Post-Session Bill Summaries: Legislation Related to Abuse and Neglecto

Legislation Related to Abuse and Neglect

HB 29, Methemphetamine/Offense/Penalties (Horn, Faircloth, Tolson, Stevens). HB 29 provides enhanced penalties for the offense of manufacturing methamphetamine when a child, person with a disability or elder resides or was present at the property used for the manufacturing. HB 29 passed both chambers and was signed into law on June 19th, S.L. 2013-124.  It becomes effective December 1, 2013, and applies to offenses committed on or after that date.

HB 68, Establish Ombudsman/Foster Care/ Gaston County (Torbett). HB 68 establishes a pilot ombudsman program for children in foster care in Gaston County. It was approved by the full Senate on June 12^th and signed into law by the Governor on June 13, S.L. 2013-111.  It was effective when signed and expires July 1, 2015.

HB 510, Foster Care Children's Bill off Rights (Cotham, Hardister, Avila, Jackson). HB 510 sets out the state policy for the rights of children in foster care.  It was signed by the Governor on July 23, 2013 and is S.L. 2013-326.

HB 533, Detention of Mentally Ill in Facility (Jordan). HB 533 applies to Ashe, Cumberland, and Wilkes Counties only. It amends NCGS 122C-251 regarding transportation for involuntary commitment proceedings to allow hospital police to keep patients at the hospital if law enforcement has left the facility.  Specifically, the bill states that if the law enforcement officer vacates the facility after finding, in collaboration with the facility, that the respondent is safe to be temporarily detained under the appropriate supervision provided by the facility, an employee commissioned under G.S. 74E-2(b) who is employed by a hospital certified under G.S. 74E-2(b) may use appropriate and reasonable force and means to (i) keep the respondent at the facility where the respondent is to be detained and (ii) if pursuant to a continuous and immediate pursuit, to return the respondent to the facility where the respondent is to be detained. This subsection applies when the respondent is being temporarily detained in accordance with G.S. 122C-261(d), 122C-263(a), and 122C-263(d)(2). HB 533 was signed by the Governor on June 18 and is Session Law 2013-114.

HB 670, DSS Study/Extend Foster Care to Age 21 (House Rules committee).  HB 670 directs DSS to study extending the foster care age to 21.  It was included in the House study bill that never passed the full chamber.

SB 542, Drug Testing for LTC Applicants and Employees (Cook, Jackson, Rabin). SB 542 would require Adult Care Homes and nursing homes to require applicants for employment and certain employees to submit to drug testing for controlled substances. It was signed by the Governor on June 19^th and is Session Law 2013-167.

HB 891, Exploitation of Seniors/Freeze Defendant's Assets (Glazier, McGrady, Insko, Baskerville).  HB 891 allows the district attorney to petition the Court to freeze the assets of a defendant charged with financial exploitation of an elder adult or disabled adult. It was signed by the Governor on June 26, 2013 and is S.L. 2013-203.   

SB 140, Financial Exploitation of Older Adults (Bingham). SB 140 makes several changes to the law to increase the recognition, reporting, and prosecution of those who defraud or financially exploit older adults, and to continue the Task Force on Fraud Against Older Adults. It was signed by the Governor on July 23, 2013 and is S.L. 2013-337.