BILL ANALYSIS Ó
SENATE HUMAN
SERVICES COMMITTEE
Senator Carol Liu, Chair
BILL NO: SB 718
S
AUTHOR: Vargas
B
VERSION: March 29, 2011
HEARING DATE: April 26, 2011
7
FISCAL: Appropriations
1
8
CONSULTANT:
Park
SUBJECT
Elder abuse: mandated reporting
SUMMARY
Allows mandated reporters of elder and dependent adult
abuse to make reports through the Internet, as specified.
ABSTRACT
Existing law:
1.Under the Elder and Dependent Adult Civil Protection Act
(EADACPA), requires any mandated reporter Ýdefined as
any person who has assumed the care or custody of an
elder or dependent adult (compensated or not), 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] who, within the scope of his or her
employment or professional capacity, observes or has
knowledge of physical abuse, abandonment, abduction,
isolation, financial abuse, or neglect, or is told by an
Continued---
STAFF ANALYSIS OF SENATE BILL 718 (Vargas) Page
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elder or dependent adult, as defined, that he or she has
experienced abuse above, or reasonably suspects abuse,
to report the known or suspected abuse by telephone
immediately, or as soon as practicably possible, and by
written report sent within two working days, to
appropriate parties, as specified below.
a. For abuse that has occurred in a long-term care
facility, except a state developmental center or
state mental health hospital, requires the mandated
reporter to make a report to the local ombudsperson
or the local law enforcement agency.
b. For suspected or alleged abuse occurring in a
state mental hospital or state developmental center,
requires the report to be made to the Department of
Mental Health or the Department of Developmental
Services, or to the local law enforcement agency.
c. For abuse that occurs any place other than what is
described above, requires the report to be made to
the adult protective services agency or the local law
enforcement agency.
1.Requires the local ombudsperson or the local law
enforcement agency to, as soon as practicable, except
immediately in the case of an emergency, report known or
suspected abuse, as specified.
2.Provides that when two or more mandated reporters are
present and have knowledge or reasonably suspect types
of abuse, and are agreed, a Ýsingle] telephone report
may be made and a single Ýwritten] report may be made.
3.Separately, requires any mandated reporter of suspected
financial abuse of an elder or dependent adult, defined
as all officers and employees of financial institutions,
under prescribed circumstances, to report known or
suspected instance of financial abuse by telephone
immediately, or as soon as practicably possible, and by
written report sent within two working days to the local
adult protective services agency or local law
enforcement agency. If the mandated reporter knows that
the elder or dependent adult resides in a long-term care
facility, as defined, requires the report to be made to
the local ombudsman or local law enforcement agency.
Allows joint reports to be made, similar to 3) above.
STAFF ANALYSIS OF SENATE BILL 718 (Vargas) Page
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Sunsets these particular provisions on January 1, 2013.
4.Requires a telephone report to include the name of the
person making the report, the name and age of the elder
or dependent adult, the present location of the elder or
dependent adult, the names and addresses of family
members or any other adult responsible for the elder or
dependent adult's care, the nature and extent of the
elder or dependent adult's condition, the date of the
incident, and any other information including
information that led the person to suspect abuse, as
requested by the agency receiving the report.
5.Requires written abuse reports to be submitted on forms
adopted by DSS, and requires county adult protective
services agencies and long-term care ombudsman programs
to distribute these forms, and allows the reporting form
to also be used for documenting telephone reports by the
county adult protective services agency, local ombudsman
program, and local law enforcement agencies.
6.Requires the form to contain the following items: the
name, address, telephone number, and occupation of the
reporting person; the name and address of the victim;
the date, time, and place of the incident; other
details, including the reporter's observations and
beliefs concerning the incident; any statement relating
to the incident made by the victim; the name of any
individuals believed to have knowledge of the incident;
the name of the individuals believed to be responsible
for the incident and their connection to the victim.
7.Requires county adult protective services agencies and
long-term care ombudsman programs to make specified
reports on the written abuse reports it receives.
This bill:
1.Allows mandated reporters to report known or suspected
abuse by Internet, in addition to telephone as current
law allows, and requires an Internet report to contain
the same information elements as a telephone report.
2.Allows a written abuse report that is currently required
as a follow-up to the telephone report to be submitted
STAFF ANALYSIS OF SENATE BILL 718 (Vargas) Page
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through a confidential Internet reporting tool, if the
county or long-term care ombudsman program chooses to
implement such a system. Requires the confidential
Internet reporting tool to contain the same information
elements as the written abuse report.
3.Makes related and other technical changes.
FISCAL IMPACT
Unknown.
BACKGROUND AND DISCUSSION
Author's statement
The author states that the County of San Diego, adult
protective services agency, currently receives reports of
suspected abuse from mandated reporters and from members of
the community on the same phone line, and, due to the high
volume of callers, there can be a lengthy wait before a
call is answered. The author states that there is some
concern that, due to the long wait, members of the
community who are not required to report, may hang up and
not report the abuse, which could leave seniors and
dependent adults at further risk of abuse.
The author further notes that, in fiscal year 2008-09, the
state reduced local assistance funding for the adult
protective services program by $11.4 million statewide,
representing a 10 percent reduction to the program, which
had not received an increase related to the cost of doing
business since 2001. The author points out that, because
San Diego County reduced its staff who answer such calls by
four positions, wait times have increased and the percent
of calls that are abandoned has also increased. The author
provides statistics that show that the Department of Aging
and Independent Services (AIS) at the San Diego County
Health and Human Services Agency has experienced a
significant increase in the total number of calls, the
number of abandoned calls, and the average "abandoned
time."
Related legislation
SB 33 (Simitian) of 2011 deletes the January 1, 2013,
STAFF ANALYSIS OF SENATE BILL 718 (Vargas) Page
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sunset date on the Elder and Dependent Adult Financial
Abuse Reporting Act, originally enacted in 2005. Pending
action on the Senate Floor.
AB 40 (Yamada) of 2011 requires mandated reporters of elder
or dependent adult abuse and financial abuse to report
suspected or known instances of elder or dependent adult
abuse, which is believed to have occurred in a long-term
care facility, to both the Long-Term Care Ombudsman (LTCO)
and local law enforcement (rather than one or the other as
current law requires). Set to be heard in Assembly Public
Safety on May 3, 2011.
AB 367 (Smyth) of 2011 allows mandated and non-mandated
reporters of elder and dependent adult abuse to report
suspected elder and dependent adult abuse occurring within
a community to any adult protective services agency or law
enforcement agency, regardless of whether the agency lacks
geographical or subject matter jurisdiction or obligation
to receive the report. Pending hearing in the Assembly
Committee on Aging and Long-Term Care.
AB 518 (Wagner) of 2011 is nearly identical to SB 33
(Simitian). Set to be heard in Assembly Public Safety on
April 26, 2011.
Arguments in support
The County of San Diego, the sponsor of this measure,
believes that, by allowing mandated reporters the option to
file reports of suspected abuse through a secure electronic
Web referral system, the number of telephone reporters
could be reduced by half, thus reducing wait times for
phone reporting and the number of abandoned calls. The
county notes that the number of callers that hung up while
waiting to report abuse has grown by 50 percent since
fiscal year 2007-08.
The San Diego County District Attorney writes that San
Diego County handles approximately 9,000 cases of elder and
dependent adult abuse each year, and that confidential
Internet reporting would give mandated reporters an
additional tool for curtailing abuse of elders and
dependent adults. The San Diego County Sheriff's
Department states that, due to state cuts, deputies are
forced to spend valuable staff time waiting on hold to
report abuse, and such a tool would allow deputies to
STAFF ANALYSIS OF SENATE BILL 718 (Vargas) Page
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fulfill their duties as mandated reporters, while allowing
them to devote their time to other crucial aspects of
public safety.
The California State Association of Counties writes that
this measure would help counties ensure the safety and
financial security of elder Californians and make it easier
for mandated reporters to submit a report of suspected
abuse.
QUESTIONS & COMMENTS
1. Recommended amendments.
a. In order to clarify that the Internet reporting
mechanism is strictly tied to the confidential
Internet reporting tool, staff recommends the
following amendments.
Page 2, lines 17-20:
7 (b) (1) Any mandated reporter who, in his
or her professional
8 capacity, or within the scope of his or her
employment, has
9 observed or has knowledge of an incident that
reasonably appears
10 to be physical abuse, as defined in Section
15610.63 of the Welfare
11 and Institutions Code, abandonment, abduction,
isolation, financial
12 abuse, or neglect, or is told by an elder or
dependent adult that he
13 or she has experienced behavior, including an
act or omission,
14 constituting physical abuse, as defined in
Section 15610.63 of the
15 Welfare and Institutions Code, abandonment,
abduction, isolation,
16 financial abuse, or neglect, or reasonably
suspects that abuse, shall
17 report the known or suspected instance of abuse
by telephone or through a confidential
18 Internet reporting tool, authorized pursuant to
Section 15658, immediately or as soon as practicably
STAFF ANALYSIS OF SENATE BILL 718 (Vargas) Page
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possible . , and, if If
19 reported by telephone, a written report must be
sent or an Internet report, made through the
confidential Internet reporting tool authorized
pursuant to Section 15658, must be submitted by
written report or by Internet report sent
20 within two working days, as follows:
21 (A) If the abuse has occurred in a long-term
care facility, except
22 a state mental health hospital or a state
developmental center, the
23 report shall be made to the local ombudsperson
or the local law
24 enforcement agency. Ý?]
Page 5-6, lines 38-17:
38 (d) When two or more mandated reporters are
present and jointly
39 have knowledge or reasonably suspect that types
of abuse of an
40 elder or a dependent adult for which a report is
or is not mandated
1 have occurred, and when there is agreement among
them, the
2 telephone report or Internet report , as
authorized pursuant to Section 15658, may be made by a
member of the team
3 selected by mutual agreement, and a single
report may be made
4 and signed by the selected member of the
reporting team. Any
5 member who has knowledge that the member
designated to report
6 has failed to do so shall thereafter make the
report.
7 (e) A telephone or Internet report ,
authorized pursuant to Section 15658, of a known or
suspected
8 instance of elder or dependent adult abuse shall
include, if known,
9 the name of the person making the report, the
name and age of the
10 elder or dependent adult, the present location
of the elder or
11 dependent adult, the names and addresses of
STAFF ANALYSIS OF SENATE BILL 718 (Vargas) Page
8
family members or
12 any other adult responsible for the elder's or
dependent adult's
13 care, the nature and extent of the elder's or
dependent adult's
14 condition, the date of the incident, and any
other information,
15 including information that led that person to
suspect elder or
16 dependent adult abuse, as requested by the
agency receiving the
17 report.
Page 8, lines 3-31:
3 (d) (1) Any mandated reporter of suspected
financial abuse of
4 an elder or dependent adult who has direct
contact with the elder
5 or dependent adult or who reviews or approves
the elder or
6 dependent adult's financial documents, records,
or transactions,
7 in connection with providing financial services
with respect to an
8 elder or dependent adult, and who, within the
scope of his or her
9 employment or professional practice, has
observed or has
10 knowledge of an incident, that is directly
related to the transaction
11 or matter that is within that scope of
employment or professional
12 practice, that reasonably appears to be
financial abuse, or who
13 reasonably suspects that abuse, based solely on
the information
14 before him or her at the time of reviewing or
approving the
15 document, record, or transaction in the case of
mandated reporters
16 who do not have direct contact with the elder or
dependent adult,
17 shall report the known or suspected instance of
financial abuse by
18 telephone or through a confidential Internet
STAFF ANALYSIS OF SENATE BILL 718 (Vargas) Page
9
reporting tool, authorized pursuant to Section 15658,
immediately, or as soon as practicably
19 possible . , and, if If reported by telephone, a
written report must be sent or an Internet report,
made through the confidential Internet reporting tool
authorized pursuant to Section 15658, must be
submitted by written report or by
20 Internet report sent within two working days to
the local adult
21 protective services agency or the local law
enforcement agency.
22 (2) When two or more mandated reporters
jointly have
23 knowledge or reasonably suspect that financial
abuse of an elder
24 or a dependent adult for which the report is
mandated has occurred,
25 and when there is an agreement among them, the
telephone report or
26 Internet report , as authorized pursuant to
Section 15658, may be made by a member of the
reporting team
27 who is selected by mutual agreement. A single
report may be made
28 and signed by the selected member of the
reporting team. Any
29 member of the team who has knowledge that the
member
30 designated to report has failed to do so shall
thereafter make that
31 report.
a. In order to ensure that the confidential Internet
reporting tool meets all the requirements for
confidentiality and privacy that apply to non-Internet
reporting, and in order to better understand whether
there are any deterrents or risks in using such a
tool, staff recommends the amendments below:
Page 10, lines 23-25:
23 (2) Through a confidential Internet
reporting tool, if the county
24 or long-term care ombudsman program chooses to
implement such
25 a system.
STAFF ANALYSIS OF SENATE BILL 718 (Vargas) Page
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(a) A county or long-term care ombudsman program
that chooses to implement such a system shall report
to the policy committees of the Senate and the
Assembly one year after full implementation the
changes in the number of mandated reporters reporting
through a confidential Internet reporting tool,
changes in the number of abandoned calls, and any
other quantitative or qualitative data that indicates
the success, or lack thereof, in employing a
confidential Internet reporting tool to better protect
the safety and financial security of elder and
dependent adults.
(b) Information sent and received through the
confidential Internet reporting tool shall be used
only for its intended purpose and subject to the same
confidentiality and privacy requirements that govern
non-electronic transmission of the same information.
POSITIONS
Support: County of San Diego (sponsor)
AARP
Alzheimer's Association
California District Attorneys Association
California State Association of Counties
California State Sheriffs' Association
City of Carlsbad Police Department,
Investigations Division
San Diego County Sheriff's Department
San Diego County District Attorney
3 individuals
Oppose:None received
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