AN ACT Relating to abuse or neglect of vulnerable adults; amending RCW 74.34.020, 74.34.060, and 74.34.130; and adding new sections to chapter 74.34 RCW.

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

Sec. 1. Section 8, chapter 97, Laws of 1984 and RCW 74.34.020 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Abandonment" means leaving a vulnerable adult without the means or ability to obtain food, clothing, shelter, or health care.

(2) "Abuse" means an act of physical or mental mistreatment or injury which harms or threatens a person through action or inaction by another individual.

(3) "Capacity" refers to any person who, because of functional limitations, has sustained or is likely to sustain substantial harm due to an inability to provide for the person's personal needs for food, clothing, shelter, health care, or safety, or an inability to manage his or her property or financial affairs. Inability to provide for personal needs or to manage property shall be evidenced by acts, occurrences, or statements which strongly indicate imminent acts or specific past occurrences. All specific past occurrences must have occurred within six months before filing and at least one incidence of such behavior must have occurred within twenty days of the filing. Isolated instances of simple negligence or improvidence, lack of resources, or any act, occurrence, or statement if that act, occurrence, or statement is the product of an informed judgment shall not constitute evidence of inability to provide for personal needs or to manage property. Evidence of mere poor judgment or of a different lifestyle shall not be competent evidence upon which to base a finding of incapacity. Incapacity shall not be based upon the age of the alleged incapacitated person.

(4) "Consent" means express written consent granted after the person has been fully informed of the nature of the services to be offered and that the receipt of services is voluntary.

((~~(4)~~)) (5) "Department" means the department of social and health services.

((~~(5)~~)) (6) "Exploitation" means the illegal or improper use of a vulnerable adult or that adult's resources for another person's profit or advantage or the misuse of a power of attorney.

((~~(6)~~)) (7) "Informed judgment" means a choice made by a person who made the choice voluntarily, who understood that he or she was free to choose or refuse any alternative available, and who understood the consequences of his or her choice.

(8) "Neglect" means a pattern of conduct resulting in deprivation of care necessary to maintain minimum physical and mental health.

((~~(7)~~)) (9) "Secretary" means the secretary of social and health services.

((~~(8)~~)) (10) "Vulnerable adult" means a person sixty years of age or older or a developmentally disabled adult who has the functional, mental, or physical inability to care for himself or herself.

NEW SECTION. Sec. 2. A new section is added to chapter 74.34 RCW to read as follows:

The department of social and health services shall provide funding to the area agency on aging for the provision of legal assistance to vulnerable adults seeking protection under this chapter. To provide this legal assistance, the area agency on aging shall use those funds to contract with the current Title III Older Americans Act legal services provider. Funds may also be used by the Title III provider to initiate pro se projects.

Sec. 3. Section 12, chapter 97, Laws of 1984 and RCW 74.34.060 are each amended to read as follows:

The department shall insure that all reports made under this chapter are responded to. If the department finds that an incident of abuse, neglect, exploitation, or abandonment has occurred, the department shall insure that appropriate protective services are provided to the vulnerable adult with the consent of the vulnerable adult. The services shall not be provided if the vulnerable adult withdraws or refuses consent unless it is clear to the department that the consent that was originally given has been withdrawn under duress. If consent has been withdrawn under duress, the department may seek a temporary order to intervene. The order may be granted ex parte, but a hearing on the matter must be held within five days of the date on which the temporary order was granted. If the court at the hearing determines by clear and convincing evidence that consent was withdrawn under duress and that intervention by the department is necessary to protect the vulnerable adult, the court shall grant an order allowing the department to provide protective services for a period not exceeding thirty days. If the department determines that the vulnerable adult lacks the ability or capacity to consent, the department may bring an action under chapter 11.88 RCW as an interested person.

NEW SECTION. Sec. 4. A new section is added to chapter 74.34 RCW to read as follows:

Where alleged by the petitioner that personal or real property has been wrongfully converted or conveyed, the court shall enter an order directing the parties to proceed to trial on that issue within thirty days of the date the court enters the order.

Sec. 5. Section 7, chapter 187, Laws of 1986 and RCW 74.34.130 are each amended to read as follows:

The court may order relief as it deems necessary for the protection of the petitioner, including, but not limited to the following:

(1) Restraining respondent from committing acts of abuse or exploitation;

(2) Excluding the respondent from petitioner's residence for a specified period or until further order of the court;

(3) Prohibiting contact by respondent for a specified period or until further order of the court;

(4) Requiring an accounting by respondent of the disposition of petitioner's income or other resources;

(5) Restraining the transfer of property for a specified period ((~~not exceeding~~)) until a trial for the petition is held or ninety days whichever is later;

(6) Requiring the respondent to pay the filing fee and court costs, including service fees, and to reimburse the petitioner for costs incurred in bringing the action, including a reasonable attorney's fee.

Any relief granted by an order for protection, other than a judgment for costs, shall be for a fixed period not to exceed one year.