South Carolina General Assembly
119th Session, 2011-2012

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A189, R235, H4516

STATUS INFORMATION

General Bill
Sponsors: Reps. Harrison and Weeks
Document Path: l:\council\bills\ms\7649ahb12.docx

Introduced in the House on January 10, 2012
Introduced in the Senate on April 25, 2012
Passed by the General Assembly on May 30, 2012
Governor's Action: June 7, 2012, Signed

Summary: Abuse on vulnerable adults

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/6/2011  House   Prefiled
   12/6/2011  House   Referred to Committee on Judiciary
   1/10/2012  House   Introduced and read first time (House Journal-page 68)
   1/10/2012  House   Referred to Committee on Judiciary 
                        (House Journal-page 68)
   4/18/2012  House   Member(s) request name added as sponsor: Weeks
   4/18/2012  House   Committee report: Favorable Judiciary 
                        (House Journal-page 5)
   4/24/2012  House   Read second time (House Journal-page 56)
   4/24/2012  House   Roll call Yeas-105  Nays-0 (House Journal-page 56)
   4/25/2012  House   Read third time and sent to Senate 
                        (House Journal-page 15)
   4/25/2012  Senate  Introduced and read first time (Senate Journal-page 7)
   4/25/2012  Senate  Referred to Committee on General (Senate Journal-page 7)
   5/24/2012  Senate  Polled out of committee General (Senate Journal-page 17)
   5/24/2012  Senate  Committee report: Favorable General 
                        (Senate Journal-page 17)
   5/29/2012  Senate  Read second time (Senate Journal-page 26)
   5/29/2012  Senate  Roll call Ayes-37  Nays-0 (Senate Journal-page 26)
   5/30/2012  Senate  Read third time and enrolled (Senate Journal-page 23)
    6/5/2012          Ratified R 235
    6/7/2012          Signed By Governor
   6/18/2012          Effective date 06/07/12
   6/18/2012          Act No. 189

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/6/2011
4/18/2012
5/24/2012


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A189, R235, H4516)

AN ACT TO AMEND SECTION 43-35-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INVESTIGATION OF ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS IN CERTAIN FACILITIES OPERATED BY THE STATE, SO AS TO PROVIDE THAT NONCRIMINAL REPORTS OF ABUSE, NEGLECT, AND EXPLOITATION OF PERSONS COMMITTED TO THE DEPARTMENT OF MENTAL HEALTH PURSUANT TO THE SEXUALLY VIOLENT PREDATOR ACT MUST BE REFERRED BY THE STATE LAW ENFORCEMENT DIVISION TO THE CLIENT ADVOCACY PROGRAM OF THE DEPARTMENT OF MENTAL HEALTH FOR INVESTIGATION.

Be it enacted by the General Assembly of the State of South Carolina:

Vulnerable adult exploitation investigations, transfer from SLED to Department of Mental Health

SECTION    1.    Section 43-35-15 of the 1976 Code, as last amended by Act 223 of 2010, is further amended to read:

"Section 43-35-15.    (A)    The Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division shall receive and coordinate the referral of all reports of alleged abuse, neglect, or exploitation of vulnerable adults in facilities operated or contracted for operation by the Department of Mental Health or the Department of Disabilities and Special Needs. The unit shall establish a toll free number, which must be operated twenty-four hours a day, seven days a week, to receive the reports. The unit shall investigate or refer to appropriate law enforcement those reports in which there is reasonable suspicion of criminal conduct. The unit also shall investigate vulnerable adult fatalities as provided for in Article 5, Chapter 35, Title 43. The unit shall refer those reports in which there is no reasonable suspicion of criminal conduct to the appropriate investigative entity for investigation. Upon conclusion of a criminal investigation of abuse, neglect, or exploitation of a vulnerable adult, the unit or other law enforcement shall refer the case to the appropriate prosecutor when further action is necessary. The South Carolina Law Enforcement Division may develop policies, procedures, and memorandum of agreement with other agencies to be used in fulfilling the requirements of this article. However, the South Carolina Law Enforcement Division must not delegate its responsibility to investigate criminal reports of alleged abuse, neglect, and exploitation to the agencies, facilities, or entities that operate or contract for the operation of the facilities. Nothing in this subsection precludes the Department of Mental Health, the Department of Disabilities and Special Needs, or their contractors from performing administrative responsibilities in compliance with applicable state and federal requirements.

(B)    Except as otherwise provided in subsection (D), the Long Term Care Ombudsman Program shall investigate or cause to be investigated noncriminal reports of alleged abuse, neglect, and exploitation of vulnerable adults occurring in facilities. The Long Term Care Ombudsman Program may develop policies, procedures, and memoranda of agreement to be used in reporting these incidents and in furthering its investigations. The Long Term Care Ombudsman Program must not delegate its responsibility to investigate noncriminal reports of alleged abuse, neglect, and exploitation to the facilities or to the entities that operate or contract for the operation of the facilities. Nothing in this subsection precludes the Department of Mental Health, the Department of Disabilities and Special Needs, or their contractors from performing administrative responsibilities in compliance with applicable state and federal requirements. The Long Term Care Ombudsman Program shall refer reports of abuse, neglect, and exploitation to the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division if there is reasonable suspicion of criminal conduct.

(C)    The Adult Protective Services Program in the Department of Social Services shall investigate or cause to be investigated noncriminal reports of alleged abuse, neglect, and exploitation of vulnerable adults occurring in all settings other than those facilities for which the Long Term Care Ombudsman Program is responsible for the investigation pursuant to this section. The Adult Protective Services Program may promulgate regulations and develop policies, procedures, and memoranda of agreement to be used in reporting these incidents, in furthering its investigations, and in providing protective services. The Adult Protective Services Program shall refer reports of abuse, neglect, and exploitation to the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division if there is reasonable suspicion of criminal conduct.

(D)    Notwithstanding another provision of law, the Vulnerable Adults Investigations Unit of the South Carolina Law Enforcement Division shall refer reports of abuse, neglect, and exploitation involving residents committed to the Department of Mental Health pursuant to Chapter 48, Title 44 in which there is no reasonable suspicion of criminal conduct to the Department of Mental Health Client Advocacy Program for investigation."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 5th day of June, 2012.

Approved the 7th day of June, 2012.

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