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Committee hears bill to allow Adult Protective Services to share records with investigative agencies
Summary
Witnesses told the House Judiciary Committee HB 246 would let Adult Protective Services share records with federal, state and local investigative agencies without first obtaining a court order, aiming to speed investigations of alleged maltreatment of vulnerable adults.
The House Judiciary Committee heard testimony Jan. 30 on House Bill 246, which would let the Adult Protective Services (APS) office share records of alleged abuse, neglect or exploitation of adults with specified governmental investigative entities without first obtaining a court order.
The Department of Human Services urged a favorable report. "We respectfully urge a favorable report for House Bill 246," said Carnitra White, Principal Deputy Secretary for the Department of Human Services. She said APS serves adults 18 and older who lack physical or mental capacity to meet daily needs and that the bill would "increase protections against maltreatment and assist in prosecuting abusers" by reducing delays caused by court orders.
The bill’s sponsors and agency witnesses said current law requires a court order before APS can disclose records to another governmental entity, which they described as creating unnecessary delays during active investigations. "Under current law, sharing information with other governmental agencies can only occur by obtaining a court order which increases unnecessary delays in the investigation resolution and help for our victims," White said.
Greg Cessick, Director of the Office of Adult Services, told the committee HB 246 would align reporting rules between Child Protective Services and Adult Protective Services and bring health practitioners into APS reporting consistent with CPS.
Witnesses listed potential coordinating agencies that could receive records under the bill, including the U.S. Department of Justice, the U.S. Postal Inspector, the Chief Medical Examiner, the Office of Health Care Quality, and the Securities Commissioner. Committee members asked whether particular categories of emergency responders would be included; in response White said the bill's intent is to allow sharing with governmental investigative entities conducting a related investigation and that, under the bill, information could be shared where necessary.
No formal vote was recorded during the hearing. Committee members closed the testimony after questions and thanked the witnesses.
