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 Page 2 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 AB 367 Page 3 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 AB 367 Page 4 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