code is amended to read:
"Section 43-21-120. (A) There is created the Coordinating Council to the Department (B) The council shall meet at least once each six months and special meetings may be called at the discretion of the chairman or upon request of a majority of the members.
(C) The chairman of the advisory commission and the director of the Department (D) The director of each agency or department making up the council shall serve as chairman of the council for a term of one year. The office of chairman is held in the order in which the membership of the council is listed in this section." SECTION 7. Section 43-21-150 of the 1976 Code is amended to read:
"Section 43-21-150. (A) The Department
(B) This program must be made a part of the Preretirement Education Program of the South Carolina Retirement Systems." SECTION 8. Section 43-21-160 of the 1976 Code is amended to read:
"Section 43-21-160. (A) There is created the Eldercare Trust Fund of South Carolina to be administered by the South Carolina Department (B) All monies received from the voluntary contribution system established in Section 12-7-2419 or any other contribution, gift, or bequest must be placed on deposit with the State Treasurer in an interest-bearing account. (C) These funds must be used to award grants to public and private nonprofit agencies and organizations to establish and administer innovative programs and services that assist older persons to remain in their homes and communities with maximum independence and dignity. (D) The Eldercare Trust Fund shall supplement and augment programs and services provided by or through state agencies but may not take the place of these programs and services.
(E) The South Carolina Department SECTION 9. Section 1-11-720(A)(9) of the 1976 Code is amended to read:
"(9) local councils on aging or other governmental agencies providing aging services funded by the Department SECTION 10. Section 1-30-10(A)(23) of the 1976 Code is amended to read:
"23. Department SECTION 11. Section 9-1-10(11)(g) of the 1976 Code is amended to read:
"(g) an employee of a local council on aging or other governmental agency providing aging services funded by the Department SECTION 12. Section 9-1-10(14) of the 1976 Code is amended to read:
"(14) 'Employer' means this State, a county board of education, a district board of trustees, the board of trustees or other managing board of a state-supported college or educational institution, or any other agency of this State by which a teacher or employee is paid; the term 'employer' also includes a county, municipality, or other political subdivision of the State, or an agency or department of any of these, which has been admitted to the system under the provisions of Section 9-1-470, a service organization referred to in item (11)(e) of this section, an alcohol and drug abuse planning agency authorized to receive funds pursuant to Section 61-12-20, and a local council on aging or other governmental agency providing aging services funded by the Department SECTION 13. Section 29-4-60(D) of the 1976 Code is amended to read:
"(D) The Department SECTION 14. Section 43-35-10(5) of the 1976 Code is amended to read:
"(5) 'Investigative entity' means the Long Term Care Ombudsman Program, the Adult Protective Services Program in the Department of SECTION 15. Section 43-35-15(C) of the 1976 Code is amended to read:
"(C) The Adult Protective Services Program in the Department of SECTION 16. Section 43-35-55(D), (E) and (F) of the 1976 Code is amended to read:
"(D) When a law enforcement officer takes protective custody of a vulnerable adult under this section, the law enforcement officer must immediately notify the Adult Protective Services Program and the Department of (1) the name of the vulnerable adult, if known, or a physical description of the adult, if the name is unknown; (2) the address of the place from which the vulnerable adult was removed by the officer; (3) the name and the address, if known, of any person who was exercising temporary or permanent custody of or control over or who was the caregiver of the vulnerable adult at the time the adult was taken into protective custody; (4) the address of the place to which the vulnerable adult was transported by the officer; (5) a description of the facts and circumstances resulting in the officer taking the vulnerable adult into protective custody.
(E) The Department of
(F) The family court shall hold a hearing to determine whether there is probable cause for the protective custody within seventy-two hours of the Department of SECTION 17. Section 43-35-220(B)(1) of the 1976 Code is amended to read:
"(1) obtaining and reviewing relevant documents including, but not limited to, the vulnerable adult's medical records; records from the place of residence if the vulnerable adult is living in a facility or other institution; records related to assets and debts of the vulnerable adult in cases of alleged exploitation; and records from the Department of SECTION 18. Section 43-35-260 of the 1976 Code is amended to read:
"Section 43-35-260. The Department of SECTION 19. Section 43-35-530 of the 1976 Code is amended to read: "Section 43-35-530. Upon receipt of a report of a vulnerable adult death, as required by Section 17-5-555 or Section 43-35-35, the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division shall: (1) investigate and gather all information on the vulnerable adult fatality pursuant to Section 43-35-520. The coroner or medical examiner immediately must request an autopsy if the unit determines that an autopsy is necessary. The autopsy must be performed by a pathologist with forensic training as soon as possible. The forensic pathologist must inform the unit of the findings within forty-eight hours of completion of the autopsy. If the autopsy reveals the cause of death to be pathological or an unavoidable accident, the case must be closed by the unit. If the autopsy reveals physical or sexual trauma, suspicious markings, or other findings that are questionable or yields no conclusion to the cause of death, the unit immediately must begin an investigation; (2) request assistance of any other local, county, or state agency to aid in the investigation; (3) upon receipt of additional investigative information, reopen a case for another coroner's inquest;
(4) upon receipt of the notification required by item (1), review agency records for information regarding the deceased vulnerable adult or family. Information available to the department pursuant to Section 43-35-570 and information that is public under Chapter 4, Title 30, the Freedom of Information Act, must be available as needed to the county coroner or medical examiner, the Long Term Care Ombudsman Program, the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division, and the Adult Protective Services Program of the Department of (5) report the activities and findings related to vulnerable adult deaths to the Vulnerable Adults Fatalities Review Committee; and (6) develop a protocol for vulnerable adult death investigations." SECTION 20. Section 43-35-560(A)(1) of the 1976 Code is amended to read:
"(1) the Director of the South Carolina Department of SECTION 21. Section 44-36-20(21) of the 1976 Code is amended to read:
"(21) Alzheimer's Disease and Related Disorders Resource Coordination Center SECTION 22. Section 44-36-50 of the 1976 Code is amended to read:
"Section 44-36-50. The registry shall submit an annual report to the SECTION 23. Section 44-36-310 of the 1976 Code is amended to read:
"Section 44-36-310. In the Department of Aging and Vulnerable Adult Services, there SECTION 24. SECTION 19 of Act 261 of 2018 is amended to read:
"SECTION 19. On or before January 1, 2019, the Joint Legislative Committee on Aging shall prepare and deliver a report to the President of the Senate and the Speaker of the House of Representatives recommending any additional changes to the Department SECTION 25. The Code Commissioner is directed to change or correct all references to the "Department of Social Services" with regard to its Adult Protective Services Program; "the Office of the Governor, Division on Aging"; and the "Office of the Lieutenant Governor, Division on Aging" or the like in the 1976 Code or other provisions of law that are not otherwise contained in this act to "the Department of Aging and Vulnerable Adult Services," in order to reflect that these programs' authority is devolved upon the Department of Aging and Vulnerable Adult Services. References to the Department of Social Services with regard to its Adult Protective Services Program; the Office of the Governor, Division on Aging; and the Office of the Lieutenant Governor, Division on Aging are considered to be and must be construed to mean the Department of Aging and Vulnerable Adult Services. SECTION 26. This act takes effect upon approval by the Governor.
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