Health and Community Services
April 5, 2011
Further Protections for Vulnerable Adults Introduced in House of Assembly
The system for protection of vulnerable adults in Newfoundland and Labrador will be enhanced with the new Adult Protection Act that was introduced in the House of Assembly today by the Honourable Jerome Kennedy, Minister of Health and Community Services. The new legislation will replace the Neglected Adults Welfare Act which is 38 years old and has had few amendments since its original proclamation.
“The new act will ensure our government continues to support our most vulnerable adult population, while at the same time balancing an individual’s right to make his or her own decisions with the overall protection of that individual,” said Minister Kennedy. “This adult protection legislation will establish a more efficient and modern response to adults who are unable to protect themselves from neglect or abuse.”
The purpose of the act is to protect adults who are incapable of caring properly for themselves; refuse, or are unable, to make decisions for care on their own behalf; and, who are not currently receiving proper care and attention.
Some of the key changes in the current legislative structure are:
- The inclusion of a definition of abuse that allows the Regional Health Authorities to investigate suspected cases of abuse involving vulnerable adults, including physical, psychological, emotional and financial abuse;
- Emphasis is placed on an individual making his or her own decisions where possible;
- To provide an efficient and timely response to reports that an adult may be in need of protection, there is a requirement that an evaluation be completed within five days of receiving a report that it is suspected that an adult is in need of protective intervention. The act provides specific powers to facilitate investigations;
- Provisions to permit Regional Health Authorities to intervene more quickly in emergency situations to reduce the risk of leaving an individual in a dangerous circumstance;
- Provisions for mandatory, regular reviews of the situation and services provided to an adult declared to be in need of protective intervention;
- An increase in the penalties associated with violating the act. Those found guilty can face a fine of up to $10,000 and imprisonment not exceeding one year. The current act includes a penalty of $200 and up to two months imprisonment; and,
- The act requires anyone who believes an adult may be in need of protective intervention to report that information to a social worker or police officer.
“The new Adult Protection Act outlines the responsibilities of the Regional Health Authorities to take action to protect a vulnerable adult who is neglected or abused. It recognizes that the best interests of the adult are the paramount consideration in an intervention to assist or protect a vulnerable adult,” added Minister Kennedy.
Last year, the Provincial Government held a series of consultations throughout the province. There was strong support expressed for a new act and in particular for clarifying the roles and responsibilities of the various groups which work to protect vulnerable adults. Feedback from those sessions helped inform the new Adult Protection Act.
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Media contact:
Jennifer Tulk
Director of Communications
Department of Health and Community Services
729-1377, 699-6524
JenniferTulk@gov.nl.ca
2011 04 05
2:45 p.m.