General Assembly Raised Bill No. 365
January Session, 2011 LCO No. 225
*00225_______AGE*
Referred to Committee on Aging
Introduced by:
(AGE)
General Assembly
Raised Bill No. 365
January Session, 2011
LCO No. 225
*00225_______AGE*
Referred to Committee on Aging
Introduced by:
(AGE)
AN ACT CONCERNING INVESTIGATIONS BY PROTECTIVE SERVICES FOR THE ELDERLY.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (d) of section 17b-451 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(d) (1) Subject to subdivision (2) of this subsection, any [Any] person who makes any report pursuant to sections 17b-450 to 17b-461, inclusive, as amended by this act, or who testifies in any administrative or judicial proceeding arising from such report shall be immune from any civil or criminal liability on account of such report or testimony, except for liability for perjury. [, unless such person acted in bad faith or with malicious purpose.]
(2) A person who makes any report pursuant to sections 17b-450 to 17b-461, inclusive, as amended by this act, is guilty of making a fraudulent or malicious report or providing false testimony when such person (A) wilfully makes a fraudulent or malicious report to the commissioner pursuant to the provisions of this section, (B) conspires with another person to make or cause to be made such report, or (C) wilfully testifies falsely in any administrative or judicial proceeding arising from such report as to the abuse, neglect, exploitation or abandonment of, or need of protective services for, an elderly person. Making a fraudulent or malicious report or providing false testimony is a class D felony.
Sec. 2. Subsection (a) of section 17b-452 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
(a) (1) Subject to subdivision (2) of this subsection, the [The] commissioner, upon receiving a report that an elderly person allegedly is being, or has been, abused, neglected, exploited or abandoned, or is in need of protective services, shall investigate the report to determine the situation relative to the condition of the elderly person and what action and services, if any, are required. The investigation shall include [(1)] (A) a visit to the named elderly person, [(2)] (B) consultation with those individuals having knowledge of the facts of the particular case, and [(3)] (C) an interview with the elderly person alone unless the elderly person refuses to consent to such interview or the commissioner determines that such interview is not in the best interests of the elderly person. If the commissioner determines that a caretaker is interfering with the commissioner's ability to conduct an interview alone with the elderly person, the commissioner may bring an action in the Superior Court or Probate Court seeking an order enjoining such caretaker from interfering with the commissioner's ability to conduct an interview alone with the elderly person. In investigating a report under this subsection, the commissioner may subpoena witnesses, take testimony under oath and compel the production of any necessary and relevant documents necessary to investigate the allegations of abuse, neglect or abandonment. The commissioner may request the Attorney General to petition the Superior Court for such order as may be appropriate to enforce the provisions of this section. Upon completion of the investigation, written findings shall be prepared which shall include recommended action and a determination of whether protective services are needed. The person filing the report shall be notified of the findings, upon request.
(2) If the commissioner receives a subsequent report alleging abuse, neglect, exploitation or abandonment of or the need of protective services for, an elderly person who was the subject of an investigation under subdivision (1) of this subsection within six months preceding the making of the subsequent report and such investigation resulted in a determination that protective services were not needed, the commissioner shall not be required to investigate the subsequent report unless the person filing the subsequent report proves by a preponderance of the evidence that the elderly person (A) is being, or has been, abused, neglected, exploited or abandoned, or is in need of protective services, or (B) has experienced a change in caretaker, living conditions or health since such investigation.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2011 17b-451(d)
Sec. 2 October 1, 2011 17b-452(a)
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2011
17b-451(d)
Sec. 2
October 1, 2011
17b-452(a)
Statement of Purpose:
To make it a class D felony to report elder abuse fraudulently or maliciously and to require a person making a report of abuse of an elderly person previously investigated by the Department of Social Services to provide evidence as to the potential abuse.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]