02-20 10:54 H.B. 534
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Adult Protective Services Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Anthony E. Loubet
Senate Sponsor:
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LONG TITLE
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General Description:
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This bill amends provisions regarding Adult Protective Services.
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Highlighted Provisions:
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This bill:
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▸ amends definitions and defines terms;
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▸ allows Adult Protective Services to make a substantiated finding of abuse, neglect, or
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exploitation of a vulnerable adult if the alleged perpetrator refuses to provide certain
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documents;
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▸ amends provisions regarding the procedure by which an alleged perpetrator challenges a
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supported finding of abuse, neglect, or exploitation of a vulnerable adult, and limitations
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on those challenges; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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26B-6-201, as last amended by Laws of Utah 2024, Chapter 364
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26B-6-203, as last amended by Laws of Utah 2023, Chapter 318 and renumbered and
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amended by Laws of Utah 2023, Chapter 308
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26B-6-211, as renumbered and amended by Laws of Utah 2023, Chapter 308
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 26B-6-201 is amended to read:
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26B-6-201 . Definitions.
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As used in this part:
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(1) "Abandonment" means [any] a knowing or intentional action or [failure to act] inaction,
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including desertion, by a person acting as a caretaker for a vulnerable adult that leaves
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the vulnerable adult without the means or ability to obtain necessary food, clothing,
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shelter, or medical or other health care.
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(2) "Abuse" means:
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(a) knowingly[ or] , intentionally, or recklessly:
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(i) attempting to cause harm;
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(ii) causing harm;[ or]
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(iii) placing another in fear of imminent harm;
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(iv) causing physical injury by acts or omissions; or
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(v) engaging in a pattern of neglect;
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(b) unreasonable or inappropriate use of physical restraint, medication, or isolation that,
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unless the physical restraint, medication, or isolation furthers the health and safety of
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the vulnerable adult:
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(i) causes or is likely to cause harm to a vulnerable adult;
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(ii) conflicts with a physician's orders; or
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(iii) is used as an unauthorized substitute for treatment;
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(c) emotional or psychological abuse;
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(d) a sexual offense as described in Title 76, Chapter 5, Offenses Against the Individual;
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or
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(e) deprivation of life sustaining treatment, or medical or mental health treatment, except:
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(i) as provided in Title 75A, Chapter 3, Health Care Decisions; or
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(ii) when informed consent[, as defined in Section 76-5-111,] has been obtained.
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(3) "Adult" means an individual who is 18 years old or older.
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(4) "Adult protection case file" means a record, stored in any format, contained in a case
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file maintained by Adult Protective Services.
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(5) "Adult Protective Services" means the unit within the division responsible to investigate
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abuse, neglect, and exploitation of vulnerable adults and provide appropriate protective
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services.
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(6) "Capacity" means that an individual has sufficient understanding and memory to
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comprehend the individual's situation and the nature, purpose, and consequence of an act
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or transaction into which the individual enters or proposes to enter.
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[(6)] (7) "Capacity to consent" means the ability of an individual to understand and
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communicate regarding the nature and consequences of decisions relating to the
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individual, and relating to the individual's property and lifestyle, including a decision to
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accept or refuse services.
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[(7)] (8) "Caretaker" means a person or public institution that is entrusted with or assumes
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the responsibility to provide a vulnerable adult with care, food, shelter, clothing,
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supervision, medical or other health care, resource management, or other necessities for
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pecuniary gain, by contract, or as a result of friendship, or who is otherwise in a position
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of trust and confidence with a vulnerable adult, including a relative, a household
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member, an attorney-in-fact, a neighbor, a person who is employed or who provides
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volunteer work, a court-appointed or voluntary guardian, or a person who contracts or is
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under court order to provide care.
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[(8)] (9) "Counsel" means an attorney licensed to practice law in this state.
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[(9)] (10) "Database" means the statewide database maintained by the division under
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Section 26B-6-210.
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(11) "Decision-making ability" means an individual's capacity to receive, process, and
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understand information, to comprehend the individual's circumstances, and to
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understand the likely consequences of the individual's decisions.
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[(10)] (12)(a) "Dependent adult" means an individual 18 years old or older, who has a
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physical or mental impairment that restricts the individual's ability to carry out
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normal activities or to protect the individual's rights.
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(b) "Dependent adult" includes an individual who has physical or developmental
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disabilities or whose physical or mental capacity has substantially diminished
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because of age.
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[(11)] (13) "Elder abuse" means abuse, neglect, or exploitation of an elder adult.
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[(12)] (14) "Elder adult" means an individual 65 years old or older.
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[(13)] (15) "Emergency" means a circumstance in which a vulnerable adult is at an
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immediate risk of death, serious physical injury, or serious physical, emotional, or
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financial harm.
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[(14)] (16) "Emergency protective services" means measures taken by Adult Protective
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Services under time-limited, court-ordered authority for the purpose of remediating an
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emergency.
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[(15)] (17)(a) "Emotional or psychological abuse" means knowing or intentional verbal
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or nonverbal conduct directed at a vulnerable adult that [results in the vulnerable
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adult suffering] would cause a reasonable individual to suffer mental anguish,
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emotional distress, fear, humiliation, degradation, agitation, or confusion.
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(b) "Emotional or psychological abuse" includes intimidating, threatening, isolating,
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coercing, or harassing.
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(c) "Emotional or psychological abuse" does not include verbal or non-verbal conduct
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by a vulnerable adult who lacks the capacity to intentionally or knowingly:
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(i) engage in the conduct; or
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(ii) cause mental anguish, emotional distress, fear, humiliation, degradation,
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agitation, or confusion.
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(18) "Endangerment" means an offense described in Section 76-5-112 or 76-5-112.5.
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[(16)] (19) "Exploitation" means an offense described in Section 76-5-111.3, 76-5-111.4, or
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76-5b-202.
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[(17)] (20) "Harm" means pain, mental anguish, emotional distress, hurt, physical or
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psychological damage, physical injury, serious physical injury, suffering, or distress
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inflicted knowingly or, intentionally.
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[(18)] (21) "Inconclusive" means a finding by the division that there is not a reasonable
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basis to conclude that abuse, neglect, or exploitation occurred.
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(22) "Informed consent" means:
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(a) a written expression by the individual, or authorized by the individual, that:
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(i) is given while the individual is of sound mind;
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(ii) is witnessed by at least two individuals who do not benefit from the withdrawal of
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services; and
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(iii) states that:
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(A) the individual fully understands the potential risks and benefits of the
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withdrawal of food, water, medication, medical services, shelter, cooling,
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heating, or other services necessary to maintain minimum physical or mental
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health; and
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(B) the individual desires that the services be withdrawn; or
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(b) consent to withdraw food, water, medication, medical services, shelter, cooling,
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heating, or other services necessary to maintain minimum physical or mental health,
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as permitted by court order.
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[(19)] (23) "Intimidation" means communication through verbal or nonverbal conduct which
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threatens deprivation of money, food, clothing, medicine, shelter, social interaction,
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supervision, health care, or companionship, or which threatens isolation or abuse.
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[(20)] (24)(a) "Isolation" means knowingly or intentionally preventing a vulnerable adult
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from having contact with another person, unless the restriction of personal rights is
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authorized by court order, by:
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(i) preventing the vulnerable adult from communicating, visiting, interacting, or
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initiating interaction with others, including receiving or inviting visitors, mail, or
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telephone calls, contrary to the expressed wishes of the vulnerable adult, or
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communicating to a visitor that the vulnerable adult is not present or does not
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want to meet with or talk to the visitor, knowing that communication to be false;
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(ii) physically restraining the vulnerable adult in order to prevent the vulnerable adult
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from meeting with a visitor; or
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(iii) making false or misleading statements to the vulnerable adult in order to induce
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the vulnerable adult to refuse to receive communication from visitors or other
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family members.
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(b) "Isolation" does not include an act:
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(i) intended in good faith to protect the physical or mental welfare of the vulnerable
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adult; or
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(ii) performed pursuant to the treatment plan or instructions of a physician or other
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professional advisor of the vulnerable adult.
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[(21)] (25) "Lacks capacity to consent" is as defined in Section 76-5-111.4.
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[(22)] (26)[(a)] "Neglect" means:
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[(i)] (a)[(A)] (i) failure of a caretaker to provide [necessary care, including ]nutrition,
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clothing, shelter, supervision, personal care, or dental[, medical,] or other health
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care[ for a vulnerable adult, unless the vulnerable adult is able to provide or obtain
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the necessary care without assistance]; or
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[(B)] (ii) failure of a caretaker to provide protection from health and safety hazards or
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maltreatment;
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[(ii)] (b) failure of a caretaker to provide care to a vulnerable adult in a timely manner
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and with the degree of care that a reasonable person in a like position would exercise;
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[(iii)] (c) a pattern of conduct by a caretaker, without the vulnerable adult's informed
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consent, resulting in deprivation of food, water, medication, health care, shelter,
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cooling, heating, or other services necessary to maintain the vulnerable adult's well
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being;
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[(iv)] (d) [knowing or ]intentional failure by a caretaker to carry out a prescribed
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treatment plan that [causes or is likely to cause] results or could result in physical
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injury or physical harm to the vulnerable adult; or
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[(v) self-neglect by the vulnerable adult; or]
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[(vi)] (e) abandonment by a caretaker.
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[(b) "Neglect" does not include conduct, or failure to take action, that is permitted or
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excused under Title 75A, Chapter 3, Health Care Decisions.]
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[(23)] (27) "Physical injury" includes the damage and conditions described in Section
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76-5-111.
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(28) "Position of trust and confidence" means the position of a person who:
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(a) is a parent, spouse, adult child, or other relative of a vulnerable adult;
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(b) is a joint tenant or tenant in common with a vulnerable adult;
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(c) has a legal or fiduciary relationship with a vulnerable adult, including a
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court-appointed or voluntary guardian, trustee, attorney, attorney-in-fact, or
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conservator;
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(d) is a caretaker of a vulnerable adult; or
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(e) is a person whom a vulnerable adult has come to trust.
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[(24)] (29) "Protected person" means a vulnerable adult for whom the court has ordered
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protective services.
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[(25)] (30) "Protective services" means services to protect a vulnerable adult from abuse,
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neglect, or exploitation.
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[(26)] (31) "Self-neglect" means the failure of a vulnerable adult to provide or obtain food,
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water, medication, health care, shelter, cooling, heating, safety, or other services
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necessary to maintain the vulnerable adult's well being when that failure is the result of
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the adult's mental or physical impairment. Choice of lifestyle or living arrangements
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may not, by themselves, be evidence of self-neglect.
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[(27)] (32) "Serious physical injury" is as defined in Section 76-5-111.
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[(28)] (33) "Supported" means a finding by the division that there is a reasonable basis to
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conclude that abuse, neglect, or exploitation occurred.
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[(29)] (34) "Undue influence" occurs when a person:
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(a) uses influence to take advantage of a vulnerable adult's mental or physical
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impairment; or
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(b) uses the person's role, relationship, [or ]power, or trust:
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(i) to exploit, or knowingly assist or cause another to exploit, the trust, dependency,
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or fear of a vulnerable adult; or
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(ii) to gain control deceptively over the decision making of the vulnerable adult.
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[(30)] (35) "Vulnerable adult" means an elder adult, or a dependent adult who has a mental
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or physical impairment which substantially affects that person's ability to:
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(a) provide personal protection;
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(b) provide necessities such as food, shelter, clothing, or [mental] medical or other health
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care;
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(c) obtain services necessary for health, safety, or welfare;
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(d) carry out the activities of daily living;
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(e) manage the adult's own [financial ]resources; or
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(f) comprehend the nature and consequences of remaining in a situation of abuse,
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neglect, or exploitation.
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[(31)] (36) "Without merit" means a finding that abuse, neglect, or exploitation did not
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occur.
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Section 2. Section 26B-6-203 is amended to read:
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26B-6-203 . Powers and duties of Adult Protective Services.
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In addition to all other powers and duties that Adult Protective Services is given under
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this part, Adult Protective Services:
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(1) shall maintain an intake system for receiving and screening reports;
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(2) shall investigate referrals that meet the intake criteria;
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(3) shall conduct assessments of vulnerability and functional capacity as it relates to an
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allegation of abuse, neglect, or exploitation of an adult who is the subject of a report;
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(4) shall perform assessments based on protective needs and risks for a vulnerable adult
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who is the subject of a report;
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(5) may address any protective needs by making recommendations to and coordinating with
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the vulnerable adult or by making referrals to community resources;
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(6) may provide short-term, limited services to a vulnerable adult when family or
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community resources are not available to provide for the protective needs of the
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vulnerable adult;
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(7) shall have access to facilities licensed by, or contracted with, the department for the
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purpose of conducting investigations;
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(8) shall be given access to, or provided with, written statements, documents, exhibits, and
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other items related to an investigation, including private, controlled, or protected
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medical or financial records of a vulnerable adult who is the subject of an investigation
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if:
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(a) for a vulnerable adult who has the capacity to consent, the vulnerable adult signs a
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release of information; or
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(b) an administrative subpoena is issued by Adult Protective Services:
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(i) for a vulnerable adult who has limited capacity to consent;
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(ii) for a vulnerable adult whose legal guardian refuses to consent;
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(iii) to a custodian of records or other items for a vulnerable adult, if the custodian
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refuses to allow access to the records or items without a subpoena; or
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(iv) when the records or other items sought are reasonably necessary for Adult
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Protective Services to:
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(A) investigate the alleged abuse, neglect, or exploitation of a vulnerable adult; or
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(B) protect the vulnerable adult who may be the victim of abuse, neglect, or
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exploitation;
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(9) may initiate proceedings in a court of competent jurisdiction to seek relief necessary to
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carry out the provisions of this chapter;
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(10) may make a supported finding of abuse, neglect, or exploitation of a vulnerable adult
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against an alleged perpetrator if documents subpoenaed or requested by Adult Protective
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Services are not provided by the alleged perpetrator;
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[(10)] (11) shall, subject to Section 26B-6-217, provide emergency protective services;
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[(11)] (12) may require all persons, including family members of a vulnerable adult and any
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caretaker, to cooperate with Adult Protective Services in carrying out its duties under
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this chapter, including the provision of statements, documents, exhibits, and other items
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that assist Adult Protective Services in conducting investigations and providing
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protective services;
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[(12)] (13) may require all officials, agencies, departments, and political subdivisions of the
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state to assist and cooperate within their jurisdictional power with the court, the division,
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and Adult Protective Services in furthering the purposes of this chapter;
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[(13)] (14) may conduct studies and compile data regarding abuse, neglect, and exploitation;
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and
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[(14)] (15) may issue reports and recommendations.
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Section 3. Section 26B-6-211 is amended to read:
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26B-6-211 . Notice of supported finding -- Procedure for challenging finding --
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Limitations.
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(1)(a) Except as provided in Subsection (1)(b), within 15 days after the day on which the
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division makes a supported finding that a person committed abuse, neglect, or
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exploitation of a vulnerable adult, the division shall serve the person with a notice of
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agency action, in accordance with Subsections (2) and (3).
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(b) The division may serve the notice described in Subsection (1)(a) within a reasonable
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time after the 15 day period described in Subsection (1)(a) if:
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(i) the delay is necessary in order to:
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(A) avoid impeding an ongoing criminal investigation or proceeding; or
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(B) protect the safety of a person; and
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(ii) the notice is provided before the supported finding is used as a basis to deny the
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person a license or otherwise adversely impact the person.
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(2) The division shall cause the notice described in Subsection (1)(a) to be served by
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personal service or certified mail.
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(3) The notice described in Subsection (1)(a) shall:
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(a) indicate that the division has conducted an investigation regarding alleged abuse,
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neglect, or exploitation of a vulnerable adult by the alleged perpetrator;
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(b) indicate that, as a result of the investigation described in Subsection (3)(a), the
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division made a supported finding that the alleged perpetrator committed abuse,
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neglect, or exploitation of a vulnerable adult;
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(c) include a summary of the facts that are the basis for the supported finding;
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(d) indicate that the supported finding may result in disqualifying the person from:
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(i) being licensed, certified, approved, or employed by a government agency;
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(ii) being employed by a service provider, person, or other entity that contracts with,
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or is licensed by, a government agency; or
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(iii) qualifying as a volunteer for an entity described in Subsection (3)(d)(i) or (ii);
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(e) indicate that, as a result of the supported finding, the alleged perpetrator's identifying
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information is listed in the database;
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(f) indicate that the alleged perpetrator may request a copy of the report of the alleged
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abuse, neglect, or exploitation; and
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(g) inform the alleged perpetrator of:
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(i) the right described in Subsection (4)(a); and
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(ii) the consequences of failing to exercise the right described in Subsection (4)(a) in
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a timely manner.
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(4)(a) The alleged perpetrator has the right, within 30 days after the day on which the
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notice described in Subsection (1)(a) is served, to challenge the supported finding by
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filing a request for an informal adjudicative proceeding, under Title 63G, Chapter 4,
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Administrative Procedures Act.
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(b) If the alleged perpetrator fails to file a request for an informal adjudicative
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proceeding within the time described in Subsection (4)(a), the supported finding will
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become final and will not be subject to challenge or appeal.
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(5) At the hearing described in Subsection (4)(a), the division has the burden of proving, by
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a preponderance of the evidence, that the alleged perpetrator committed abuse, neglect,
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or exploitation of a vulnerable adult.
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(6) At the hearing, if the division provides evidence sufficient to suggest, by a
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preponderance of the evidence, that the alleged perpetrator likely committed abuse,
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neglect, or exploitation of a vulnerable adult, the alleged perpetrator must present
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credible evidence that the division's evidence does not establish by a preponderance of
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the evidence that the alleged perpetrator committed the abuse, neglect, or exploitation of
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a vulnerable adult, in order to successfully rebut the division's findings.
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[(6)] (7) Notwithstanding any provision of this section, an alleged perpetrator described in
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this section may not challenge a supported finding if:
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(a) a court [of competent] with jurisdiction entered a finding in a proceeding to which the
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alleged perpetrator was a party, that the alleged perpetrator committed the abuse,
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neglect, or exploitation of a vulnerable adult, upon which the supported finding is
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based[.] ; or
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(b) a court with jurisdiction accepted a plea deal from the alleged perpetrator concerning
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the same set of facts upon which the supported finding is based.
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[(7)] (8) A person who was listed in the database as a perpetrator before May 5, 2008, and
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who did not have an opportunity to challenge the division's finding that resulted in the
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listing, may at any time:
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(a) request that the division reconsider the division's finding; or
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(b) request an informal adjudicative proceeding, under Title 63G, Chapter 4,
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Administrative Procedures Act, to challenge the finding.
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Section 4. Effective Date.
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This bill takes effect on May 7, 2025.
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