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SB 199 - Disabled, Elderly Protection Act - DFACS access when imminent danger

Hecht, Greg K. (34th)	Jackson, Carol (50th)	Hill, Jack (4th)

Status Summary	SC:	CAFF	HC:	HumR	FR:	02/22/99	LA:	03/24/99	H - Committed (CS )

First Reader Summary

A bill to amend Code Section 30-5-5 of the Official Code of Georgia Annotated, relating to investigation of reporters of need for protective services under the "Disabled Adults and Elder Persons Protection Act," so as to authorize the director of the county department of family and children services or the director's designee to file a petition in the superior court to seek immediate access to a disabled adult or elder person who may be in imminent danger as a result of abuse, exploitation, or neglect.

SB 199 99                                         LC 10 2902S 
                                                       (SCS) 
      SENATE BILL 199 
 
      By:  Senators Hecht of the 34th, Jackson of the 50th, 
           Hill of the 4th and others 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Code Section 30-5-5 of the Official Code of Georgia 
  1- 2  Annotated, relating to investigation of reports of need for 
  1- 3  protective services under the "Disabled Adults and Elder 
  1- 4  Persons Protection Act," so as to authorize the director of 
  1- 5  the county department of family and children services or the 
  1- 6  director's designee or an adult protection agency employee 
  1- 7  to file a petition in the probate or superior court to seek 
  1- 8  immediate access to a disabled adult or elder person who may 
  1- 9  be in imminent danger as a result of abuse, exploitation, or 
  1-10  neglect; to provide procedures; to authorize a judge of the 
  1-11  probate or superior court to issue an ex parte order 
  1-12  requiring that an adult protection agency employee be given 
  1-13  access to a disabled adult or elder person to inquire into 
  1-14  such person's well-being; to provide for enforcement of such 
  1-15  orders; to repeal conflicting laws; and for other purposes. 
 
  1-16       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-17                           SECTION 1. 
 
  1-18  Code Section 30-5-5 of the Official Code of Georgia 
  1-19  Annotated, relating to investigation of reports of need for 
  1-20  protective services under the "Disabled Adults and Elder 
  1-21  Persons Protection Act," is amended by adding at the end 
  1-22  thereof a new subsection (h) to read as follows: 
 
  1-23    "(h) Notwithstanding any other provisions of this Code 
  1-24    section, if any director or adult protection agency 
  1-25    employee receives a report or gains knowledge that a 
  1-26    disabled adult or elder person is in need of protective 
  1-27    services and such disabled adult or elder person may be in 
  1-28    imminent danger resulting from abuse, exploitation, or 
  1-29    neglect, the director or designee of the director may file 
  1-30    a petition with the probate or superior court stating the 
  1-31    grounds on which the director or designee of the director 
  1-32    believes that the disabled adult or elder person may be in 
  1-33    imminent danger and seeking immediate access to such 
  1-34    person. The judge, in his or her discretion, may issue an 
  1-35    ex parte order requiring the caretaker or any other person 
 
 
                                 -1- 
 
 
 
  2- 1    at the place where the disabled adult or elder person 
  2- 2    resides to afford an adult protection agency employee 
  2- 3    immediate access to such person to determine the person's 
  2- 4    well-being. If the adult protection agency employee is 
  2- 5    denied access to the disabled adult or elder person, the 
  2- 6    employee shall contact immediately a law enforcement 
  2- 7    officer to assist the employee in enforcing such order. 
  2- 8    Any person willfully violating any order issued pursuant 
  2- 9    to this paragraph shall be in contempt of the court 
  2-10    issuing such order and may be punished accordingly by the 
  2-11    judge of the court. The adult protection agency employee 
  2-12    shall conduct a brief investigation to determine the 
  2-13    condition of the disabled adult or elder person." 
 
  2-14                           SECTION 2. 
 
  2-15  All laws and parts of laws in conflict with this Act are 
  2-16  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -2-