BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 367
                                                                  Page  1

          Date of Hearing:   March 22, 2011
          Chief Counsel:      Gregory Pagan


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Tom Ammiano, Chair

                  AB 367 (Smyth) - As Introduced:  February 14, 2011


                                       REVISED


           SUMMARY  :   Requires a county adult protective services agency or 
          local law enforcement agency to accept a report of suspected 
          elder or dependent adult abuse even if the agency to which the 
          report is being made lacks jurisdiction, as specified.  
          Specifically,  this bill  :  

          1)Allows a report of suspected elder or dependent adult abuse to 
            be made to any county adult protective agency or local law 
            enforcement agency.

          2)Requires a county adult protective services agency or local 
            law enforcement agency to accept a report of suspected elder 
            or dependent adult abuse even if the agency to which the 
            report is being made lacks subject matter or geographical 
            jurisdiction unless the agency can immediately transfer the 
            call or report to an agency with proper jurisdiction.

          3)Provides that if a county adult protective or local law 
            enforcement agency accepts a report about suspected elder or 
            dependent adult abuse in which that agency lacks jurisdiction, 
            the agency shall immediately refer the case by telephone, 
            facsimile, or electronic transmission to a county adult 
            protective services agency or a local law enforcement agency 
            with proper jurisdiction.

           EXISTING LAW  :

          1)Requires any mandated reporter under the Elder and Dependent 
            Adult Civil Protection Act (EADACPA) who, within the scope of 
            his or her employment, observes, has knowledge of physical 
            abuse, financial abuse or neglect, or is told by an elder or 
            dependent adult that he or she has experienced abuse, or 








                                                                  AB 367
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            reasonably suspects abuse, to immediately report the known or 
            suspected abuse, as specified.  ÝWelfare and Institutions Code 
            (WIC) Section 15630(b)(1).] 
           
          2)Defines a "mandated reporter" as any person who has assumed 
            the care or custody of an elder or dependent adult, including 
            administrators, supervisors, or licensed staff of a public or 
            private facility that provides care to elder or dependent 
            adults, elder or dependent adult care custodian, health 
            practitioner, clergy member, employee of county adult 
            protective services, or a local law enforcement agency.  ÝWIC 
            Section 15630(a)(1).]

          3)Provides that failure to report elder abuse under the mandated 
            reporting requirements is a misdemeanor, punishable by 
            imprisonment in the county jail not to exceed six months; by a 
            fine of not more than $1,000; or by both.  Failure to report 
            abuse that results in a death or great bodily injury shall be 
            punished by imprisonment in the county jail not to exceed one 
            year; by a fine not to exceed $5,000; or by both.  ÝWIC 
            Section 15630(h).]  

          4)Provides that an elder is any person who is 65 years of age or 
            older.  ÝPenal Code Section 368(h).]

          5)Defines "dependent adult" as any person between the ages of 18 
            and 64 who has physical or mental limitations which restrict 
            his or her ability to carry out normal activities or to 
            protect his or her rights including, but not limited to, 
            persons who have physical or developmental disabilities or 
            whose physical or mental abilities have diminished because of 
            age.  ÝPenal Code Section 368(h).]

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  :  According to the author, "This bill is a 
            simple fix that eases the reporting burden on mandated 
            reporters and others in cases of suspected elder abuse.  While 
            a mandated reporter has a duty to report suspected abuse to 
            the adult protective services agency or the local law 
            enforcement agency, the reporters may be sent from agency to 
            agency, forced to navigate local and county bureaucracies.  
            This confusion presents an unnecessary and burdensome 








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            obstruction for reporters who simply want to do the right 
            thing.

          "AB 367 solves for this problem by requiring county adult 
            protective services agencies and local law enforcement to 
            accept a report, regardless of jurisdiction, and immediately 
            forward the report to the correct agency so action can be 
            taken to protect these vulnerable members of society."

           2)Background Supplied by Author  :  According to the author, this 
            bill eases "the reporting process in cases of suspected elder 
            abuse.  When reporting a case of elder or dependent adult 
            abuse, a reporter may be sent from agency to agency and forced 
            to navigate local and county bureaucracies.  For example, if 
            the abuser lives out of the area or if the investigation will 
            be conducted out of the area, a mandated reporter is forced to 
            expend time and resources tracking down the authority with 
            proper jurisdiction.  In some cases, a mandated report will be 
            told (incorrectly) he or she needs to call another state, 
            placing that reporter in jeopardy for breaching 
            confidentiality since the same circumstances may not be 
            reportable in other states.  This confusion presents an 
            unnecessary and burdensome obstruction for reporters who 
            simply want to do the right thing.

          "This bill solves this problem by requiring county adult 
            protective services agencies and local law enforcement to 
            accept a report regardless of jurisdiction, and immediately 
            forward the report to the correct agency so action can be 
            taken to protect these vulnerable members of society."

           3)Argument in Support  :   According to the  California Association 
            of Marriage and Family Therapists  , "The EADACPA establishes 
            various procedures for the reporting, investigation, and 
            prosecution of elder and dependent adult abuse.  The act 
            requires certain persons, including Marriage and Family 
            Therapists, to report unknown or suspected instances of elder 
            or dependent adult abuse.

          "This bill is intended to address two of the critical 
            shortcomings of the Act.  This bill would require county adult 
            protective services agency or local law enforcement agency to 
            accept a report by a mandated reporter, or any other person, 
            of suspected elder or dependent adult abuse even if the agency 
            lacks jurisdiction to investigate the report.  The bill also 








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            requires a county adult protective services agency or a local 
            law enforcement agency that lacks jurisdiction to immediately 
            refer the report of suspected abuse to an agency with the 
            proper jurisdiction."

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          American Association of Retired Persons
          California Association of Marriage and Family Therapists
          California Senior Legislature

           Opposition 
           
          None
           

          Analysis Prepared by  :    Gregory Pagan / PUB. S. / (916) 
          319-3744