Committee adopts procedure to speed medical decisions for adults in protective custody

HB1466, introduced with Department of Human Services counsel Gerald Sherrill and David Jones of the agency's Adult Protective Services unit, creates a procedure and a court standard for major medical decisions affecting adults in DHS protective custody.

Sherrill told the panel the bill allows DHS to consent to amputations when medically necessary to save a life and establishes a process for courts to evaluate and promptly decide requests for approval of major medical treatment. The bill was described as modeled on existing child-protection procedures and intended to reduce delays that have previously forced courts and agencies into protracted processes before emergent procedures could be carried out.

David Jones said most protective custody cases arise from self-neglect, with roughly 70% involving adults who lack capacity to care for themselves, and that the statute requires a medical affidavit and, where necessary, an expedited hearing. The sponsor and witnesses said they worked with public defenders and probate judges during drafting and reported no known opposition.

Committee members asked about ex parte and emergency procedures and whether the bill could require a three-day waiting period; witnesses said courts can act immediately in true emergencies and the bill's expedited-hearing mechanism is intended to get timely judicial consideration when a hearing can be scheduled. The committee then passed HB1466 by voice vote.

Outcome: HB1466 was passed out of committee for further legislative action.