HB1678 Summary

• Defines "relative" for endangered adults, impaired adults, and wards to include spouse, child, grandchild, parent, grandparent, or sibling.

• Allows relatives to petition courts for reasonable visitation with endangered adults or impaired adults if the Department of Human Services is unreasonably interfering with or denying visitation.

• Establishes that visitation is presumed to be in the best interest of the endangered or impaired adult unless the Department proves by preponderance of evidence that the petitioner abused/maltreated the adult or that visitation would be harmful.

• Requires courts to impose reasonable restrictions on visitation, permit visitation only at placement locations, and make petitioners responsible for transportation and supervision costs.

• Allows courts to impose filing costs and attorney's fees on the Department if it unreasonably denied visitation and opposed the petition in bad faith; bars new petitions for one year unless material change in circumstances occurs.