S 7 Session 110 (1993-1994)
S 0007 General Bill, By Bryan, Elliott, Giese, Glover, Hayes, Jackson, Lander,
Martin, McGill, T.W. Mitchell, O'Dell, Passailaigue, L.E. Richter, M.T. Rose,
Russell, Short, J.V. Smith, Washington and Wilson
Similar(H 3016)
A Bill to amend Title 43, Code of Laws of South Carolina, 1976, by adding
Chapter 35 so as to enact the Omnibus Adult Protection Act; to define terms;
to provide for the duties of the State Department of Social Services and the
Division of Ombudsman and Citizen Services, Office of the Governor, relative
to adult abuse, neglect and exploitation; to designate those required to
report; to establish reporting and investigating procedures; to provide family
court procedures; to abrogate the husband-wife and doctor-patient privilege in
adult abuse cases; to provide for emergency removal of an adult; to provide
immunity for good faith reporting; to provide civil and criminal penalties; to
create the Adult Protection Coordinating Council and to provide for its
membership and duties; to amend Section 8-17-340, relating to the State
Employee Grievance Committee, so as to revise the standard for reviewing a
case involving abuse, neglect, or exploitation; to amend Section 16-1-10, as
amended, relating to crimes classified as felonies, so as to include the
offenses added by this Act; and to repeal Section 23-1-220 and Chapters 29 and
30 of Title 43.
01/12/93 Senate Introduced and read first time SJ-28
01/12/93 Senate Referred to Committee on Medical Affairs SJ-29
A BILL
TO AMEND TITLE 43, CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING CHAPTER 35 SO AS TO ENACT THE
OMNIBUS ADULT PROTECTION ACT; TO DEFINE TERMS; TO
PROVIDE FOR THE DUTIES OF THE STATE DEPARTMENT OF
SOCIAL SERVICES AND THE DIVISION OF OMBUDSMAN AND
CITIZEN SERVICES, OFFICE OF THE GOVERNOR, RELATIVE TO
ADULT ABUSE, NEGLECT, AND EXPLOITATION; TO
DESIGNATE THOSE REQUIRED TO REPORT; TO ESTABLISH
REPORTING AND INVESTIGATING PROCEDURES; TO
PROVIDE FAMILY COURT PROCEDURES; TO ABROGATE THE
HUSBAND-WIFE AND DOCTOR-PATIENT PRIVILEGE IN ADULT
ABUSE CASES; TO PROVIDE FOR EMERGENCY REMOVAL OF
AN ADULT; TO PROVIDE IMMUNITY FOR GOOD FAITH
REPORTING; TO PROVIDE CIVIL AND CRIMINAL PENALTIES;
TO CREATE THE ADULT PROTECTION COORDINATING
COUNCIL AND TO PROVIDE FOR ITS MEMBERSHIP AND
DUTIES; TO AMEND SECTION 8-17-340, RELATING TO THE
STATE EMPLOYEE GRIEVANCE COMMITTEE, SO AS TO
REVISE THE STANDARD FOR REVIEWING A CASE INVOLVING
ABUSE, NEGLECT, OR EXPLOITATION; TO AMEND SECTION
16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS
FELONIES, SO AS TO INCLUDE THE OFFENSES ADDED BY
THIS ACT; AND TO REPEAL SECTION 23-1-220 AND CHAPTERS
29 AND 30 OF TITLE 43.
Whereas, the General Assembly finds it necessary:
(1) to provide a system of adult protection in South Carolina;
(2) to clarify the roles and responsibilities of agencies involved in
the system;
(3) to provide a mechanism for problem resolution and interagency
coordination;
(4) to address continuing needs of vulnerable adults;
(5) to uniformly define abuse, neglect, and exploitation for
vulnerable adults in all settings;
(6) to clarify reporting procedures for allegations of abuse, neglect,
and exploitation;
(7) to provide procedures for emergency protective custody;
(8) to define the role of the court in the adult protection system;
(9) to provide civil and criminal penalties for abuse, neglect, and
exploitation;
(10) to provide services in the least restrictive setting possible. Now,
therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"CHAPTER 35
Adult Protection
Article 1
Duties and Procedures
of
Investigative Entities
Section 43-35-5. This chapter may be cited as the Omnibus Adult
Protection Act.
Section 43-35-10. As used in this chapter:
(1) `Abuse' means physical abuse or psychological abuse.
(2) `Caregiver' means a person who provides care to a vulnerable
adult, with or without compensation, on a temporary or permanent or
full or part-time basis and includes, but is not limited to, a relative,
household member, day care personnel, adult foster home sponsor, and
personnel of a public or private institution or facility.
(3) `Exploitation' means:
(a) causing or requiring a vulnerable adult to engage in activity
or labor which is improper, illegal, or against the wishes of the
vulnerable adult. Exploitation does not include requiring a vulnerable
adult to participate in an activity or labor which is a part of a written
plan of care; or
(b) an improper, illegal, or unauthorized use of the funds, assets,
property, power of attorney, guardianship, or conservatorship of a
vulnerable adult by a person for the profit or advantage of that person or
another person.
(4) `Facility' means a nursing care facility, community residential
care facility, a psychiatric hospital, or a facility operated or contracted
for operation by the State Department of Mental Health or the South
Carolina Department of Mental Retardation.
(5) `Investigative entity' means the Division of Ombudsman and
Citizens Services, Office of the Governor, or the State Department of
Social Services.
(6) `Neglect' means the failure or omission of a caregiver to provide
the care, goods, or services necessary to maintain the health or safety of
a vulnerable adult, including, but not limited to, food, clothing,
medicine, shelter, supervision, and medical services. Neglect may be
repeated conduct or a single incident which has produced or is likely to
result in serious physical or psychological harm or substantial risk of
death. Noncompliance with regulatory standards alone does not
constitute neglect. Neglect includes the inability of a vulnerable adult,
in the absence of a caretaker, to provide for his or her own health or
safety which produces or could reasonably be expected to produce
serious physical or psychological harm or substantial risk of death.
(7) `Occupational licensing board' means a health professional
licensing board which is a state agency that licenses and regulates health
care providers and includes, but is not limited to, the State Board of
Examiners for Nursing Home Administrators and Community
Residential Care Facility Administrators, State Board of Nursing for
South Carolina, State Board of Medical Examiners, State Board of
Social Work Examiners, and the State Board of Dentistry.
(8) `Physical abuse' means intentionally inflicting or allowing to be
inflicted physical injury on a vulnerable adult by an act or failure to act.
Physical abuse includes, but is not limited to, slapping, hitting, kicking,
biting, choking, pinching, burning, actual or attempted sexual battery as
defined in Section 16-3-651, overmedication for the purpose of
controlling behavior, and unreasonable confinement. Physical abuse
also includes the use of a restrictive or physically intrusive procedure to
control behavior for the purpose of punishment except that a therapeutic
procedure prescribed by a licensed physician or other qualified
professional is not considered physical abuse if it is part of a written plan
of care. Physical abuse does not include altercations or acts of assault
between vulnerable adults.
(9) `Protective services' means those services whose objective is to
protect a vulnerable adult from harm caused by the vulnerable adult or
another. These services include, but are not limited to, evaluating the
need for protective services, securing and coordinating existing services,
arranging for living quarters, obtaining financial benefits to which a
vulnerable adult is entitled, and securing medical services, supplies, and
legal services.
(10) `Psychological abuse' means deliberately subjecting a vulnerable
adult to threats or harassment or other forms of intimidating behavior
causing fear, humiliation, degradation, agitation, confusion, or other
forms of serious emotional distress.
(11) `Vulnerable adult' means a person eighteen years of age or older
who has a physical or mental condition which substantially impairs the
person from adequately providing for his or her own care or protection.
This includes a person who is impaired in the ability to adequately
provide for the person's own care or protection because of the infirmities
of aging, including, but not limited to, organic brain damage, advanced
age, and physical, mental, or emotional dysfunction.
Section 43-35-15. (A) The Division of Ombudsman and Citizen
Services, Office of the Governor, shall investigate or cause to be
investigated reports of alleged abuse, neglect, and exploitation of
vulnerable adults occurring in facilities. The Ombudsman may develop
policies, procedures, and memoranda of agreement to be used in
reporting these incidents and in furthering its investigations.
(B) The State Department of Social Services shall investigate or
cause to be investigated reports of alleged abuse, neglect, and
exploitation of vulnerable adults occurring in all settings other than
facilities and where appropriate, provide protective services. The
department may promulgate regulations and develop policies,
procedures, and memoranda of agreement to be used in reporting these
incidents, in furthering its investigations, and in providing protective
services.
Section 43-35-20. In addition to all other powers and duties that an
investigative entity is given in this article, the investigative entity may:
(1) have access to facilities for the purpose of conducting
investigations;
(2) request and receive written statements, documents, exhibits, and
other items pertinent to an investigation, including, but not limited to,
hospital records of a vulnerable adult which the hospital is authorized to
release upon written request of the investigative entity without obtaining
patient authorization;
(3) issue administrative subpoenas for the purpose of gathering
information and documents;
(4) institute proceedings in a court of competent jurisdiction to seek
relief necessary to carry out the provisions of this chapter;
(5) require all persons, including family members of a vulnerable
adult and facility staff members, to cooperate with the investigative
entity in carrying out its duties under this chapter, including, but not
limited to, conducting investigations and providing protective services;
(6) require all officials, agencies, departments, and political
subdivisions of the State to assist and cooperate within their
jurisdictional power with the court and the investigative entity in
furthering the purposes of this chapter;
(7) conduct studies and compile data regarding abuse, neglect, and
exploitation;
(8) issue reports and recommendations.
Section 43-35-25. (A) A physician, nurse, dentist, optometrist,
medical examiner, coroner, other medical, mental health or allied health
professional, Christian Science practitioner, religious healer, school
teacher, counselor, psychologist, mental health or mental retardation
specialist, social or public assistance worker, caregiver, staff or
volunteer of an adult day care center or of a facility, or law enforcement
officer having reason to believe that a vulnerable adult has been or is
likely to be abused, neglected, or exploited shall report the incident in
accordance with this section. Any other person who has actual
knowledge that a vulnerable adult has been abused, neglected, or
exploited shall report the incident in accordance with this section.
(B) Except as provided in subsection (A), any other person who has
reason to believe that a vulnerable adult has been or may be abused,
neglected, or exploited may report the incident.
(C) A person required to report pursuant to this section is personally
responsible for making the report; however, a state agency may make a
report on behalf of an agency employee if the procedure the agency uses
for reporting has been approved by the investigative entity to which the
report is to be made.
(D) A person required to report under this section must report the
incident within twenty-four hours or the next business day. A report
must be made in writing or orally by telephone or otherwise to the
Ombudsman of the Office of the Governor for incidents occurring in
facilities and to the State Department of Social Services for incidents
occurring in all other settings. In the event an investigative entity
receives a report which is not within its investigative jurisdiction, it shall
forward the report to the appropriate entity not later than the next
business day.
(E) No facility may develop policies or procedures that interfere with
the reporting requirements of this section.
(F) Provided the mandatory reporting requirements of this section
are met, nothing in this section precludes a person from also reporting
directly to law enforcement, and in cases of an emergency, law
enforcement must also be contacted.
Section 43-35-30. A person required to report pursuant to this
article or a person investigating a report may take or cause to be taken
color photographs of the trauma visible on the vulnerable adult who is
the subject of a report. A person required to report under this chapter as
a member of the staff of a medical facility, public or private institution,
school, facility, or agency immediately shall notify the person in charge
or the designated agent of the person in charge who shall take or cause
to be taken color photographs of visible trauma. The investigative entity
or law enforcement, if indicated, may cause to be performed a
radiological examination or medical examination of the vulnerable adult
without consent. All photographs, x-rays, and results of medical
examinations and tests must be provided to law enforcement or to the
investigative entity upon request.
Section 43-35-35. A person required to report or investigate cases
under this chapter who has probable cause to believe that a vulnerable
adult died as a result of abuse or neglect shall report the death and
suspected cause of death to the coroner or medical examiner. The
coroner or medical examiner shall conduct an investigation and may
conduct or order an autopsy. The coroner or medical examiner must
report the investigative findings to law enforcement and the circuit
solicitor in the appropriate jurisdiction.
Section 43-35-40. Upon receiving a report the investigative entity
promptly shall initiate an investigation and within two business days of
receiving the report must review the report for the purpose of reporting
to law enforcement those cases requiring involvement of law
enforcement. A report to law enforcement must be made within one
business day of completing the review. The law enforcement agency
shall initiate an incident report and provide upon request a copy to an
entity conducting an investigation pursuant to this chapter or any other
provision of state or federal law.
Section 43-35-45. (A) In investigating a report if consent cannot
be obtained for access to the vulnerable adult or the premises, the
investigative entity may seek a warrant from the family court to enter
and inspect and photograph the premises and the condition of the
vulnerable adult. The court shall issue a warrant upon a showing of
probable cause that the vulnerable adult has been abused, neglected, or
exploited or is at risk of abuse, neglect, or exploitation.
(B) At any time during or subsequent to an investigation where a
vulnerable adult is at substantial risk to be or has been abused,
neglected, or exploited and consent to provide services cannot be
obtained, the Department of Social Services may petition the family
court for an order to provide protective services. In those cases
requiring emergency protective services or emergency removal of the
vulnerable adult from the place the adult is located or residing, the
department may seek ex parte relief. The court may expedite the ex
parte proceeding to any extent necessary to protect the vulnerable adult.
The family court may order ex parte that the vulnerable adult be taken
into emergency protective custody without the consent of the vulnerable
adult or the guardian or others exercising temporary or permanent
control over the vulnerable adult, if the court determines there is
probable cause to believe that by reason of abuse or neglect there exists
an imminent danger to the vulnerable adult's life or physical safety. The
court also may order emergency services or other relief as necessary to
protect the vulnerable adult.
(C) Within ten days following the filing of a petition pursuant to this
section the court must appoint a guardian ad litem and an attorney for
the vulnerable adult; and within forty days of the petition being filed the
court shall hold a hearing on the merits.
(D) Before the hearing on the merits the Department of Social
Services must conduct a comprehensive evaluation of the vulnerable
adult. The evaluation must include, but is not limited to:
(1) the vulnerable adult's current address and with whom the
vulnerable adult is residing;
(2) a list of all persons or agencies currently providing services to
the vulnerable adult and the nature of these services;
(3) a summary of services, if any, provided to the vulnerable adult
by the Department of Social Services;
(4) if needed, a medical, psychological, social, vocational, or
educational evaluation;
(5) recommendations for protective services which would serve
the best interests of the vulnerable adult; however, when these services
are to be provided by another state agency, these recommendations must
be developed in consultation with the other agency.
A copy of the evaluation must be provided to the court, the guardian
ad litem, and the attorney at least five working days before the hearing
on the merits.
Reasonable expenses incurred for evaluations required by this
subsection must be paid by the Department of Social Services which
must seek reimbursement for these evaluations, where possible.
(E) At the hearing on the merits, the court may order the department
to provide protective services if it finds that:
(1) the vulnerable adult is at substantial risk of being or has been
abused, neglected, or exploited and the vulnerable adult is unable to
protect herself or himself; and
(2) protective services are necessary to protect the vulnerable
adult from the substantial risk of or from abuse, neglect, or exploitation.
(F) Protective services ordered pursuant to this section must be
provided in the least restrictive setting available and appropriate for the
vulnerable adult and noninstitutional placement must be used whenever
possible. Subsequently, if commitment to a treatment facility is
required, the Department of Social Services may initiate commitment
proceedings.
(G) Any interested person, on behalf of the vulnerable adult, may file
a motion for review of the court order issued pursuant to this section.
(H) Following a court order from the merits hearing to provide
protective services to a vulnerable adult, the Department of Social
Services, at least every six months, must evaluate the vulnerable adult
and submit a written report to the court, and any other parties required
by the court, regarding the vulnerable adult's need for continued
protective services as defined in this chapter.
(I) If the court determines that the vulnerable adult is financially
capable of paying for services ordered pursuant to this section, then
payment by or from the financial resources of the vulnerable adult may
be ordered.
(J) In an action for exploitation or in which payment for protective
services is in issue, upon its own motion or a motion of any party, the
court may order that the vulnerable adult's financial records be made
available on a certain day and time for inspection by the parties.
(K) Expenses incurred by the Department of Social Services on
behalf of a vulnerable adult that have not been reimbursed at the time of
the vulnerable adult's death become a claim against the estate of the
vulnerable adult.
(L) Payments for which a vulnerable adult is responsible or for
which the Department of Social Services is to be reimbursed only
include payments to third parties and do not include personnel or
operating expenses of the Department of Social Services.
Section 43-35-50. The privileged quality of communication between
husband and wife or between a professional person and the person's
patient or client, except that between attorney and client or priest and
penitent, are abrogated and do not constitute grounds for failing to report
or for the exclusion of evidence in any civil or criminal proceeding
resulting from a report made pursuant to this chapter.
Section 43-35-55. (A) A law enforcement officer may take a
vulnerable adult in a life-threatening situation into protective custody if:
(1) there is probable cause to believe that by reason of abuse,
neglect, or exploitation there exists an imminent danger to the vulnerable
adult's life or physical safety;
(2) the vulnerable adult or caregiver does not consent to
protective custody; and
(3) there is not time to apply for a court order.
(B) When a law enforcement officer takes protective custody of a
vulnerable adult, the officer must transport the vulnerable adult to a
place of safety which must not be a facility for the detention of criminal
offenders or of persons accused of crimes. The Department of Social
Services has custody of the vulnerable adult pending the family court
hearing to determine if there is probable cause for protective custody.
(C) A vulnerable adult who is taken into protective custody by a law
enforcement officer, may not be considered to have been arrested.
(D) When a law enforcement officer takes protective custody of a
vulnerable adult under this section, the law enforcement officer must
immediately notify the county Department of Social Services and the
circuit solicitor of the county where the vulnerable adult was situated at
the time of being taken into protective custody. This notification must
be made in writing or orally by telephone or otherwise and must include
the following information:
(1) the name of the vulnerable adult, if known, or a physical
description of the adult, if the name is unknown;
(2) the address of the place from which the vulnerable adult was
removed by the officer;
(3) the name and the address, if known, of any person who was
exercising temporary or permanent custody of or control over or who
was the caregiver of the vulnerable adult at the time the adult was taken
into protective custody;
(4) the address of the place to which the vulnerable adult was
transported by the officer;
(5) a description of the facts and circumstances resulting in the
officer taking the vulnerable adult into protective custody.
(E) The solicitor is responsible for filing a petition for protective
custody within one business day of receiving the notification required
by subsection (D).
(F) The family court shall hold a hearing to determine whether there
is probable cause for the protective custody within seventy-two hours of
the solicitor filing the petition, excluding Saturdays, Sundays, and legal
holidays.
(G) Upon receiving notification that a vulnerable adult has been
taken into protective custody the Department of Social Services shall
commence an investigation. After the hearing required by subsection
(F), the department may initiate or cause to be initiated a petition for
services pursuant to Section 43-35-45.
Section 43-35-60. Unless otherwise prohibited by law, a state
agency, an investigative entity, and law enforcement may share
information related to an investigation conducted as a result of a report
made under this chapter. Information in these investigative records must
not be disclosed publicly.
Section 43-35-65. A facility as defined in Section 43-35-10 shall
prominently display notices stating the duties of its personnel under this
chapter, the text of which must be provided by the Division of
Ombudsman and Citizens Services, Office of the Governor. The notices
must also include the addresses and telephone numbers of the
Ombudsman and local law enforcement.
Section 43-35-70. The investigative entity may report an incident
of abuse, neglect, or exploitation alleged against a health care
professional to the occupational licensing board by whom that person is
licensed.
Section 43-35-75. (A) A person who, acting in good faith, reports
pursuant to this chapter or who participates in an investigation or
judicial proceeding resulting from a report is immune from civil and
criminal liability which may otherwise result by reason of this action.
In a civil or criminal proceeding good faith is a rebuttable presumption.
(B) A person who, acting in good faith, makes a report or who
cooperates with an investigation conducted pursuant to this chapter has
a cause of action for compensatory damages against a person who
caused a detrimental change in the employment status of the reporting
or cooperating person.
Section 43-35-80. (A) Notwithstanding any regulatory or
administrative penalty that may be assessed and in addition to a private
civil cause of action that may be brought against a person or facility
based on an action or failure to act that otherwise constitutes abuse,
neglect, or exploitation under this chapter, the Attorney General, upon
referral from the Division of Ombudsman and Citizens Services, Office
of the Governor, may bring an action against a person who fails through
pattern or practice to exercise reasonable care in hiring, training, or
supervising facility personnel or in staffing or operating a facility and
this failure results in the commission of abuse, neglect, exploitation, or
any other crime against a vulnerable adult in a facility.
(B) In granting relief under this section, the court may assess a civil
fine of not less than ten thousand dollars or order injunctive relief, or
both, and may order other relief as the court considers appropriate.
(C) Nothing in this section may be construed to create a private
cause of action against one who fails through pattern or practice to
exercise reasonable care as provided for in subsection (A).
(D) For the purposes of this section `person' means any natural
person, corporation, joint venture, partnership, unincorporated
association, governmental entity, or other business entity.
(E) To the extent fines collected pursuant to this section exceed the
cost of litigation, these fines must be credited to the South Carolina
Department of Social Services Adult Protective Services Emergency
Fund and may be carried forward from one fiscal year to the next.
Section 43-35-85. (A) A person required to report under this
chapter and who knowingly and wilfully fails to do so is guilty of a
misdemeanor and, upon conviction, must be fined not more than five
thousand dollars or imprisoned not more than five years.
(B) A person who knowingly and wilfully abuses a vulnerable adult
is guilty of a felony and, upon conviction, must be imprisoned not more
than ten years.
(C) A person who knowingly and wilfully neglects a vulnerable
adult is guilty of a felony and, upon conviction, must be imprisoned not
more than ten years.
(D) A person who knowingly and wilfully exploits a vulnerable adult
is guilty of a felony and, upon conviction, must be fined not more than
five thousand dollars or imprisoned not more than ten years, or both, and
may be required by the court to make restitution.
(E) A person who threatens, intimidates, or attempts to intimidate a
vulnerable adult subject of a report, a witness, or any other person
cooperating with an investigation conducted pursuant to this chapter is
guilty of a misdemeanor and, upon conviction, must be fined not more
than five thousand dollars or imprisoned for not more than five years.
(F) A person who wilfully and knowingly obstructs or in any way
impedes an investigation conducted pursuant to this chapter, upon
conviction, is guilty of a misdemeanor and must be fined not more than
five thousand dollars or imprisoned for not more than five years.
Section 43-35-90. This article is not intended to affect in any way
the authority of any agency to act under state or federal law.
Article 3
Adult Protection Coordinating Council
Section 43-35-310. (A) There is created the Adult Protection
Coordinating Council under the auspices of the State Health and Human
Services Finance Commission and is comprised of:
(1) one member from the institutional care service provision
system or a family member of a consumer of that system and one
member from the home and community-based service provision system
or a family member of a consumer of that system, both of whom must be
appointed by the Governor for terms of two years; and
(2) these members who shall serve ex officio:
(a) Attorney General or a designee;
(b) Board of Examiners for Nursing Home Administrators and
Community Residential Care Facility Administrators, Executive Director
or a designee;
(c) State Board of Nursing for South Carolina, Executive
Director or a designee;
(d) Commission on Aging, Executive Director or a designee;
(e) Criminal Justice Academy, Executive Director or a
designee;
(f) South Carolina Department of Health and Environmental
Control, Commissioner or a designee;
(g) State Department of Mental Health, Commissioner or a
designee;
(h) South Carolina Department of Mental Retardation,
Commissioner or a designee;
(i) State Department of Social Services, Commissioner or a
designee;
(j) Health and Human Services Finance Commission,
Executive Director or a designee;
(k) Joint Legislative Committee on Aging, Chair or a designee;
(l) Police Chiefs' Association, President or a designee;
(m) Prosecution Coordination Commission, Executive Director
or a designee;
(n) South Carolina Protection and Advocacy System for the
Handicapped, Inc., Executive Director or a designee;
(o) South Carolina Sheriff's Association, Executive Director or
a designee;
(p) South Carolina Law Enforcement Division, Chief or a
designee;
(q) State Ombudsman of the Office of the Governor or a
designee.
(B) Vacancies on the council must be filled in the same manner as
the initial appointment.
Section 44-35-320. The Adult Protection Coordinating Council shall
coordinate the planning and implementation efforts of the entities
involved in the adult protection system. Members shall facilitate
problem resolution and develop action plans to overcome problems
identified within the system. The council shall develop methods of
addressing the ongoing needs of vulnerable adults, including increasing
public awareness of adult abuse, neglect, and exploitation. The council
shall remain abreast of new trends in adult protection from national
clearinghouses and other appropriate entities. The Adult Protection
Coordinating Council has no authority to direct or require implementing
action from any member or entity.
Section 44-35-330. (A) Duties of the council are to:
(1) provide oversight in adult protection and to recommend
changes in the system;
(2) identify and promote training on critical issues in adult
protection;
(3) facilitate arrangements for continuing education seminars and
credits, when appropriate;
(4) coordinate agency training when possible to avoid
duplication;
(5) coordinate data collection and conduct analyses including
periodic monitoring and evaluation of the incidence and prevalence of
adult abuse, neglect, and exploitation;
(6) determine and target problem areas for training based on the
analysis of the data;
(7) promote resource development;
(8) assist with problem resolution and facilitate interagency
coordination of efforts;
(9) promote and enhance public awareness;
(10) promote prevention and intervention activities to ensure
quality of care for vulnerable adults and their families;
(11) provide technical assistance for developing memoranda of
agreement among involved entities;
(12) promote coordination and communication among groups and
associations which may be affected by the Adult Protection
Coordinating Council's actions through the use of memoranda of
agreement.
(B) Duties of the council are subject to the appropriation of funding
and allocation of personnel sufficient to carry out the functions of the
council.
Section 44-35-340. The chair of the council must be elected by a
majority of the council membership for one two-year term. Other
officers may be elected as needed in the same manner as the chair. A
majority of the membership of the council constitutes a quorum for
official business to be conducted.
Section 44-35-350. Meetings of the council must be held at least
quarterly at the call of the chair or may be called by a petition of
two-thirds of the council membership."
SECTION 2. Paragraph 8 of Section 8-17-340 of the 1976 Code is
amended to read:
"The committee may sustain, reject, or modify a grievance
hearing decision of an agency. except that
However, in cases involving actual or threatened mental or
physical abuse, neglect, or exploitation as defined in Section
43-35-10 of a patient, client, or inmate by an employee, the
agency's decision shall must be given greater deference and
may not be altered or overruled by the committee, unless the
grievant establishes that:
(1) the agency's findings of facts are not sustained by the
committee finding that the grievant abused, neglected, or
exploited or threatened to abuse, neglect, or exploit a patient, client, or
inmate is clearly erroneous in view of reliable, probative, and substantial
evidence, or;
(2) the committee finds that the agency's disciplinary action
was not within its established personnel policies, procedures, and
regulations, or;
3
(3) the committee finds that the agency's action was arbitrary
or and capricious."
SECTION 3. The felonies added by Section 1 of this act must be added
to the list of felonies in Section 16-1-10 of the 1976 Code.
SECTION 4. Section 23-1-220 and Chapters 29 and 30, Title 43, Code
of Laws of South Carolina, 1976, are repealed.
SECTION 5. This act takes effect three months after approval by the
Governor.
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