Delaware 2023-2024 Regular Session

Delaware House Bill HB393

Introduced
5/14/24  
Introduced
5/14/24  
Engrossed
6/11/24  
Refer
5/14/24  
Engrossed
6/11/24  
Enrolled
6/27/24  
Refer
6/11/24  
Enrolled
6/27/24  

Caption

An Act To Amend Title 31 Of The Delaware Code Relating To Adult Protective Services.

Impact

This bill is poised to significantly impact the operations of the Adult Protective Services framework within Delaware. By instituting mandatory response timelines for investigations into allegations against vulnerable adults, the bill is set to enhance the responsiveness and efficiency of protective services. Additionally, it emphasizes the ongoing training requirements for staff involved in APS, which is likely to improve service quality and effectiveness. However, some elements of the bill, such as the removal of the advisory council, might raise concerns about oversight and representation of vulnerable populations.

Summary

House Bill 393 seeks to amend Title 31 of the Delaware Code concerning Adult Protective Services (APS). The changes aim to modernize and improve the provision of protective services for adults who are impaired or incapacitated. The legislation is the result of recommendations from the Joint Legislative Oversight and Sunset Committee (JLOSC) and includes establishing specific timelines for when the Department of Health and Social Services must begin investigations into reports of abuse, neglect, or exploitation. The bill emphasizes the need to protect vulnerable adults while ensuring that their civil rights are respected as much as possible.

Sentiment

The sentiment around HB 393 appears to be generally positive, particularly among those concerned with enhancing protections for vulnerable adults. Advocates for adult protective services suggest that the bill reinforces commitment to improving the welfare of impaired individuals while advocating for their rights. Nevertheless, there are voices of caution expressing concerns over potential gaps in oversight after the advisory council's dissolution, highlighting the importance of ensuring that the voices of adults with disabilities and their advocates remain heard in legislative processes.

Contention

Notable points of contention include the proposal to absorb the Adult Protective Services Advisory Council into the wider Council on Services for Aging and Adults with Physical Disabilities. This shift raises concerns regarding the potential dilution of focused advocacy and oversight specifically for adult protective services. Additionally, while the bill seeks to modernize the existing framework, some stakeholders argue that greater clarity is needed regarding the enforcement of the new timelines and the adequacy of training programs for staff, ensuring they are equipped to handle sensitive investigations effectively.

Companion Bills

No companion bills found.

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