COMMITTEE ON HUMAN SERVICES
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2558
(Reference to printed bill)
Page 1, line 19, after the comma strike remainder of line, insert "and 8‑881."
Page 2, line 14, strike "section 46‑458" insert "sections 46‑452.01 and 46‑452.02"
Line 15, strike "46‑458" insert "46-452.01"
Line 16, after "A." insert "upon completion of its investigation,"
Line 17, strike "or neglected" insert ", neglected or exploited"
Lines 17 and 18, strike "substantiate the allegation" insert "enter a substantiated finding of abuse, neglect or exploitation in the registry"
Line 19, after "allegation" insert "and findings"
Line 20, after "hearing" insert "before entry into the registry pursuant to section 46‑452.02"
Line 22, strike "fourteen" insert "fifteen calendar"
Line 25, after "within" strike remainder of line, insert "fifteen calendar days of the notice date."
Lines 30 and 31, strike "that there is no probable cause"
Line 31, strike "engaged" insert "did not engage"
Line 32, after "conduct" insert "by a preponderance of the evidence"
Line 34, strike "41‑1092.03" insert "41‑1061, subsection B"
Line 38, after "unless" insert "either"
Line 40, strike "or neglect" insert ", neglect or exploitation"
Line 42, after "abuse" strike remainder of line, insert ", neglect or exploitation."
Line 45, strike "office of administrative hearings" insert "department of economic security office of appeals"
Page 3, line 3, after "days" insert "thereafter"
Lines 4 and 5, strike "office of administrative hearings" insert "department of economic security office of appeals"
Line 6, strike "office of administrative hearings" insert "department of economic security office of appeals"
Page 3, lines 8 and 9, strike "or neglect" insert ", neglect or exploitation"
Strike lines 10 through 12
Renumber to conform
Line 13, strike "or neglect" insert ", neglect or exploitation"
Between lines 18 and 19, insert:
"5. If the person requesting the hearing fails to appear, the hearing shall be vacated and a substantiated finding of abuse, neglect or exploitation shall be entered. Upon good cause shown, the hearing may be rescheduled if the request is made within fifteen calendar days of date of the notice vacating the hearing for failure to appear."
Line 20, strike "if probable cause exists to sustain" insert "whether"
Line 21, after "conduct" insert "is supported by a preponderance of the evidence"
Line 22, strike "that probable cause does not exist" insert "there is insufficient evidence"
Line 23, strike "finding" insert "burden of proof"
Line 25, strike "The department shall provide" insert "notwithstanding section 41‑1959, the department shall notify"
Lines 26 and 27, strike "suspected abuse or neglect with a copy" insert "allegations of abuse, neglect or exploitation"
Strike lines 28 through 31, insert:
"1. At the conclusion of the investigation if the report is unsubstantiated or if, by a preponderance of the evidence, there is reason to believe the allegation did occur but no perpetrator has been identified."
Renumber to conform
Lines 35 and 36, strike "pursuant to section 41‑1092.08"
Between lines 36 and 37, insert:
"J. All final decisions substantiating an allegation of abuse, neglect or exploitation shall be reported to the adult protective services registry, pursuant to section 41‑452.02, within thirty days of the decision being rendered.
K. Any person receiving information pursuant to this section shall maintain its confidentiality as provided by section 41‑1959, subsection A."
Reletter to conform
Page 3, line 41, strike "or neglected" insert ", neglected or exploited"
After line 41, insert:
"3. "Final decision" means a decision for which the time to appeal has expired or from which no further appeal is available.
M. The provisions of this section shall apply only to those allegations of abuse, neglect or exploitation received by the department on or after July 1, 2007.
N. The department shall be granted an exemption from the rules making process for the purpose of implementation of this section."