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COMMITTEE ON CULTURE, YOUTH, AGING, SPORTS AND PARKS

Collection
Hearing Records
Sub-shelf
Rules And Judiciary
Kind
Hearing Record
Entity
Legislature of the Virgin Islands
Date
2025
Type
Bills
Pages
4
Text
Native Text
Identifiers
Bills, Bill 36-0099

COMMITTEE ON CULTURE, YOUTH, AGING, SPORTS AND PARKS 09/19/2025-AMENDED AND REPORTED OUT TO THE COMMITTEE ON RULES AND JUDICIARY BILL NO. 36-0099 Thirty-Sixth Legislature of the Virgin Islands June 24, 2025 An act amending title 34 Virgin Islands Code, chapter 15 expanding the Elder and Dependent Adult Abuse Prevention Act PROPOSED BY: Senators Angel L. Bolques, Jr. and Marvin A. Blyden Be it enacted by the Legislature of the Virgin Islands: 1 SECTION 1. Title 34 Virgin Islands Code, chapter 15 is amended as follows: 2 (1) In section 461 by inserting the following new subsections (d) and (e): 3 “(d) After conducting a substantiated investigation indicating that an elder or 4 dependent adult is in imminent danger due to abuse, neglect, exploitation, or severe 5 mental health concerns, the Department of Human Services shall immediately request 6 assistance from the Department of Justice regarding potential legal matters. …

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COMMITTEE ON CULTURE, YOUTH, AGING, SPORTS AND PARKS 09/19/2025-AMENDED AND REPORTED OUT TO THE COMMITTEE ON RULES AND JUDICIARY BILL NO. 36-0099 Thirty-Sixth Legislature of the Virgin Islands June 24, 2025 An act amending title 34 Virgin Islands Code, chapter 15 expanding the Elder and Dependent Adult Abuse Prevention Act PROPOSED BY: Senators Angel L. Bolques, Jr. and Marvin A. Blyden Be it enacted by the Legislature of the Virgin Islands: 1 SECTION 1. Title 34 Virgin Islands Code, chapter 15 is amended as follows: 2 (1) In section 461 by inserting the following new subsections (d) and (e): 3 “(d) After conducting a substantiated investigation indicating that an elder or 4 dependent adult is in imminent danger due to abuse, neglect, exploitation, or severe 5 mental health concerns, the Department of Human Services shall immediately request 6 assistance from the Department of Justice regarding potential legal matters. The 7 Department of Human Services shall develop internal emergency response protocols that 8 include: 9 (1) Standardized risk assessment tools to identify imminent threats to 10 health or safety; 11 (2) Procedures for prioritizing and documenting cases requiring urgent 12 legal intervention; 13 2 (3) Coordination mechanisms with local law enforcement and medical 1 providers for emergency support; 2 (4) Defined timelines for protective order filings following confirmation of 3 imminent danger. The Department of Human Services may request the assistance 4 of any law enforcement officer to enforce or carry out any such court order. 5 (e) The Department of Human Services shall establish an Elder Anti Abuse 6 Multi-Disciplinary Team (MDT) to strengthen interagency coordination and improve 7 prevention and response strategies related to elder and dependent adult abuse. The MDT 8 must: 9 (1) Be composed of representatives from the Department of Human 10 Services, the Department of Justice, law enforcement agencies, certified medical 11 professionals, elder advocacy organizations; and Disability Rights Advocacy 12 Organizations; 13 (2) Meet at least quarterly, or more frequently as determined necessary by 14 the Department of Human Services, to review trends, evaluate high-risk cases, 15 develop protocols, and improve service coordination; 16 (3) Designate a chairperson from within its membership and adopt internal 17 procedures for convening, decision-making, and recordkeeping; 18 (4) Submit an annual public report to the Legislature no later than January 19 31 of each year, summarizing team activities, data on abuse reports, system gaps, 20 and policy recommendations; 21 (5) Maintain confidentiality of sensitive case information and comply with 22 all applicable federal and territorial privacy laws 23 (2) Section 468 is amended by inserting the following new subsections (e) and (f): 24 3 “(e) The Department of Justice shall establish, oversee, and manage an Elder 1 Abuse Registry listing individuals convicted under section 469, 470 and 470a of this 2 chapter. The registry must be maintained with appropriate safeguards to ensure secure 3 access to sensitive information and shall be used exclusively for employment screening, 4 law enforcement investigations, and public safety matters involving the elderly. The 5 Department shall establish rules for registry access, appeals, and updates. 6 (f) The Department of Human Services shall provide interagency support to the 7 Department of Justice in maintaining the Elder Abuse Registry. This support may 8 include: 9 (1) Sharing case referrals or substantiated findings involving elder or 10 dependent adult abuse; 11 (2) Providing non-confidential data for verification of convictions listed in 12 the registry; 13 (3) Assisting with outreach and education to long-term care providers, 14 employers, and advocacy organizations regarding the purpose and proper use of the 15 registry. The Department of Human Services shall have no authority over the 16 management, access protocols, or legal determinations associated with the Registry, 17 except as otherwise provided by law. 18 BILL SUMMARY 19 The bill amends title 34 Virgin Islands Code, chapter 15 to enhance timely response for 20 incidences involving the elderly and requires the Department of Human Services to develop an 21 Elder Anti-Abuse Multidisciplinary Team to respond in a timely manner to elder abuse 22 complaints. The bill also requires the Department of Human Services to request assistance 23 from the Department of Justice to obtain protective orders from the Superior Court of the Virgin 24 Islands. 25 4 BR25-0040/February 14, 2025/AA/Revised/June 17, 2025/AA 1 S:\AMENDS\36th Legislature\BOLQUES, JR., ANGEL L\Amendment 36-457\36-457 - 2 DRAFTED ON YELLOW.docx 3 S:\AMENDS\36th Legislature\BOLQUES, JR., ANGEL L\Amendment 36-449\36-449 - 4 DRAFTED ON YELLOW.docx 5