Administrative Rule Review Report  #AR08-096

Legislative Service Office

26-Nov-08

 

AGENCY:                                         Department of Family Services.

 

DATE SUBMITTED:                         November 25, 2008.

 

SUBJECT:                                         Chapters 1 through 4, Adult Protective Services.

 

NATURE OF RULES:                        Legislative and procedural.

 

STATUTORY AUTHORITY:            W.S. 35-20-104(a)(ii).

 

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

SUBMITTED BY THE AGENCY TO LSO:      Apparently complete to date.  Notice of the proposed adoption of new rules was provided by the LSO as required by W.S. 28-9-103(d).  No comments have been received to date.

 

SUMMARY OF RULES:           The Department of Family Services administers the Adult Protective Services Act, the purpose of which is to provide emergency services to assist vulnerable adults in preventing or terminating abuse, neglect, exploitation or abandonment. These services may include social casework, case management, home care, day care, social services, health care, psychiatric or health evaluations and other emergency services consistent with this act.  The proposed amended rule is to implement statutory changes enacted in 2007 (HB0300/HEA0120/Ch. 209).  Major changes include:

·        Adding "intimidation" to the list of criminally prohibited behaviors;

·        Amending definitions of terms, including "abuse," "caregiver," "exploitation," "intimidation" and "physical disability";

·        Expanding the definition of "abuse" to include the taking of voyeuristic photographs;

·        Expanding the definition of "caregiver" to include persons with a legal responsibility under a  power of attorney or advanced directive;

·        Revising reporting and investigation procedures;

·        Making other conforming and non-substantive changes.

 

FINDINGS:      The rules appear to be within the scope of statutory authority and legislative intent.

 

STAFF RECOMMENDATION: That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

 

 

                                                                        _______________________

                                                                        Gerald W. Laska

                                                                        Staff Attorney

 

 

 

                                                                        _______________________

                                                                        David K. Gruver

                                                                        Assistant Director

GWL/