North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S400 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	S 1
4		-	SENATE BILL 400
	3	+	S D
	4	+	SENATE BILL DRS45174-MG-47
	5	+
5	6
6	7
7	8		Short Title: Adult Protection Multidisciplinary Teams. (Public)
8	9		Sponsors: Senators Galey and Daniel (Primary Sponsors).
9		-	Referred to: ~~Rules and Operations of the Senate~~
10		-	~~March 25, 2025~~
11		-	~~S400 -v-1~~
	10	+	Referred to:
	11	+
	12	+	DRS45174 -MG-47
12	13		A BILL TO BE ENTITLED 1
13	14		AN ACT CONCERNING THE ESTABLISHMENT OF LOCAL ADULT PROTECTION 2
14	15		MULTIDISCIPLINARY TEAMS . 3
15	16		The General Assembly of North Carolina enacts: 4
16	17		SECTION 1. Chapter 108A of the General Statutes is amended by adding a new 5
17	18		Article to read: 6
18	19		"Article 6B. 7
19	20		"Local Adult Protection Multidisciplinary Teams. 8
20	21		"§ 108A-118. Declaration of public policy; purpose. 9
21	22		(a) The General Assembly finds that it is the public policy of this State to prevent the 10
22	23		abuse, neglect, and exploitation of disabled adults. The General Assembly further finds that 11
23	24		professionals from disparate disciplines have expertise that can promote the safety and 12
24	25		well-being of disabled adults and prevent re-victimization and that multidisciplinary reviews of 13
25	26		selected cases can lead to a greater understanding of the causes of the abuse, neglect, and 14
26	27		exploitation of disabled adults. It is, therefore, the intent of the General Assembly, through this 15
27	28		Article, to promote the establishment of local adult protection multidisciplinary teams. 16
28	29		(b) The purpose of this Article is to authorize local adult protection multidisciplinary case 17
29	30		review teams to share information pertaining to selected cases in which disabled adults are being 18
30	31		served by adult protective services and to coordinate multiagency solutions for adult victims of 19
31	32		abuse, neglect, and exploitation. 20
32	33		"§ 108A-118.1. Definitions. 21
33	34		The following definitions apply in this Article: 22
34	35		(1) Case Review Multidisciplinary Team. – An adult protection multidisciplinary 23
35	36		team that reviews selected active cases in which disabled adults are being 24
36	37		served by adult protective services through a local department of social 25
37	38		services. 26
38	39		(2) Director of social services. – As defined by G.S. 108A-74. 27
39	40		(3) Disabled adult. – An individual 18 years of age or older or a lawfully 28
40	41		emancipated minor who is present in the State of North Carolina and who is 29
41	42		physically or mentally incapacitated, as defined in G.S. 108A-101(d). 30
42	43		(4) Older adult. – An individual 65 years of age or older. 31
43	44		(5) Systemic Review Multidisciplinary Team. – An adult protection 32
44	45		multidisciplinary team that works together to do all of the following: 33
45	46		a. Address systemic problems and service gaps that may exist in the 34
46	47		delivery of services to disabled adults or older adults by public and 35
47		-	nonpublic agencies. 36 General Assembly Of North Carolina Session 2025
48		-	Page 2 Senate Bill 400-First Edition
	48	+	nonpublic agencies. 36
	49	+	FILED SENATE
	50	+	Mar 24, 2025
	51	+	S.B. 400
	52	+	PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	53	+	Page 2 DRS45174-MG-47
49	54		b. Develop information networks. 1
50	55		c. Provide coordinated community education and outreach designed to 2
51	56		protect against abuse, neglect, and exploitation of disabled adults or 3
52	57		older adults. 4
53	58		"§ 108A-118.2. Case Review Multidisciplinary Team; creation and composition. 5
54	59		(a) Creation. – Each county may establish its own Case Review Multidisciplinary Team 6
55	60		or participate in a multicounty Case Review Multidisciplinary Team, as determined in 7
56	61		accordance with subsection (b) of this section. 8
57	62		(b) Determination of Single County Versus Multicounty Case Review Multidisciplinary 9
58	63		Team. – Each county board of commissioners may evaluate and determine whether the county 10
59	64		will establish its own Case Review Multidisciplinary Team or become part of a multicounty team. 11
60	65		This determination shall be made in consultation with the director of the local department of 12
61	66		social services. A multicounty Case Review Multidisciplinary Team may be formed upon 13
62	67		agreement of the county boards of commissioners of each of the counties involved. The board of 14
63	68		commissioners of a county that is a member of a multicounty Case Review Multidisciplinary 15
64	69		Team may choose to withdraw from the multicounty Case Review Multidisciplinary Team upon 16
65	70		prior written notice to the boards of county commissioners of all other counties that are members 17
66	71		of the multicounty Case Review Multidisciplinary Team. 18
67	72		(c) Mandatory Members. – Each single county Case Review Multidisciplinary Team 19
68	73		shall consist of the following persons identified in subdivisions (1) through (11) of this 20
69	74		subsection, and each multicounty Case Review Multidisciplinary Team shall consist of the 21
70	75		following persons identified in subdivisions (1) through (11) of this subsection from each county 22
71	76		represented on that multicounty team: 23
72	77		(1) The director of social services. 24
73	78		(2) A staff member of the local department of social services, designated by the 25
74	79		director of social services. 26
75	80		(3) A local law enforcement officer, appointed by the board of county 27
76	81		commissioners. 28
77	82		(4) An attorney from the district attorney's office, appointed by the district 29
78	83		attorney. 30
79	84		(5) The public guardian appointed in the county by the clerk of superior court 31
80	85		under Article 11 of Chapter 35A of the General Statutes. 32
81	86		(6) A local mental health professional, appointed by the director of the area 33
82	87		authority established under Chapter 122C of the General Statutes. 34
83	88		(7) The long-term care ombudsman serving in the county, to be appointed by the 35
84	89		Office of the State Long-Term Care Ombudsman. 36
85	90		(8) The director of the local department of public health or a member of the 37
86	91		director's staff, as designated by the director. 38
87	92		(9) A local health care provider, appointed by the local board of health. 39
88	93		(10) A representative from the local area agency on aging, appointed by the 40
89	94		director of the area agency on aging serving the county. 41
90	95		(11) A victim advocate from a local domestic violence or sexual assault agency, 42
91	96		appointed by the agency's executive director. 43
92	97		(d) Members Appointed by the Chair. – The chair of the Case Review Multidisciplinary 44
93	98		Team may appoint a maximum of five additional members representing local agencies or the 45
94	99		community at large to serve on any Case Review Multidisciplinary Team, including, but not 46
95	100		limited to, representatives from financial institutions, local hospitals, and nonprofit 47
96	101		organizations. 48
97	102		(e) Vacancies. – Vacancies on a Case Review Multidisciplinary Team shall be filled by 49
98	103		the original appointing authority. 50 General Assembly Of North Carolina Session 2025
99		-	~~Senate Bill 400-First Edition~~ Page 3
	104	+	DRS45174-MG-47 Page 3
100	105		(f) Chair. – Each Case Review Multidisciplinary Team shall elect a member to serve as 1
101	106		chair at the pleasure of the Case Review Multidisciplinary Team. Within three months after being 2
102	107		elected as chair, the chair shall participate in the appropriate training developed under 3
103	108		G.S. 108A-118.5. 4
104	109		(g) Meetings. – Each Case Review Multidisciplinary Team shall meet at least four times 5
105	110		each year. The director of the local department of social services shall call the first meeting of 6
106	111		the Case Review Multidisciplinary Team. Thereafter, the chair of each Case Review 7
107	112		Multidisciplinary Team shall schedule the time and place of meetings, in consultation with the 8
108	113		director of the local department of social services, and shall prepare the agenda. The chair shall 9
109	114		schedule meetings no less often than once per quarter and often enough to allow adequate review 10
110	115		of the cases selected for review. The Case Review Multidisciplinary Team may conduct meetings 11
111	116		despite vacancies, absences, or failure to appoint a member. 12
112	117		"§ 108A-118.3. Case Review Multidisciplinary Team; powers and duties. 13
113	118		Each Case Review Multidisciplinary Team established pursuant to this Article has the 14
114	119		following powers and duties: 15
115	120		(1) To review, in accordance with the written operating procedures established by 16
116	121		the director of the local department of social services under G.S. 108A-118.4, 17
117	122		selected active cases in which disabled adults are being served by adult 18
118	123		protective services through the local department of social services. 19
119	124		(2) To submit annually to the board of county commissioners recommendations, 20
120	125		if any, for addressing systemic problems and service gaps that may exist in 21
121	126		the delivery of services to disabled adults by public and nonpublic agencies. 22
122	127		"§ 108A-118.4. Case Review Multidisciplinary Team; duties of the director of the local 23
123	128		department of social services. 24
124	129		(a) In addition to any other duties as a member of the Case Review Multidisciplinary 25
125	130		Team, and in connection with the reviews conducted under G.S. 108A-118.3(1), the director of 26
126	131		the local department of social services has the following powers and duties: 27
127	132		(1) To assure the development of written operating procedures in connection with 28
128	133		these reviews, including frequency of meetings, confidentiality policies, 29
129	134		training of members, and duties and responsibilities of members. 30
130	135		(2) To assure that the Case Review Multidisciplinary Team defines the categories 31
131	136		of cases that are subject to its review. 32
132	137		(3) To bring for review active cases selected by the director of the local 33
133	138		department of social services or requested by a member of the Case Review 34
134	139		Multidisciplinary Team in which a disabled adult is being served by adult 35
135	140		protective services. 36
136	141		(4) To provide staff support for these reviews. 37
137	142		(5) To maintain records, including minutes of all official meetings, lists of 38
138	143		participants for each meeting of the team, and signed confidentiality 39
139	144		statements required under G.S. 108A-118.7, in compliance with applicable 40
140	145		State laws and rules. 41
141	146		(6) To report annually to the local board of social services, or as otherwise 42
142	147		required by the board, on the activities of the Case Review Multidisciplinary 43
143	148		Team. 44
144	149		(b) For a multicounty Case Review Multidisciplinary Team, the director of each local 45
145	150		department of social services represented in the multicounty team has the powers and duties 46
146	151		enumerated in subsection (a) of this section. 47
147	152		"§ 108A-118.5. Case Review Multidisciplinary Team; DHHS responsibility for training 48
148	153		team members. 49 General Assembly Of North Carolina Session 2025
149		-	Page 4 ~~Senate Bill 400-First Edition~~
	154	+	Page 4 DRS45174-MG-47
150	155		The Department of Health and Human Services shall develop and make available for the 1
151	156		members of each Case Review Multidisciplinary Team, on an ongoing basis, training materials 2
152	157		that address all of the following: 3
153	158		(1) An overview of adult protective services law and policy. 4
154	159		(2) The role and function of a Case Review Multidisciplinary Team. 5
155	160		(3) Case Review Multidisciplinary Team confidentiality requirements. 6
156	161		(4) Case Review Multidisciplinary Team record-keeping requirements. 7
157	162		"§ 108A-118.6. Case Review Multidisciplinary Team; information sharing. 8
158	163		(a) Except as prohibited by federal law and notwithstanding any other State law to the 9
159	164		contrary, any member of a Case Review Multidisciplinary Team may disclose to other members 10
160	165		of the Case Review Multidisciplinary Team any information in the member's possession that is 11
161	166		relevant to any of the following: 12
162	167		(1) Performing reviews of selected active cases in which disabled adults are being 13
163	168		served by adult protective services through local departments of social 14
164	169		services. 15
165	170		(2) Providing, arranging, or coordinating services on behalf of disabled adults 16
166	171		whose cases have been or are currently under review by the Case Review 17
167	172		Multidisciplinary Team. 18
168	173		(b) The local director of social services shall not share any information that discloses the 19
169	174		identity of individuals who have reported suspected abuse, neglect, or exploitation of a disabled 20
170	175		adult to the local department of social services, except as allowed by State or federal law. 21
171	176		(c) Meetings of the Case Review Multidisciplinary Team are not subject to the provisions 22
172	177		of Article 33C of Chapter 143 of the General Statutes. 23
173	178		(d) The authority of a Case Review Multidisciplinary Team to disclose information 24
174	179		pursuant to this section terminates when a case is no longer an active case in which a disabled 25
175	180		adult is being served by adult protective services through a local department of social services, 26
176	181		including if the inactive status of the case is due to the disabled adult's failure to give consent to 27
177	182		receive protective services or due to the disabled adult's withdrawal of consent to receive 28
178	183		protective services. 29
179	184		"§ 108A-118.7. Case Review Multidisciplinary Team; confidentiality of records and 30
180	185		information; rules. 31
181	186		(a) All information and records acquired or generated by a Case Review 32
182	187		Multidisciplinary Team during its existence and in the exercise of its duties are confidential and 33
183	188		may be disclosed only as necessary to carry out the purposes of the Case Review 34
184	189		Multidisciplinary Team as described in this Article or as otherwise permitted by State or federal 35
185	190		law. This subsection does not preclude a court of competent jurisdiction from compelling the 36
186	191		disclosure of any information or records acquired or generated by a Case Review 37
187	192		Multidisciplinary Team if, in the court's opinion, disclosure is necessary to a proper 38
188	193		administration of justice and disclosure is not otherwise prohibited by State or federal law. 39
189	194		(b) Notwithstanding subsection (a) of this section, information generated in a meeting of 40
190	195		a Case Review Multidisciplinary Team may be disclosed as provided in this subsection in any of 41
191	196		the following circumstances: 42
192	197		(1) To a local board of county commissioners when the Case Review 43
193	198		Multidisciplinary Team makes its annual recommendations, if any, pursuant 44
194	199		to G.S. 108A-118.3(2); provided that such recommendations shall not identify 45
195	200		or reveal any confidential information about individual adult protective 46
196	201		services cases reviewed by the Case Review Multidisciplinary Team. 47
197	202		(2) To a local board of social services by the director of the local department of 48
198	203		social services when reporting on the activities of the Case Review 49
199	204		Multidisciplinary Team; provided that such reports shall not identify or reveal 50 General Assembly Of North Carolina Session 2025
200		-	~~Senate Bill 400-First Edition~~ Page 5
	205	+	DRS45174-MG-47 Page 5
201	206		any confidential information about individual adult protective services cases 1
202	207		reviewed by the Case Review Multidisciplinary Team. 2
203	208		(3) By a member of the Case Review Multidisciplinary Team to the member's 3
204	209		agency or organization as needed to provide or arrange services for a disabled 4
205	210		adult. 5
206	211		(c) Each member of a Case Review Multidisciplinary Team is required to sign a 6
207	212		statement indicating an understanding of and adherence to the confidentiality requirements of 7
208	213		this section, including the consequences of any breach of confidentiality. The chair shall submit 8
209	214		a recommendation, in writing, to the appropriate appointing authority for the removal of any 9
210	215		member who fails to (i) sign the statement required by this subsection or (ii) comply with the 10
211	216		confidentiality requirements of this section. 11
212	217		(d) The local department of social services shall make an entry in the disabled adult's 12
213	218		protective services record at the time it is selected for review by a Case Review Multidisciplinary 13
214	219		Team to indicate that it was selected for review. Additional entry into the record shall be at the 14
215	220		discretion of the director of the local department of social services. 15
216	221		(e) Nothing in this Article shall be construed to prohibit a Case Review Multidisciplinary 16
217	222		Team from sharing or accessing confidential information and records as permitted or required by 17
218	223		applicable State or federal law, including any law that permits the disclosure of confidential 18
219	224		information pursuant to the informed consent of a disabled adult or the authorized representative 19
220	225		of a disabled adult. 20
221	226		(f) The Social Services Commission may adopt rules consistent with this Article to 21
222	227		establish protocols for reviews conducted by Case Review Multidisciplinary Teams. 22
223	228		"§ 108A-118.8. Systemic Review Multidisciplinary Team allowed but not covered by this 23
224	229		Article. 24
225	230		Nothing in this Article shall be construed to prohibit a county from establishing both a Case 25
226	231		Review Multidisciplinary Team and a Systemic Review Multidisciplinary Team. However, this 26
227	232		Article applies only to a single or multicounty Case Review Multidisciplinary Team established 27
228	233		pursuant to this Article." 28
229	234		SECTION 2. This act becomes effective October 1, 2025. 29