Virginia 2022 Regular Session

Virginia House Bill HB98

Introduced

1/6/22

Refer

1/6/22

Caption

Adult protective services; central registry.

Impact

The implications of HB98 on state laws are significant. It enhances the responsibilities and powers of local departments of social services by requiring them to provide adult protective services for vulnerable adults aged 60 and older or those incapacitated. Through regulated investigations, local departments must now ensure that valid reports are addressed swiftly, thereby potentially increasing the protective measures available to susceptible communities against abuse and neglect. This proactive approach aims to bolster the safety of adults in Virginia, signifying a considerable shift in priorities towards adult welfare.

Summary

House Bill 98 establishes a framework for adult protective services in Virginia, emphasizing the creation of a central registry for substantiated cases of adult abuse, neglect, and exploitation. The bill mandates the Department for Aging and Rehabilitative Services to maintain this registry and sets forth clear guidelines for the handling of reports. This includes provisions for the documentation and retention of unfounded reports to protect the identities of those accused but not substantiated, thereby promoting fairness in the investigative process.

Contention

Notable points of contention arising from the discussions surrounding the bill include the balance between protecting vulnerable adults and ensuring the rights of those accused of abuse or neglect. Critics might argue that the central registry and investigative procedures could lead to unjust reputational damage for individuals wrongfully accused. Furthermore, there are concerns related to confidentiality and the conditions under which certain information is disclosed, which must be carefully managed to prevent misuse. The inclusion of provisions allowing for a court petition to challenge unfounded claims adds another layer of complexity and is a focal point in the debate around due process in such sensitive matters.