ENGROSSED

Senate Bill No. 477

(By Senators Bowman and Bailey)

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[Introduced February 14, 2000; referred to the Committee on Government Organization; and then to the Committee on Finance.]

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A BILL to amend and reenact section eleven, article six, chapter nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring a personal interview with an alleged adult victim of abuse within fourteen days following the initial report.

Be it enacted by the Legislature of West Virginia:
That section eleven, article six, chapter nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 6. SOCIAL SERVICES FOR ADULTS.

§9-6-11. Reporting procedures.

(a) A report of neglect or abuse of an incapacitated adult or of an emergency situation involving an incapacitated adult shall be made immediately by telephone to the department's local adult protective services agency and shall be followed by a written report within forty-eight hours. The department shall receive such telephonic reports on its twenty-four hour, seven-day-a-week, toll-free number established to receive calls reporting cases of suspected or known adult abuse or neglect.
(b) The department shall, upon receiving any such the report, take such action respond as may be appropriate and shall maintain a record of the thereof response. As part of this response, within fourteen days, there shall be a face-to-face interview with the incapacitated adult and the development of a protection plan, if necessary, for the safety or health of the incapacitated adult, which may involve law-enforcement officers or the court. The department shall receive such telephonic reports on its twenty-four hour, seven-day-a-week, toll-free number established to receive calls reporting cases of suspected or known adult abuse or neglect.
(c) A copy of any report of abuse, neglect or emergency situation shall be made available immediately to the appropriate law-enforcement agency and the prosecuting attorney, or in case of a death, to the appropriate medical examiner or coroner's office: Provided, That the department shall omit from such the report in the first instance the name of the person making a report when requested by such the person. Reports of known or suspected institutional abuse or neglect of an incapacitated adult or the existence of an emergency situation in an institution shall be made, received and investigated in the same manner as other reports provided for in this article. In the case of a report regarding an institution, the department shall immediately cause an investigation of the institution to be conducted.