Sec. 12. Protecting Americans with dementia
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/bill/116/s/4182/is/section-12A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 101(b) of the Elder Abuse Prevention and Prosecution Act ( 34 U.S.C. 21711(b) ) is amended— by redesignating subparagraphs (A), (B), and
(C)of paragraph
(2)as clauses (i), (ii), and (iii), respectively, and adjusting the margin accordingly; by redesignating paragraphs (1), (2), and
(3)as subparagraphs (A), (B), and (C), respectively, and adjusting the margin accordingly; by striking Not later than and inserting the following: Not later than ; in paragraph (1)(B), as so redesignated— in clause (ii), by inserting , including witnesses who have Alzheimer’s disease and related dementias after other legal issues ; and in clause (iii), by striking elder abuse cases, and inserting elder abuse cases (including victims and witnesses who have Alzheimer’s disease and related dementias), ; and by adding at the end the following: In creating or compiling replication guides and training materials under paragraph (1)(B), the Elder Justice Coordinator shall consult with the Secretary of Health and Human Services, State, local, and Tribal adult protective services, aging, social, and human services agencies, Federal, State, local, and Tribal law enforcement agencies, and nationally recognized nonprofit associations with relevant expertise, as appropriate. The Elder Justice Coordinator shall— review the best practices identified and replication guides and training materials created or compiled under paragraph (1)(B) to determine if the replication guides or training materials require updating; and perform any necessary updating of the replication guides or training materials. . The amendments made by subparagraph
(A)shall— take effect on the date of enactment of this Act; and apply on and after the date that is 1 year after the date of enactment of this Act. Section 101(c)(2) of the Elder Abuse Prevention and Prosecution Act ( 34 U.S.C. 21711(c)(2) ) is amended— by redesignating subparagraphs
(A)through
(D)as clauses
(i)through (iv), respectively, and adjusting the margin accordingly; by striking a report detailing and inserting the following: “a report— detailing ; and by adding at the end the following: with respect to the report by the Attorney General, including a link to the publicly available best practices identified under subsection (b)(1)(B) and the replication guides and training materials created or compiled under such subsection. . The amendments made by subparagraph
(A)shall apply with respect to the report under section 101(c)(2) of the Elder Abuse Prevention and Prosecution Act ( 34 U.S.C. 21711(c)(2) ) submitted during the second year beginning after the date of enactment of this Act, and each year thereafter. Section 2042(c) of the Social Security Act ( 42 U.S.C. 1397m–1(c) ) is amended— in paragraph (1), by striking paragraph (2)(E) and inserting subparagraphs (E), (F), (G), and
(H)of paragraph
(2); in paragraph (2)— in the matter preceding subparagraph (A)— by striking Funds and inserting Subject to paragraph (7), funds ; and by striking subparagraph
(E)and inserting subparagraphs (E), (F), (G), and
(H); in subparagraph (E), by striking or at the end; by redesignating subparagraph
(F)as subparagraph (I); and by inserting after subparagraph
(E)the following new paragraphs: methods to assess State guardianship statistics such as the creation of State databases to collect information about the number and characteristics of guardianship arrangements, guardians, and individuals subject to guardianship; the use of trained court visitors to improve court administration of guardianship arrangements, including the appointment and oversight of guardians; methods for collecting, storing, and making available to the appropriate individuals, organizations, and entities information on prospective, current, and previously appointed guardians, which may include— contact and identifying information; information relating to background check investigations; court decisions regarding petitions for appointment as a guardian, including the rationale for such decisions; and information relating to the cause for removal of the guardian or termination of the guardianship arrangement; or ; in paragraph (4), by striking paragraph (2)(E) and inserting subparagraphs (E), (F), (G), and
(H)of paragraph
(2); in paragraph (5), by striking paragraph (2)(E) each place it appears and inserting subparagraphs (E), (F), (G), and
(H)of paragraph
(2); and by adding at the end the following new paragraph: The Secretary shall ensure that up to 5 percent of the total of any funds made available to carry out this subsection in a fiscal year (beginning with fiscal year 2020) is awarded under grants to the highest courts of States for purposes of conducting demonstration programs described in subparagraphs (E), (F), (G), and
(H)of paragraph (2). .
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- 42 USC 1397m–1(c)
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