Establishes civil action for abuse, neglect, exploitation or bullying of minor or adult with disability; provides that bullying of vulnerable adult may constitute grounds for investigation by adult protective services and report to law enforcement.
Impact
This legislation significantly expands protections for individuals with disabilities by mandating that bullying or abuse against them be reported and potentially lead to investigations by adult protective services. Under the amended law, healthcare professionals and first responders are obligated to report suspected cases. This heightened vigilance is aimed at reducing abuse and exploitation of vulnerable populations, thereby promoting a safer environment for individuals with disabilities. Additionally, the bill redefines bullying to encompass various forms of verbal, physical, and electronic intimidating behaviors, which aligns with modern understandings of such issues.
Summary
Assembly Bill A2854 aims to establish a legal framework to protect minors and adults with disabilities against abuse, neglect, exploitation, and bullying. The bill introduces specific provisions that allow these individuals or their representatives to pursue civil action for injuries sustained due to such acts. Importantly, it sets legal timelines for filing these actions, where minors with disabilities can file within 37 years after reaching adulthood or within seven years of discovering the injury. For adults with disabilities, the timeframe is set within seven years of injury discovery, thus enhancing their capacity for legal recourse.
Contention
Despite its protective intent, there are potential points of contention regarding the implementation of this bill. Critics may express concerns about the logistical challenges of enforcing mandatory reporting by professionals and the administrative burden on protective services agencies. Moreover, there could be debates surrounding the adequacy of support systems for those who report abuse, including fears of retaliation. Additionally, the definition of bullying may raise questions about subjective interpretations, prompting discussions about the balance between protection and overreach in legal definitions of behavior.
Same As
Establishes civil action for abuse, neglect, exploitation or bullying of minor or adult with disability; provides that bullying of vulnerable adult may constitute grounds for investigation by adult protective services and report to law enforcement.
Establishes civil action for abuse, neglect, exploitation or bullying of minor or adult with disability; provides that bullying of vulnerable adult may constitute grounds for investigation by adult protective services and report to law enforcement.
Establishes civil action for abuse, neglect, exploitation or bullying of minor or adult with disability; provides that bullying of vulnerable adult may constitute grounds for investigation by adult protective services and report to law enforcement.
Establishes civil action for abuse, neglect, exploitation or bullying of minor or adult with disability; provides that bullying of vulnerable adult may constitute grounds for investigation by adult protective services and report to law enforcement.
Abuse of elderly and disabled adults; Protective Services for the Vulnerable Adults Act; definition; persons required to report; investigation and reporting; Oklahoma's Protection and Advocacy System; Nursing Home Care Act; liability; waivers; reports; effective date.
Establishes civil action for abuse, neglect, exploitation or bullying of minor or adult with disability; provides that bullying of vulnerable adult may constitute grounds for investigation by adult protective services and report to law enforcement.
Establishes civil action for abuse, neglect, exploitation or bullying of minor or adult with disability; provides that bullying of vulnerable adult may constitute grounds for investigation by adult protective services and report to law enforcement.