Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 140 First Substitute (2023GS)

Sponsor

Sen. Kwan, K.

Final action

Governor Signed 3/15/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• expands the circumstances under which Adult Protective Services may issue an administrative subpoena in relation to a vulnerable adult who is the subject of an investigation; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

ADULT PROTECTIVE SERVICES AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karen Kwan
House Sponsor: 
Sahara Hayes
LONG TITLE
General Description:
This bill amends provisions regarding the powers of Adult Protective Services.
Highlighted Provisions:
This bill:
▸ expands the circumstances under which Adult Protective Services may issue an
administrative subpoena in relation to a vulnerable adult who is the subject of an
investigation; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
62A-3-303
, as last amended by Laws of Utah 2017, Chapter 176
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
62A-3-303
 is amended to read:
62A-3-303.
Powers and duties of Adult Protective Services.
In addition to all other powers and duties that Adult Protective Services is given under
this part, Adult Protective Services:
(1) shall maintain an intake system for receiving and screening reports;
(2) shall investigate referrals that meet the intake criteria;
(3) shall conduct assessments of vulnerability and functional capacity as it relates to an
allegation of abuse, neglect, or exploitation of an adult who is the subject of a report;
(4) shall perform assessments based on protective needs and risks for a vulnerable
adult who is the subject of a report;
(5) may address any protective needs by making recommendations to and coordinating
with the vulnerable adult or by making referrals to community resources;
(6) may provide short-term, limited services to a vulnerable adult when family or
community resources are not available to provide for the protective needs of the vulnerable
adult;
(7) shall have access to facilities licensed by, or contracted with, the department or the
Department of Health 
and Human Services
 for the purpose of conducting investigations;
(8) shall be given access to, or provided with, written statements, documents, exhibits,
and other items related to an investigation, including private, controlled, or protected medical
or financial records of a vulnerable adult who is the subject of an investigation if:
(a) for a vulnerable adult who has the capacity to consent, the vulnerable adult signs a
release of information; or
(b) [
for a vulnerable adult who lacks capacity to consent,
] an administrative subpoena
is issued by Adult Protective Services[
;
]
:
(i) for a vulnerable adult who has limited capacity to consent;
(ii) for a vulnerable adult whose legal guardian refuses to consent;
(iii) to a custodian of records or other items for a vulnerable adult, if the custodian
refuses to allow access to the records or items without a subpoena; or
(iv) when the records or other items sought are reasonably necessary for Adult
Protective Services to:
(A) investigate the alleged abuse, neglect, or exploitation of a vulnerable adult; or
(B) protect a vulnerable adult who may be the victim of abuse, neglect, or exploitation;
(9) may initiate proceedings in a court of competent jurisdiction to seek relief
necessary to carry out the provisions of this chapter;
(10) shall, subject to Section 
62A-3-320
, provide emergency protective services;
(11) may require all persons, including family members of a vulnerable adult and any
caretaker, to cooperate with Adult Protective Services in carrying out its duties under this
chapter, including the provision of statements, documents, exhibits, and other items that assist
Adult Protective Services in conducting investigations and providing protective services;
(12) may require all officials, agencies, departments, and political subdivisions of the
state to assist and cooperate within their jurisdictional power with the court, the division, and
Adult Protective Services in furthering the purposes of this chapter;
(13) may conduct studies and compile data regarding abuse, neglect, and exploitation;
and
(14) may issue reports and recommendations.