BILL ANALYSIS Ó
SB 718
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Date of Hearing: June 21, 2011
ASSEMBLY COMMITTEE ON AGING AND LONG-TERM CARE
Mariko Yamada, Chair
SB 718 (Vargas) - As Amended: May 24, 2011
SENATE VOTE : 38-0
SUBJECT : Elder and dependent adult abuse: mandated reporting.
SUMMARY : Allows counties or the Ombudsman, to voluntarily
adopt a secure and confidential electronic elder and dependent
adult abuse reporting system which would manage the transfer of
information otherwise contained in telephonic initial phone
abuse reports, or subsequent written abuse reports. The bill
also calls for reports to legislative committees on changes in
the numbers of reports, numbers of dropped calls, and other
criteria which would demonstrate success, or a lack thereof, of
an electronic abuse reporting mechanism. Specifically, this
bill :
1)Creates an option for "mandated reporters" (WIC 15630) to
either report telephonically (as they do under current law)
their initial, immediate report to Adult Protective Services
(APS), Ombudsman, or law enforcement, or to report through a
confidential internet reporting tool, instead of
telephonically, to APS, Ombudsman, or law enforcement.
2)Creates an option for "mandated reporters of financial abuse"
(WIC 15630.1) to report telephonically (as they do under
current law) their initial immediate report to APS, Ombudsman,
or law enforcement, or report through a confidential internet
reporting tool, instead of telephonically, to APS, Ombudsman,
or law enforcement.
3)If the mandated reporter chooses to make their immediate,
initial report via the confidential internet electronic
reporting tool, they are relieved of making any further
report. If the mandated reporter chooses to make their
immediate, initial report via telephone their obligation to
make a follow-up written report remains, but they have the
option to make their written report in writing, or through a
confidential internet reporting tool.
4)Provides for an internet reporting tool developed and
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implemented in a manner that ensures the confidentiality and
security of all information contained in the reports.
5)Requires counties and Ombudsman programs that use confidential
internet reporting tools to report to appropriate legislative
committees, criteria that will help the Legislature determine
whether internet reporting of elder abuse is successful.
EXISTING LAW
1)Defines a "mandated reporter" as any person who has assumed
the care or responsibility of an elder, or the care or
responsibility for "dependent adults," as well as,
administrators, supervisors and licensed staff in care
facilities, health care providers, the clergy, APS staff and
law enforcement.
2)Defines "mandated reporter of suspected financial abuse of an
elder or dependent adult" as an officer or employee of a
financial institution.
3)Defines "physical abuse," "abandonment," "abduction,"
"isolation," "financial abuse and neglect" for purposes of
elder and dependent adult abuse reporting.
4)Requires mandated reporters to report physical abuse,
abandonment, abduction, isolation, financial abuse or neglect
via telephone, and as soon as practicable, but not less than
48 hours later, in writing.
5)Requires mandated reporters to report to the local APS agency
or local law enforcement when the abuse, abandonment,
abduction, isolation, financial abuse or neglect occurs in the
community.
6)Requires mandated reporters to report to the local ombudsman
office or law enforcement if abuse, abandonment, abduction,
isolation, financial abuse or neglect occurred in a long-term
care facility.
7)Provides that failure to report elder abuse under the mandated
reporting requirements is a misdemeanor, and punishable by up
to six months in a county jail, by a fine of up to $1,000, or
both. Failure to report abuse that results in a death or
great bodily injury may result in up to one year in a county
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jail, a fine of up to $5,000, or both.
8)Defines an elder as any person residing in this state who is
65 years of age or older.
9)Defines "dependent adult" as any person between the ages of 18
and 64 who resides in this state and who has physical or
mental limitations that restrict his or her ability to carry
out normal activities or to protect his or her rights, such
as: persons who have physical or developmental disabilities or
whose physical or mental abilities have diminished because of
age.
FISCAL EFFECT : SB 718 was passed out of Senate Appropriations
Committee under Senate Rule 28.8: (Any bill referred to the
Committee on Appropriations pursuant to Joint Rule 10.5 that
does not appropriate money may not be set for hearingand shall,
along with any non-substantive amendments, promptly be reported
to the Senate with the recommendation it be placed on second
reading if the chair of the committee determines that (a) any
additional state costs are not significant and do not and will
not require the appropriation of additional state funds, and (b)
the bill will cause no significant reduction in revenues.)
COMMENTS : California's population is shifting rapidly. In
addition to California's population of adults living with
disability, nearly 4 million Californians are now over the age
of 65, and are potential subjects of California's elder and
dependent adult abuse reporting statutes. By 2030 this number
65+ Californians will grow to nearly 8 million. Reduced county
budgets and the growth in California's aging population are
conspiring to frustrate the efforts of mandated reporters of
elder and dependent adult abuse. Counties which field the phone
calls mandated by state law are reporting longer and longer wait
times which may be contributing to an increased number of
dropped calls, and potentially lost opportunities to protect
vulnerable adults. Testimony at a recent Assembly Aging and
Long-Term Care Committee hearing indicates that the minimum wait
time for mandated reporters reporting abuse to the San Diego
County APS office is roughly 20 minutes, and is fast becoming
counterproductive as dropped calls may be translating to lost
opportunities for APS, Ombudsman and law enforcement to
intervene and protect vulnerable adults.
Proposed Amendments
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Staff recommends the following clarifying amendments to SB 718:
Amendment #1: Section 3 of SB 718 deals with WIC section 15658
which describes the forms used for reporting elder and dependent
adult abuse to the Department of Social Services. SB 718 amends
this codes section to accommodate secure and confidential
internet reporting of elder and dependent adult abuse, and to
request a report to appropriate legislative policy committees
one year after full implementation. Staff recommends amendments
that would specify the committees within the legislature to
which those reports would be referred.
On Page 11, lines 3-12, amend as follows:
(A) A county or long-term care ombudsman program that chooses to
implement this system shall report to the Assembly Committee on
Aging and Long-Term Care, the Assembly and Senate committees on
Human Services and the Assembly and Senate committees on Public
Safety appropriate policy committees of the Legislature one year
after full implementation. The report shall include changes in
the number of mandated reporters reporting through the
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.
REGISTERED SUPPORT / OPPOSITION :
Support
Alzheimer's Association of California
California Association of Marriage and Family Therapists (CAMFT)
California Long-Term Care Ombudsman Association (CLTCOA)
California State Association of Counties (CSAC)
California State Sheriff's Association (CSSA)
Sacramento County Board of Supervisors
San Diego County
San Diego County Sheriff's Department
Santa Clara County Board of Supervisors
Urban Counties Caucus
Opposition
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None on file.
Analysis Prepared by : Robert MacLaughlin / AGING & L.T.C. /
(916) 319-3990