BILL REQ. #:  S-4577.2 

READ FIRST TIME 02/05/10.   

     AN ACT Relating to vulnerable adults; amending RCW 30.22.210 and 74.34.035; and adding a new section to chapter 74.34 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 30.22.210 and 1981 c 192 s 21 are each amended to read as follows:
     (1) Nothing contained in this chapter shall be deemed to require any financial institution to make any payment from an account to a depositor, or any trust or P.O.D. account beneficiary, or any other person claiming an interest in any funds deposited in the account, if the financial institution has actual knowledge of the existence of a dispute between the depositors, beneficiaries, or other persons concerning their respective rights of ownerships to the funds contained in, or proposed to be withdrawn, or previously withdrawn from the account, or in the event the financial institution is otherwise uncertain as to who is entitled to the funds pursuant to the contract of deposit. In any such case, the financial institution may, without liability, notify, in writing, all depositors, beneficiaries, or other persons claiming an interest in the account of either its uncertainty as to who is entitled to the distributions or the existence of any dispute, and may also, without liability, refuse to disburse any funds contained in the account to any depositor, and/or trust or P.O.D. account beneficiary thereof, and/or other persons claiming an interest therein, until such time as either:
     (((1))) (a) All such depositors and/or beneficiaries have consented, in writing, to the requested payment; or
     (((2))) (b) The payment is authorized or directed by a court of proper jurisdiction.
     (2) Except as provided in subsection (1) of this section, if a financial institution reasonably believes that financial exploitation of a vulnerable adult, as defined in RCW 74.34.020, has occurred, has been attempted, or is being attempted, the financial institution may, but is not required to, refuse a transaction requiring disbursal of funds contained in the account of the vulnerable adult, an account on which the vulnerable adult is a beneficiary, including a trust or guardianship account, or an account of a person suspected of perpetrating financial exploitation of a vulnerable adult pending an investigation by the financial institution, the department of social and health services, or law enforcement. A financial institution may refuse to disburse funds under this subsection if the department of social and health services, law enforcement, or the prosecuting attorney's office, or a professional guardian as defined in RCW 11.88.008 appointed by the court for the vulnerable adult, if any, provides information to the financial institution demonstrating that it is reasonable to believe that exploitation of a vulnerable adult, as defined in RCW 74.34.020, has occurred, has been attempted, or is being attempted.
     (a) A financial institution is not required to refuse to disburse funds when provided with information alleging that financial exploitation has occurred, has been attempted, or is being attempted, but may determine whether to do so based on the information it has and within its discretion. A financial institution and its employees are immune from criminal, civil, and administrative liability for its good faith determination of whether or not to refuse to disburse funds based on information that financial exploitation of a vulnerable adult has occurred, has been attempted, or is being attempted, and for its actions taken in furtherance of such determination.
     (b) A financial institution that refuses to disburse funds based upon a reasonable belief that financial exploitation of a vulnerable adult has occurred, has been attempted, or is being attempted, will notify all depositors, beneficiaries, or other persons claiming an interest therein for whom contact information is available to the institution, and any guardian appointed under chapter 11.88 RCW for the vulnerable adult, orally or in writing and shall report the incident to the adult protective services division of the department of social and health services and local law enforcement. Any refusal to disburse funds as authorized by this section based on a financial institution's reason to believe that financial exploitation has occurred, has been attempted, or is being attempted will expire upon the sooner of:
     (i) Five business days after the date on which the financial institution first refused to disburse the funds, unless sooner terminated by an order of a court of competent jurisdiction; or
     (ii) At the time that the financial institution is satisfied, that the disbursement will not result in financial exploitation.
     (c) A court of competent jurisdiction may enter an order extending a financial institution's refusal to disburse funds based on reason to believe that financial exploitation has occurred, has been attempted, or is being attempted and/or order other protective relief as necessary, as authorized by RCW 7.40.010 or 74.34.130.

Sec. 2   RCW 74.34.035 and 2003 c 230 s 2 are each amended to read as follows:
     (1) When there is reasonable cause to believe that abandonment, abuse, financial exploitation, or neglect of a vulnerable adult has occurred, mandated reporters shall immediately report to the department.
     (2) When there is reason to suspect that sexual assault has occurred, mandated reporters shall immediately report to the appropriate law enforcement agency and to the department.
     (3) When there is reason to suspect that physical assault has occurred or there is reasonable cause to believe that an act has caused fear of imminent harm:
     (a) Mandated reporters shall immediately report to the department; and
     (b) Mandated reporters shall immediately report to the appropriate law enforcement agency, except as provided in subsection (4) of this section.
     (4) A mandated reporter is not required to report to a law enforcement agency, unless requested by the injured vulnerable adult or his or her legal representative or family member, an incident of physical assault between vulnerable adults that causes minor bodily injury and does not require more than basic first aid, unless:
     (a) The injury appears on the back, face, head, neck, chest, breasts, groin, inner thigh, buttock, genital, or anal area;
     (b) There is a fracture;
     (c) There is a pattern of physical assault between the same vulnerable adults or involving the same vulnerable adults; or
     (d) There is an attempt to choke a vulnerable adult.
     (5) Mandated reporters shall report the death of a vulnerable adult to the medical examiner or coroner having jurisdiction pursuant to RCW 68.50.020 in the most expeditious manner possible, when the circumstances indicate that death was caused by, or suspected to be caused by, abuse, neglect, or abandonment by another person. The mandated reporter shall also report the death, in the most expeditious manner possible, to the law enforcement agency having jurisdiction and to the department. A mandated reporter is not relieved from the reporting requirement provisions of this section by the existence of a previously signed death certificate. The death of a vulnerable adult, where abuse, neglect, or abandonment caused or contributed to the death, is a death caused by unnatural or unlawful means and the body shall be the jurisdiction of the coroner or medical examiner pursuant to RCW 68.50.010.
     (6) Permissive reporters may report to the department or a law enforcement agency when there is reasonable cause to believe that a vulnerable adult is being or has been abandoned, abused, financially exploited, or neglected.
     (((6))) (7) No facility, as defined by this chapter, agency licensed or required to be licensed under chapter 70.127 RCW, or facility or agency under contract with the department to provide care for vulnerable adults may develop policies or procedures that interfere with the reporting requirements of this chapter.
     (((7))) (8) Each report, oral or written, must contain as much as possible of the following information:
     (a) The name and address of the person making the report;
     (b) The name and address of the vulnerable adult and the name of the facility or agency providing care for the vulnerable adult;
     (c) The name and address of the legal guardian or alternate decision maker;
     (d) The nature and extent of the abandonment, abuse, financial exploitation, neglect, or self-neglect;
     (e) Any history of previous abandonment, abuse, financial exploitation, neglect, or self-neglect;
     (f) The identity of the alleged perpetrator, if known; and
     (g) Other information that may be helpful in establishing the extent of abandonment, abuse, financial exploitation, neglect, or the cause of death of the deceased vulnerable adult.
     (((8))) (9) Unless there is a judicial proceeding or the person consents, the identity of the person making the report under this section is confidential.

NEW SECTION.  Sec. 3   A new section is added to chapter 74.34 RCW to read as follows:
     (1) A financial institution, as defined in RCW 30.22.040 and 30.22.041, must ensure that existing employees who have contact with customers and account information on a regular basis and as part of their job receive training concerning the financial exploitation of vulnerable adults within one year of the effective date of this section, and must thereafter provide the training to any new employees who have contact with account information as part of their new employee orientation. The training must include recognition of indicators of financial exploitation, how employees may report suspected financial exploitation to the department and to law enforcement as permissive reporters, and what steps employees may take to prevent suspected financial exploitation, consistent with the employing institution's agreement with customers, or as otherwise authorized by law. The attorney general's office and the department will develop a standardized training that financial institutions may offer, or the financial institution may develop its own training.
     (2) Financial institutions may provide access to or copies of records which are relevant to suspected financial exploitation or attempted financial exploitation of a vulnerable adult to the department, law enforcement, or the prosecuting attorney's office, either as part of a referral to the department, law enforcement, or prosecuting attorney's office, or upon request of the department, law enforcement, or prosecuting attorney's office as part of an investigation. The records may include those relating to the most recent transaction or transactions which may comprise financial exploitation, as well as historical records.
     (3) No criminal, civil, or administrative liability shall attach to any financial institution or its employees for conduct relating to the reporting or prevention of financial exploitation or in providing access to or copies of records to the department, law enforcement, or prosecuting attorney's office as provided in this chapter.