AB 477, as amended, 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 dependentbegin delete adult.end deletebegin insert adult, as specified.end insert 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 dependentbegin delete adult.end deletebegin insert
adult and would require a notary public to report known or suspected instances of financial abuse of an elder or dependent adult if the notary public has observed or has knowledge of suspected financial abuse in connection with providing notary services.end insert
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
5all officers and employees of financial institutions and notaries
6public.
7(b) As used in this section, the term “financial institution” means
8any of the following:
9(1) A depository institution, as defined in Section 3(c) of the
10Federal Deposit Insurance Act (12 U.S.C. Sec. 1813(c)).
11(2) An institution-affiliated party, as defined in Section 3(u) of
12the Federal Deposit Insurance Act (12 U.S.C. Sec. 1813(u)).
13(3) A federal credit union or state credit union, as defined in
14Section 101 of the Federal Credit Union Act (12 U.S.C. Sec. 1752),
15including, but not limited to, an institution-affiliated party of a
16credit union, as defined in Section 206(r) of the Federal Credit
17Union Act (12 U.S.C. Sec. 1786(r)).
18(c) As used in this section, “financial abuse” has the same
19meaning as in Section 15610.30.
20(d) (1) Anybegin delete mandated reporter of suspected financial abuse of begin insert officer or employee of a financial
21an elder or dependent adultend delete
22institutionend insert who has direct contact with the elder or dependent adult
23or
who reviews or approves the elder or dependent adult’s financial
24documents, records, or transactions, in connection with providing
25financial servicesbegin delete or notary servicesend delete
with respect to an elder or
26dependent adult, and who, within the scope of his or her
27employment or professional practice, has observed or has
28knowledge of an incident, that is directly related to the transaction
29or matter that is within that scope of employment or professional
30practice, that reasonably appears to be financial abuse, or who
31reasonably suspects that abuse, based solely on the information
32before him or her at the time of reviewing or approving the
33document, record, or transaction in the case of mandated reporters
34who do not have direct contact with the elder or dependent adult,
35shall report the known or suspected instance of financial abuse by
36telephone or through a confidential Internet reporting tool, as
37authorized pursuant to Section 15658, immediately, or as soon as
38practicably possible. If reported by telephone, a written report shall
P3 1be sent, or an Internet report
shall be made through the confidential
2Internet reporting tool established in Section 15658, within two
3working days to the local adult protective services agency or the
4local law enforcement agency.
5(2) Any notary public who, in connection with providing notary
6services, has observed or has knowledge of suspected financial
7abuse of an elder or dependent adult shall report the known or
8suspected instance of financial abuse by telephone or through a
9confidential Internet reporting tool, as authorized pursuant to
10Section 15658, immediately, or as soon as practicably possible.
11If reported by telephone, a written report shall be sent, or an
12Internet report shall be made through the confidential Internet
13reporting tool established in Section 15658, within two working
14days to the local adult protective services agency or the local law
15
enforcement agency.
16(2)
end delete
17begin insert(3)end insert When two or more mandated reporters jointly have
18knowledge or reasonably suspect that financial abuse of an elder
19or a dependent adult for which the report is mandated has occurred,
20and when there is an agreement among them, the telephone report
21or Internet report, as authorized by Section 15658, may be made
22by a member of the reporting team who is selected by mutual
23agreement. A single report may be made and signed by the selected
24member of the reporting team. Any member of the team who has
25knowledge that the member designated to report has
failed to do
26so shall thereafter make that report.
27(3)
end delete
28begin insert(4)end insert If the mandated reporter knows that the elder or dependent
29adult resides in a long-term care facility, as defined in Section
3015610.47, the report shall be made to the local ombudsman or local
31law enforcement agency.
32(e) An allegation by the elder or dependent adult, or any other
33person, that financial abuse has occurred is not sufficient to trigger
34the reporting requirement under this section if both of the following
35conditions are met:
36(1) The mandated reporter of suspected financial abuse of an
37elder or dependent adult is aware of no other corroborating or
38independent evidence of the alleged financial abuse of an elder or
39dependent adult. The mandated reporter of suspected financial
P4 1abuse of an elder or dependent adult is not required to investigate
2any accusations.
3(2) In the exercise of his or her professional judgment, the
4mandated reporter of suspected financial abuse of an elder or
5dependent adult reasonably believes that financial abuse of an
6elder or dependent adult did not occur.
7(f) Failure to report financial abuse under this section shall be
8subject to a civil penalty not exceeding one thousand dollars
9($1,000) or if the failure to report is willful, a civil penalty not
10exceeding five
thousand dollars ($5,000), which shall be paid by
11the financial institution that is the employer of the mandated
12reporter or the notary public to the party bringing the action.
13Subdivision (h) of Section 15630 shall not apply to violations of
14this section.
15(g) (1) The civil penalty provided for in subdivision (f) shall
16be recovered only in a civil action brought against the financial
17institution or the notary public by the Attorney General, district
18attorney, or county counsel. No action shall be brought under this
19section by any person other than the Attorney General, district
20attorney, or county counsel. Multiple actions for the civil penalty
21may not be brought for the same violation.
22(2) Nothing in the Financial Elder Abuse Reporting Act of 2005
23shall
be construed to limit, expand, or otherwise modify any civil
24liability or remedy that may exist under this or any other law.
25(h) As used in this section, “suspected financial abuse of an
26elder or dependent adult” occurs when a person who is required
27to report under subdivision (a) observes or has knowledge of
28behavior or unusual circumstances or transactions, or a pattern of
29behavior or unusual circumstances or transactions, that would lead
30an individual with like training or experience, based on the same
31facts, to form a reasonable belief that an elder or dependent adult
32is the victim of financial abuse as defined in Section 15610.30.
33(i) Reports of suspected financial abuse of an elder or dependent
34adult made by an employee or officer of a financial institution
35pursuant to this section are
covered under subdivision (b) of Section
3647 of the Civil Code.
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