Administrative Rule Review Report  #AR11-063

Legislative Service Office

10-Nov-11

 

AGENCY:                                       Department of Family Services

 

DATE SUBMITTED:                      9/12/2011

 

SUBJECT:                                        Chapter 1, General Provisions, Criminal Penalties, Adult Protection Teams; Chapter 2, Reports of Suspected Adult Abuse, Neglect, Exploitation, Abandonment, Intimidation and Self Neglect; Chapter 3, Service Provisions; Chapter 4, Case Closure, Administrative Hearings and Confidentiality.

 

NATURE OF RULES:                   Legislative and procedural.

 

STATUTORY AUTHORITY:        W.S. 42-2-103(b)(xiv).

 

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  The LSO has no record of receiving notice of the Agency's intended rulemaking action as required by W.S. 16-3-103(a). When LSO received notice of the final rules adoption on September 12, 2011, the notice was inadvertently treated as one for intended rulemaking and notice of the proposed adoption of new rules was provided to legislative sponsors as required by W.S. 28-9-103(d).  No comments have been received to date.  Therefore, this rule review report is not submitted to Council within 15 days of the agency's notice of final adoption, as required by W.S. 28-9-104(a)(i). Otherwise, procedural compliance is apparently complete to date.

 

            NOTE:  Pursuant to W.S. 16-3-104(a), final approval and filing of these rules with the Secretary of State is due by November 23, 2011.

 

SUMMARY OF RULES:      The Department of Family Services administers the Adult Protective Services Act, W.S. 35-20-101 through 35-20-116.  These amendments to existing rules implement the changes enacted by 2011 Wyoming Laws, Chapter 68, which expanded the definitions of abuse, exploitation and sexual abuse as they apply to protective services for vulnerable adults. The 2011 act:

 

·      Expanded the definition of abuse to include abuse by a person of trust or authority, and to include sexual abuse, intimidation and exploitation;

·      Expanded the definition of exploitation to include misuse of property and abuse of a duty under a power of attorney, conservatorship or guardianship;

·      Defined sexual abuse to include sexual contact including unwanted touching;

·      Clarified that the Department will not act as a caregiver but may facilitate the provision of services to a vulnerable adult;

·      Clarified that notification of placement of a vulnerable adult does not have to be provided to an alleged perpetrator.

 

These amendments to the Department's rules, in addition to implementing the above changes:

 

·      Clarify the definitions of caregiver, agency, advanced age, financial exploitation, emergency services, protective services and sexual abuse;

·      Revise eligible appointees to and data reporting requirements for adult protection teams;

·      Create a "Prevention Track" to provide for immediate services following initial case intake pending further assessment and investigation, the procedures for which are also revised;

·      Make non-substantive updates to terminology and organization of the rules.

 

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.

 

 

 

                                                                        s/Gerald W. Laska____________________

                             Gerald W. Laska

                             Staff Attorney

 

 

                             s/David K. Gruver____________________

                             David K. Gruver

                             Assistant Director

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

GWL