AB 477, as introduced, Chau. Elder and dependent adult abuse: mandated reporting.
Existing law, the Financial Elder Abuse Reporting Act of 2005, establishes procedures for the reporting of suspected financial abuse of an elder or dependent adult, as defined. These procedures require mandated reporters of suspected financial abuse of an elder or dependent adult, as defined, to report known or suspected instances of financial abuse of an elder or dependent adult. Existing law makes a violation of the reporting requirements subject to a civil penalty.
This bill would include notaries public in the definition of mandated reporters of suspected financial abuse of an elder or dependent adult.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 15630.1 of the Welfare and Institutions
2Code is amended to read:
(a) As used in this section, “mandated reporter of
4suspected financial abuse of an elder or dependent adult” means
P2 1all officers and employees of financial institutionsbegin insert and notaries
2publicend insert.
3(b) As used in this section, the term “financial institution” means
4any of the following:
5(1) A depository institution, as defined in Section 3(c) of the
6Federal Deposit Insurance Act (12 U.S.C. Sec. 1813(c)).
7(2) An institution-affiliated party, as defined in Section 3(u) of
8the Federal Deposit Insurance Act (12 U.S.C. Sec. 1813(u)).
9(3) A federal credit union or state credit union, as defined in
10Section 101 of the Federal Credit Union Act (12 U.S.C. Sec. 1752),
11including, but not limited to, an institution-affiliated party of a
12credit union, as defined in Section 206(r) of the Federal Credit
13Union Act (12 U.S.C. Sec. 1786(r)).
14(c) As used in this section, “financial abuse” has the same
15meaning as in Section 15610.30.
16(d) (1) Any mandated reporter of suspected financial abuse of
17an elder or dependent adult who has direct contact with the elder
18or dependent adult or who reviews or approves the elder or
19dependent adult’s financial documents, records, or transactions,
20in connection with providing financial servicesbegin insert or notary servicesend insert
21
with respect to an elder or dependent adult, and who, within the
22scope of his or her employment or professional practice, has
23observed or has knowledge of an incident, that is directly related
24to the transaction or matter that is within that scope of employment
25or professional practice, that reasonably appears to be financial
26abuse, or who reasonably suspects that abuse, based solely on the
27information before him or her at the time of reviewing or approving
28the document, record, or transaction in the case of mandated
29reporters who do not have direct contact with the elder or dependent
30adult, shall report the known or suspected instance of financial
31abuse by telephone or through a confidential Internet reporting
32tool, as authorized pursuant to Section 15658, immediately, or as
33soon as practicably possible. If reported by telephone, a written
34report shall be sent, or an Internet report shall be made through
35the confidential Internet reporting tool established in Section
3615658, within two working
days to the local adult protective
37services agency or the local law enforcement agency.
38(2) When two or more mandated reporters jointly have
39knowledge or reasonably suspect that financial abuse of an elder
40or a dependent adult for which the report is mandated has occurred,
P3 1and when there is an agreement among them, the telephone report
2or Internet report, as authorized by Section 15658, may be made
3by a member of the reporting team who is selected by mutual
4agreement. A single report may be made and signed by the selected
5member of the reporting team. Any member of the team who has
6knowledge that the member designated to report has failed to do
7so shall thereafter make that report.
8(3) If the mandated reporter knows that the elder or dependent
9adult resides in a long-term care facility, as defined in Section
1015610.47, the report shall be made to the local ombudsman or local
11law
enforcement agency.
12(e) An allegation by the elder or dependent adult, or any other
13person, that financial abuse has occurred is not sufficient to trigger
14the reporting requirement under this section if both of the following
15conditions are met:
16(1) The mandated reporter of suspected financial abuse of an
17elder or dependent adult is aware of no other corroborating or
18independent evidence of the alleged financial abuse of an elder or
19dependent adult. The mandated reporter of suspected financial
20abuse of an elder or dependent adult is not required to investigate
21any accusations.
22(2) In the exercise of his or her professional judgment, the
23mandated reporter of suspected financial abuse of an elder or
24dependent adult reasonably believes that financial abuse of an
25elder or dependent adult did not occur.
26(f) Failure to report financial abuse under this section shall be
27subject to a civil penalty not exceeding one thousand dollars
28($1,000) or if the failure to report is willful, a civil penalty not
29exceeding five thousand dollars ($5,000), which shall be paid by
30the financial institution that is the employer of the mandated
31reporterbegin insert or the notary publicend insert to the party bringing the action.
32Subdivision (h) of Section 15630 shall not apply to violations of
33this section.
34(g) (1) The civil penalty provided for in subdivision (f) shall
35be recovered only in a civil action brought against the financial
36institutionbegin insert or the notary publicend insert by the Attorney General,
district
37attorney, or county counsel. No action shall be brought under this
38section by any person other than the Attorney General, district
39attorney, or county counsel. Multiple actions for the civil penalty
40may not be brought for the same violation.
P4 1(2) Nothing in the Financial Elder Abuse Reporting Act of 2005
2shall be construed to limit, expand, or otherwise modify any civil
3liability or remedy that may exist under this or any other law.
4(h) As used in this section, “suspected financial abuse of an
5elder or dependent adult” occurs when a person who is required
6to report under subdivision (a) observes or has knowledge of
7behavior or unusual circumstances or transactions, or a pattern of
8behavior or unusual circumstances or transactions, that would lead
9an individual with like training or experience, based on the same
10facts, to form a reasonable belief that an elder or dependent
adult
11is the victim of financial abuse as defined in Section 15610.30.
12(i) Reports of suspected financial abuse of an elder or dependent
13adult made by an employee or officer of a financial institution
14pursuant to this section are covered under subdivision (b) of Section
1547 of the Civil Code.
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