Bill Text: WV HCR105 | 2019 | Regular Session | Introduced
Bill Title: Relating to elderly abuse
Spectrum: Slight Partisan Bill (Republican 7-4)
Status: (Introduced - Dead) 2019-03-09 - To House Rules [HCR105 Detail]
Download: West_Virginia-2019-HCR105-Introduced.html
HOUSE CONCURRENT RESOLUTION 105
(By Delegates Boggs, Rowan, Graves, Longstreth, Lovejoy, Malcolm, C. Martin, P. Martin, Pyles, Sypolt and Toney)
[Introduced March 9, 2019]
Requesting the Joint Committee on Government and Finance study issues relating to providing a process to assist persons have had caregivers withhold accessories or devices that assist the person in caring for themselves, making legal or health care decisions or communicating with others.
Whereas, Many persons in West Virginia are elderly or incapacitated and depend upon eyeglasses, hearing aids, canes, braces, telephones, computers or other such accessories or devices to maintain their independence, make legal or health care decisions or communicate with other persons; and
Whereas, Certain caregivers of elderly or incapacitated persons often withhold such accessories or devices from their wards, thereby depriving them of their independence, their ability to make decisions affecting health or legal matters, isolating them from friends or family, and resulting in the person’s total dependence upon the caregivers; and
Whereas, In many cases such actions could constitute abuse, neglect or financial exploitation of a person by the alleged caregiver; and
Whereas, The West Virginia Department of Health and Human Services has an obligation, through Adult Protective Services, to thoroughly investigate complaints regarding abuse, neglect and financial exploitation of certain adults; and
Whereas, The withholding of accessories and devices from elderly or incapacitated persons by caregivers to the extent that it deprives a person of his or her independence, affects their ability to make legal or health care decisions or impedes their opportunity to communicate with other persons should be deemed abuse, neglect or financial exploitation; and
Whereas, There should be an immediate and appropriate process that would enable a person, or someone acting on behalf of such person, to report to Adult Protective Services the withholding of accessories or devices to an elderly or incapacitated person and to assist in obtaining or retrieving the same; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the feasibility of the West Virginia Department of Health and Human Resources to develop a process where a victim who has had accessories or devices withheld from him or her by a caregiver can report the matter to Adult Protective Services as abuse, neglect or financial exploitation and get immediate relief through the return of the subject accessories or devices; and be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2020, on its findings, conclusions, and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct a study, prepare reports, and draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
