H. B. 4517
(By Delegate Brown)
[Introduced February 13, 2008; referred to the
Committee on Government Organization then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §9-6-17, relating to
the establishment of multidisciplinary investigative teams in
adult protective services.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §9-6-17, to read as
follows:
ARTICLE 6. SOCIAL SERVICES FOR ADULTS.
§9-6-17. Multidisciplinary investigative teams; establishment;
procedures; coordination between agencies;
confidentiality.
(a) The prosecuting attorney shall establish a
multidisciplinary investigative team in each county. The
multidisciplinary team shall be headed and directed by the
prosecuting attorney and shall include as permanent members the
prosecuting attorney or his or her designee, a local adult protective services caseworker from the Department of Health and
Human Resources and a local law-enforcement officer employed by a
law-enforcement agency in the county. The Department of Health and
Human Resources and any local law-enforcement agency or agencies
selected by the prosecuting attorney shall appoint their
representatives to the team by submitting a written designation of
the team to the prosecuting attorney of each county within thirty
days of the prosecutor's request that the appointment be made.
Within fifteen days of the appointment, the prosecuting attorney
shall notify the chief judge of each circuit within which the
county is situated of the names of the representatives appointed.
Any other person or any other appointee of an agency who may
contribute to the team's efforts to assist an incapacitated adult
or facility resident as may be determined by the permanent members
of the team may also be appointed as a member of the team by the
prosecutor with notification to the chief judge.
(b) Any permanent member of the multidisciplinary
investigative team shall refer all cases of accidental death of any
incapacitated adult or facility resident reported to their agency
for investigation and review by the team. The multidisciplinary
investigative team shall meet at regular intervals at least once
every calendar month.
(c) The investigative team is responsible for coordinating or
cooperating in the initial and ongoing investigation of all civil
and criminal allegations pertinent to cases involving abuse and
neglect of incapacitated adults or facility residents and shall make a recommendation to the county prosecuting attorney as to the
initiation or commencement of a civil petition or criminal
prosecution, or both.
(d) State, county and local agencies shall provide the
multidisciplinary investigative team with any information requested
in writing by the team as allowable by law or upon receipt of a
certified copy of the circuit court's order directing the agencies
to release information in its possession relating to an
incapacitated adult or facility resident. The team shall assure
that all information received and developed in connection with the
provisions of this article remains confidential. The provisions of
section eight, article six of this chapter apply to all information
received and developed by the team.
NOTE: The purpose of this bill is to establish
multidisciplinary investigative teams within each county of the
state, provide for cooperation and outline the responsibilities of
the investigative team in adult protective services.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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