as amended, Yamada. Mentally and developmentally disabled persons: reporting
begin delete abuse: peace officer trainingend delete.
Existing law requires the Commission on Peace Officer Standards and Training, in the Department of Justice, to establish and keep updated a continuing education classroom training course relating to law enforcement intervention with mentally disabled persons and requires the course to be developed in consultation with specified groups and entities. Existing law requires the commission to submit a report to the Legislature that contains specified information regarding this training.
This bill would require the commission to establish, by July 1, 2015, and keep updated a training course relating to law enforcement interaction with mentally disabled or developmentally disabled persons living within a state mental hospital or state developmental center, as specified. The training course would be required for law enforcement personnel in law enforcement agencies with jurisdiction over state mental health hospitals and state developmental centers, as part of the agency’s officer training program. By creating new duties for local officials, this bill would impose a state-mandated local program.
Existing law requires specified people, known as mandated reporters, to report cases of elder or dependent adult abuse, as defined. Existing law requires a report to be made to designated investigators of the State Department of State Hospitals or the State Department of Developmental Services, or to the local enforcement agency if the suspected or alleged abuse occurred in a state mental hospital or state developmental center. Existing law also requires mandated reporters in the State Department of Developmental Services to immediately report suspected abuse to the Office of Protective Services or to the local law enforcement agency. Failure to make a report as required by existing law is a misdemeanor.
This bill would instead require a report to be made to designated investigators of the State Department of State Hospitals or the State Department of Developmental Services, and also to the local enforcement agency, as specified, if the suspected or alleged abuse or neglect occurred in a state mental hospital or state developmental center and resulted in any specified incidents, including a death or a sexual assault. This bill would also
begin delete requireend delete mandated reporters in the State Department of begin delete State Hospitals toend delete immediately report suspected abuse to the Office of Protective Services or to the local law enforcement agency. begin delete By expanding the scope of an existing crime, the bill would impose a state-mandated local program.end delete
This bill would also require a local law enforcement agency to coordinate efforts with the designated investigators of the State Department of State Hospitals or the State Department of Developmental Services to provide a response to investigate reports received pursuant to specified provisions. By creating new duties for local officials, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 13515.30 is added to the Penal Code, to
(a) By July 1, 2015, the Commission on Peace
4Officer Standards and Training shall establish and keep updated
5a continuing education
begin delete classroomend delete training course relating to law
6enforcement interaction with mentally disabled and
7developmentally disabled persons living within a state mental
8hospital or state developmental center. The training course shall
9be developed by the commission in consultation with appropriate
10community, local, and state organizations and agencies that have
11expertise in the area of mental illness and developmental disability,
12and with appropriate consumer and family advocate groups. In
13developing the course, the commission shall also examine existing
14courses certified by the commission that relate to mentally disabled
15and developmentally disabled persons. The commission shall make
16the course available to all law enforcement agencies in California,
17and the course shall be required for law enforcement personnel
18serving in law enforcement agencies with jurisdiction over state
19mental hospitals and state developmental centers, as part of the
20agency’s officer training program.
21(b) The course described in subdivision (a) may consist of
22video-based or classroom instruction. The course shall include, at
23a minimum, core instruction in all of the following:
24(1) The prevalence, cause, and nature of mental illnesses and
P4 1(2) The unique characteristics, barriers, and challenges of
2individuals who may be a victim of abuse or exploitation living
3within a state mental hospital or state developmental center.
4(3) How to accommodate, interview, and converse with
5individuals who may require assistive devices in order to express
7(4) Capacity and consent of individuals with cognitive and
9(5) Conflict resolution and deescalation techniques for
10potentially dangerous situations involving mentally disabled or
11developmentally disabled persons.
12(6) Appropriate language usage when interacting with mentally
13disabled or developmentally disabled persons.
14(7) Community and state resources and advocacy support and
15services available to serve mentally disabled or developmentally
16disabled persons, and how these resources can be best utilized by
17law enforcement to benefit the mentally disabled or
18developmentally disabled community.
19(8) The fact that a crime committed in whole or in part because
20of an actual or perceived disability of the victim is a hate crime
21punishable under Title 11.6 (commencing with Section 422.55)
22of Part 1.
23(9) Information on the state mental hospital system and the state
24developmental center system.
25(10) Techniques in conducting forensic investigations within
26institutional settings where jurisdiction may be shared.
27(11) Examples of abuse and exploitation perpetrated by
28caregivers, staff, contractors, or administrators of state mental
29hospitals and state developmental centers, and how to conduct
30investigations in instances where a perpetrator may also be a
31caregiver or provider of therapeutic or other services.
(a) (1) A developmental center shall immediately report
37the following incidents involving a resident to the local law
38enforcement agency having jurisdiction over the city or county in
39which the developmental center is located, regardless of whether
P5 1the Office of Protective Services has investigated the facts and
2circumstances relating to the incident:
3(A) A death.
4(B) A sexual assault, as defined in Section 15610.63.
5(C) An assault with a deadly weapon, as described in Section
6245 of the Penal Code, by a nonresident of the developmental
8(D) An assault with force likely to produce great bodily injury,
9as described in Section 245 of the Penal Code.
10(E) An injury to the genitals when the cause of the injury is
12(F) A broken
begin delete bone,end delete when the cause of the break is
14(2) If the incident is reported to the law enforcement agency by
15telephone, a written report of the incident shall also be submitted
16to the agency, within two working days.
17(3) The reporting requirements of this subdivision are in addition
18to, and do not substitute for, the reporting requirements of
19mandated reporters, and any other reporting and investigative
20duties of the developmental center and the department as required
begin deleteNothing in this subdivision shall be interpreted to end deleteprevent the developmental center from reporting
24any other criminal act constituting a danger to the health or safety
25of the residents of the developmental center to the local law
27(b) (1) The department
shall report to the agency described in
28subdivision (i) of Section 4900 any of the following incidents
29involving a resident of a developmental center:
30(A) Any unexpected or suspicious death, regardless of whether
31the cause is immediately known.
32(B) Any allegation of sexual assault, as defined in Section
3315610.63, in which the alleged perpetrator is a developmental
34center or department employee or contractor.
35(C) Any report made to the local law enforcement agency in
36the jurisdiction in which the facility is located that involves
37physical abuse, as defined in Section 15610.63, in which a staff
38member is implicated.
P6 1(2) A report pursuant to this subdivision shall be made no later
2than the close of the first business day following the discovery of
3the reportable incident.
4(c) The department shall do both of the following:
5(1) Annually provide written information to every developmental
6center employee regarding all of the following:
7(A) The statutory and departmental requirements for mandatory
8reporting of suspected or known abuse.
9(B) The rights and protections afforded to individuals’ reporting
10of suspected or known abuse.
11(C) The penalties for failure to report suspected or known abuse.
12(D) The telephone numbers for reporting suspected or known
13abuse or neglect to designated investigators of the department and
14to local law enforcement agencies.
15(2) On or before August 1, 2001, in consultation with employee
16organizations, advocates, consumers, and family members, develop
17a poster that encourages staff, residents, and visitors to report
18suspected or known abuse and provides information on how to
19make these reports.
Section 15630 of the Welfare and Institutions Code is
22amended to read:
(a) Any person who has assumed full or intermittent
24responsibility for the care or custody of an elder or dependent
25adult, whether or not he or she receives compensation, including
26administrators, supervisors, and any licensed staff of a public or
27private facility that provides care or services for elder or dependent
28adults, or any elder or dependent adult care custodian, health
29practitioner, clergy member, or employee of a county adult
30protective services agency or a local law enforcement agency, is
31a mandated reporter.
32(b) (1) Any mandated reporter who, in his or her professional
33capacity, or within the scope of his or her employment, has
34observed or has knowledge of an incident that reasonably appears
35to be physical abuse, as defined in Section 15610.63, abandonment,
36abduction, isolation, financial abuse, or neglect, or is told by an
37elder or dependent adult that he or she has experienced behavior,
38including an act or omission, constituting physical abuse, as defined
39in Section 15610.63, abandonment, abduction, isolation, financial
40abuse, or neglect, or reasonably suspects that abuse, shall report
P7 1the known or suspected instance of abuse by telephone or through
2a confidential Internet reporting tool, as authorized by Section
315658, immediately or as soon as practicably possible. If reported
4by telephone, a written report shall be sent, or an Internet report
5shall be made through the confidential Internet reporting tool
6established in Section 15658, within two working days.
7(A) If the
suspected or alleged abuse is physical abuse, as
8defined in Section 15610.63, and the abuse occurred in a long-term
9care facility, except a state mental health hospital or a state
10developmental center, the following shall occur:
11(i) If the suspected abuse results in serious bodily injury, a
12telephone report shall be made to the local law enforcement agency
13immediately, but also no later than within two hours of the
14mandated reporter observing, obtaining knowledge of, or
15suspecting the physical abuse, and a written report shall be made
16to the local ombudsman, the corresponding licensing agency, and
17the local law enforcement agency within two hours of the mandated
18reporter observing, obtaining knowledge of, or suspecting the
20(ii) If the suspected abuse does not
result in serious bodily injury,
21a telephone report shall be made to the local law enforcement
22agency within 24 hours of the mandated reporter observing,
23obtaining knowledge of, or suspecting the physical abuse, and a
24written report shall be made to the local ombudsman, the
25corresponding licensing agency, and the local law enforcement
26agency within 24 hours of the mandated reporter observing,
27obtaining knowledge of, or suspecting the physical abuse.
28(iii) When the suspected abuse is allegedly caused by a resident
29with a physician’s diagnosis of dementia, and there is no serious
30bodily injury, as reasonably determined by the mandated reporter,
31drawing upon his or her training or experience, the reporter shall
32report to the local ombudsman or law enforcement agency by
33telephone, immediately or as soon as practicably possible, and by
34written report, within 24 hours.
35(iv) When applicable, reports made pursuant to clauses (i) and
36(ii) shall be deemed to satisfy the reporting requirements of the
37federal Elder Justice Act of 2009, as set out in Subtitle H of the
38federal Patient Protection and Affordable Care Act (Public Law
39111-148), Section 1418.91 of the Health and Safety Code, and
40Section 72541 of Title 22 of California Code of Regulations. When
P8 1a local law enforcement agency receives an initial report of
2suspected abuse in a long-term care facility pursuant to this
3subparagraph, the local law enforcement agency may coordinate
4efforts with the local ombudsman to provide the most immediate
5and appropriate response warranted to investigate the mandated
6report. The local ombudsman and local law enforcement agencies
7may collaborate to develop protocols to implement this
9(B) Notwithstanding the rulemaking provisions of Chapter 3.5
10(commencing with Section 11340) of Part 1 of Division 3 of Title
112 of the Government Code, or any other law, the department may
12implement subparagraph (A), in whole or in part, by means of
13all-county letters, provider bulletins, or other similar instructions
14without taking regulatory action.
15(C) If the suspected or alleged abuse is abuse other than physical
16abuse, and the abuse occurred in a long-term care facility, except
17a state mental health hospital or a state developmental center, a
18telephone report and a written report shall be made to the local
19ombudsman or the local law enforcement agency.
20(D) With regard to abuse reported pursuant to subparagraph
21 (C), the local ombudsman and the local law enforcement agency
22shall, as soon as practicable, except in the case of an emergency
23or pursuant to a report required to be made pursuant to clause (v),
24in which case these actions shall be taken immediately, do all of
26(i) Report to the State Department of Public Health any case of
27known or suspected abuse occurring in a long-term health care
28facility, as defined in subdivision (a) of Section 1418 of the Health
29and Safety Code.
30(ii) Report to the State Department of Social Services any case
31of known or suspected abuse occurring in a residential care facility
32for the elderly, as defined in Section 1569.2 of the Health and
33Safety Code, or in an adult day program, as defined in paragraph
34(2) of subdivision (a) of Section 1502 of the Health and Safety
36(iii) Report to the State Department of Public Health and the
37California Department of Aging any case of known or suspected
38abuse occurring in an adult day health care center, as defined in
39subdivision (b) of Section 1570.7 of the Health and Safety Code.
P9 1(iv) Report to the Bureau of Medi-Cal Fraud and Elder Abuse
2any case of known or suspected criminal activity.
3(v) Report all cases of known or suspected physical abuse and
4financial abuse to the local district attorney’s office in the county
5where the abuse occurred.
6(E) (i) If the suspected or alleged abuse or neglect occurred in
7a state mental hospital or a state developmental center, and the
8suspected or alleged abuse or neglect resulted in any of the
9following incidents, a report shall be made immediately, but no
10later than within two hours of the mandated reporter observing,
11obtaining knowledge of, or suspecting abuse, to designated
12investigators of the State Department of State Hospitals or the
13State Department of Developmental Services, and also to the local
14law enforcement agency:
15(I) A death.
16(II) A sexual assault, as defined in Section 15610.63.
17(III) An assault with a deadly weapon, as described in Section
18245 of the Penal Code, by a nonresident of the state mental hospital
19or state developmental center.
20(IV) An assault with force likely to produce great bodily injury,
21as described in Section 245 of the Penal Code.
22(V) An injury to the genitals when the cause of the injury is
24(VI) A broken
begin delete bone,end delete when the cause of the break is
26(ii) All other reports of suspected or alleged abuse or neglect
27that occurred in a state mental hospital or a state developmental
28center shall be made to designated investigators of the State
31Department of State Hospitals or the State Department of
32Developmental Services, or to the local law enforcement agency.
33(iii) When a local law enforcement agency receives an initial
34report of suspected or alleged abuse or neglect in a state mental
35hospital or a state developmental center pursuant to clause (i), the
36local law enforcement agency shall coordinate efforts with the
37 designated investigators of the State Department of State Hospitals
38or the State Department of Developmental Services to provide the
39most immediate and appropriate response warranted to investigate
40the mandated report. The designated investigators of the State
P10 1Department of State Hospitals or the State Department of
2Developmental Services and local law enforcement agencies may
3collaborate to develop protocols to implement this clause.
4(iv) Except in an emergency, the local law enforcement agency
5shall, as soon as practicable, report any case of known or suspected
6criminal activity to the Bureau of Medi-Cal Fraud and Elder Abuse.
7(v) Mandated reporters of the State Department of State
8Hospitals or the State Department of Developmental Services shall
9immediately, but no later than within two hours of the mandated
10reporter observing, obtaining knowledge of, or suspecting abuse,
11report suspected abuse to the Office of Protective Services or to
12the local law enforcement agency.
16(F) If the abuse has occurred in any place other than a long-term
17care facility, a state mental hospital, or a state developmental
18center, the report shall be made to the adult protective services
19agency or the local law enforcement agency.
20(2) (A) A mandated reporter who is a clergy member who
21acquires knowledge or reasonable suspicion of elder or dependent
22adult abuse during a penitential communication is not subject to
23paragraph (1). For purposes of this subdivision, “penitential
24communication” means a communication that is intended to be in
25confidence, including, but not limited to, a sacramental confession
26made to a clergy member who, in the course of the discipline or
27practice of his or her church, denomination, or organization is
28authorized or accustomed to hear those communications and under
29the discipline tenets, customs, or practices of his or her church,
30denomination, or organization, has a duty to keep those
32(B) This subdivision shall not be construed to modify or limit
33a clergy member’s duty to report known or suspected elder and
34dependent adult abuse if he or she is acting in the capacity of a
35care custodian, health practitioner, or employee of an adult
36protective services agency.
37(C) Notwithstanding any other provision in this section, a clergy
38member who is not regularly employed on either a full-time or
39part-time basis in a long-term care facility or does not have care
40or custody of an elder or dependent adult shall not be responsible
P11 1for reporting abuse or neglect that is not reasonably observable or
2discernible to a reasonably prudent person having no specialized
3training or experience in elder or dependent care.
4(3) (A) A mandated reporter who is a physician and surgeon,
5a registered nurse, or a psychotherapist, as defined in Section 1010
6of the Evidence Code, shall not be required to report, pursuant to
7paragraph (1), an incident if all of the following conditions exist:
8(i) The mandated reporter has been told by an elder or dependent
9adult that he or she has experienced behavior constituting physical
10abuse, as defined in Section 15610.63, abandonment, abduction,
11isolation, financial abuse, or neglect.
12(ii) The mandated reporter is not aware of any independent
13evidence that corroborates the statement that the abuse has
15(iii) The elder or dependent adult has been diagnosed with a
16mental illness or dementia, or is the subject of a court-ordered
17conservatorship because of a mental illness or dementia.
18(iv) In the exercise of clinical judgment, the physician and
19surgeon, the registered nurse, or the psychotherapist, as defined
20in Section 1010 of the Evidence Code, reasonably believes that
21the abuse did not occur.
22(B) This paragraph shall not be construed to impose upon
23mandated reporters a duty to investigate a known or suspected
24incident of abuse and shall not be construed to lessen or restrict
25any existing duty of mandated reporters.
26(4) (A) In a long-term care facility, a mandated reporter shall
27not be required to report as a suspected incident of abuse, as defined
28in Section 15610.07, an incident if all of the following conditions
30(i) The mandated reporter is aware that there
is a proper plan
32(ii) The mandated reporter is aware that the plan of care was
33properly provided or executed.
34(iii) A physical, mental, or medical injury occurred as a result
35of care provided pursuant to clause (i) or (ii).
36(iv) The mandated reporter reasonably believes that the injury
37was not the result of abuse.
38(B) This paragraph shall not be construed to require a mandated
39reporter to seek, nor to preclude a mandated reporter from seeking,
40information regarding a known or suspected incident of abuse prior
P12 1to reporting. This paragraph shall apply only to those categories
2of mandated reporters that the State Department of Public Health
3determines, upon approval by the Bureau of Medi-Cal Fraud and
4Elder Abuse and the state long-term care ombudsman, have access
5to plans of care and have the training and experience necessary to
6determine whether the conditions specified in this section have
8(c) (1) Any mandated reporter who has knowledge, or
9reasonably suspects, that types of elder or dependent adult abuse
10for which reports are not mandated have been inflicted upon an
11elder or dependent adult, or that his or her emotional well-being
12is endangered in any other way, may report the known or suspected
13instance of abuse.
14(2) If the suspected or alleged abuse occurred in a long-term
15care facility other than a state mental health hospital or a state
16developmental center, the report may be made to the long-term
17care ombudsman program. Except in an emergency, the local
18ombudsman shall report any case of known or suspected abuse to
19the State Department of Public Health and any case of known or
20suspected criminal activity to the Bureau of Medi-Cal Fraud and
21Elder Abuse, as soon as is practicable.
22(3) If the suspected or alleged abuse occurred in a state mental
23health hospital or a state developmental center, the report may be
24made to the designated investigator of the State Department of
25State Hospitals or the State Department of Developmental Services
26or to a local law enforcement agency. Except in an emergency,
27the local law enforcement agency shall report any case of known
28or suspected criminal activity to the Bureau of Medi-Cal Fraud
29and Elder Abuse, as soon as is practicable.
30(4) If the suspected or alleged abuse occurred in a place other
31than a place described in paragraph (2) or (3), the report may be
32made to the county adult protective services agency.
33(5) If the conduct involves criminal activity not covered in
34subdivision (b), it may be immediately reported to the appropriate
35law enforcement agency.
36(d) If two or more mandated reporters are present and jointly
37have knowledge or reasonably suspect that types of abuse of an
38elder or a dependent adult for which a report is or is not mandated
39have occurred, and there is agreement among them, the telephone
40report or Internet report, as authorized by Section 15658, may be
P13 1made by a member of the team selected by mutual agreement, and
2a single report may be made and signed by the selected member
3of the reporting team. Any member who has knowledge that the
4member designated to report has failed to do so shall thereafter
5make the report.
6(e) A telephone report or Internet report, as authorized by
7Section 15658, of a known or suspected instance of elder or
8 dependent adult abuse shall include, if known, the name of the
9person making the report, the name and age of the elder or
10dependent adult, the present location of the elder or dependent
11adult, the names and addresses of family members or any other
12adult responsible for the elder’s or dependent adult’s care, the
13nature and extent of the elder’s or dependent adult’s condition, the
14date of the incident, and any other information, including
15information that led that person to suspect elder or dependent adult
16abuse, as requested by the agency receiving the report.
17(f) The reporting duties under this section are individual, and
18no supervisor or administrator shall impede or inhibit the reporting
19duties, and no person making the report shall be subject to any
20sanction for making the report. However, internal procedures to
21facilitate reporting, ensure confidentiality, and apprise supervisors
22and administrators of reports may be established, provided they
23are not inconsistent with this chapter.
24(g) (1) Whenever this section requires a county adult protective
25services agency to report to a law enforcement agency, the law
26enforcement agency shall, immediately upon request, provide a
27copy of its investigative report concerning the reported matter to
28that county adult protective services agency.
29(2) Whenever this section requires a law enforcement agency
30to report to a county adult protective services agency, the county
31adult protective services agency shall, immediately upon request,
32provide to that law enforcement agency a copy of its investigative
33report concerning the reported matter.
34(3) The requirement to disclose investigative reports pursuant
35to this subdivision shall not include the disclosure of social services
36records or case files that are confidential, nor shall this subdivision
37be construed to allow disclosure of any reports or records if the
38disclosure would be prohibited by any other provision of state or
P14 1(h) Failure to report, or impeding or inhibiting a report of,
2physical abuse, as defined in Section 15610.63, abandonment,
3abduction, isolation, financial abuse, or neglect of an elder or
4dependent adult, in violation of this section, is a misdemeanor,
5punishable by not more than six months in the county jail, by a
6fine of not more than one thousand dollars ($1,000), or by both
7that fine and imprisonment. Any mandated reporter who willfully
8fails to report, or impedes or inhibits a report of, physical abuse,
9as defined in Section 15610.63, abandonment, abduction, isolation,
10financial abuse, or neglect of an elder or dependent adult, in
11violation of this section, if that abuse results in death or great bodily
12injury, shall be punished by not more than one year in a county
13jail, by a fine of not more than five thousand dollars ($5,000), or
14by both that fine and imprisonment. If a mandated reporter
15intentionally conceals his or her failure to report an incident known
16by the mandated reporter to be abuse or severe neglect under this
17section, the failure to report is a continuing offense until a law
18enforcement agency specified in paragraph (1) of subdivision (b)
19of Section 15630 discovers the offense.
20(i) For purposes of this section, “dependent adult” shall have
21the same meaning as in Section 15610.23.
No reimbursement is required by this act pursuant to
24Section 6 of Article XIII B of the California Constitution for certain
25costs that may be incurred by a local agency or school district
26because, in that regard, this act creates a new crime or infraction,
27eliminates a crime or infraction, or changes the penalty for a crime
28or infraction, within the meaning of Section 17556 of the
29Government Code, or changes the definition of a crime within the
30meaning of Section 6 of Article XIII B of the California
32However, if the Commission on State Mandates determines that
33this act contains other costs mandated by the state, reimbursement
34to local agencies and school districts for those costs shall be made
35pursuant to Part 7 (commencing with Section 17500) of Division
364 of Title 2 of the Government Code.