D.C. Law 21-199. Adult Protective Services Amendment Act of 2016.

AN ACT

To amend the Adult Protective Services Act of 1984 to allow a court-appointed representative of an adult in need of protective services or an adult in need of protective services or his or her legal representative to gain access to the reports and investigative information contained in the adult in need of protective services' record to the extent permitted by District or federal law or regulation, and to provide for the protection of the identity of the reporters and witnesses contained in the reports or investigative information.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Adult Protective Services Amendment Act of 2016".

Sec. 2. The Adult Protective Services Act of 1984, effective March 14, 1985 (D.C. Law 5-156; D.C. Official Code § 7-1901 et seq.), is amended as follows:

(a) Section 4(d)(1) (D.C. Official Code § 7-1903(d)(1)), is amended as follows:

(1) Subparagraph (A) is amended by striking the phrase ", or to the court-appointed representative of an adult in need of protective services".

(2) Subparagraph (C) is amended by striking the phrase "; or" and inserting a semicolon in its place.

(3) Subparagraph (D) is amended by striking the period and inserting the phrase ";or" in its place.

(4) A new subparagraph (E) is added to read as follows:

"(E) To a court-appointed representative of an adult in need of protective services or an adult in need of protective services or his or her legal representative, upon receipt of a verbal or written request for access to reports and investigative information, including health information; provided, that:

"(i) The Department shall release reports and investigative information under this subparagraph only to the extent permitted by District or federal law or regulation; and

"(ii) The Department shall not release under this subparagraph:

"(I) The identity and other personal information of reporters, witnesses, and interviewees, other than interviewees who are District government employees;

"(II) Other information which could reasonably be used to identify a reporter, witness, or interviewee, other than an interviewee who is a District government employee;

"(III) Psychotherapy and personal notes; and

"(IV) Information compiled in reasonable anticipation of, or for use in, a civil, criminal, or administrative action or proceeding.".

(b) Section 10 (D.C. Official Code § 7-1909) is amended by adding a new subsection (c) to read as follows:

"(c) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue rules to implement the provisions of the Adult Protective Services Amendment Act of 2016, passed on 2nd reading on November 15, 2016 (Enrolled version of Bill 21-582). ".

Sec. 3. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 4. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.