BILL NUMBER: SB 2199 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Lockyer
(Principal coauthor: Senator Vasconcellos)
(Coauthors: Senators Alpert, Rosenthal, and Watson)
(Coauthor: Assembly Member Alquist)
FEBRUARY 20, 1998
An act to amend Sections 15610.07, 15610.10, 15610.17, 15610.30,
15610.55, 15610.57, 15630, 15640, 15650, 15658, and 15659 of, and to
add Chapter 13.5 (commencing with Section 15760) to Part 3 of
Division 9 of, the Welfare and Institutions Code, relating to adult
abuse.
LEGISLATIVE COUNSEL'S DIGEST
SB 2199, as introduced, Lockyer. Elder and dependent adult abuse.
(1) Existing law, the Elder Abuse and Dependent Adult Civil
Protection Act, sets forth provisions for the reporting of actual or
suspected physical or other abuse, as defined, of an elder or
dependent adult by specified persons and entities, including care
custodians, and imposes various requirements on state and local
agencies in processing, investigating, and reporting on these
reports.
This bill, among other things, would broaden and redefine "abuse,"
"adult protective services," "neglect," and "care custodian" for
purposes of these provisions, would change references from "fiduciary
abuse" to "financial abuse," and would revise provisions relating to
the reporting of abuse by an adult protective services agency to a
local law enforcement agency or the long-term care ombudsman program.
(2) Existing law imposes specified requirements on a mandated
reporter, as defined, with respect to the observation and reporting
of physical abuse of an elder or dependent adult. Violation of these
provisions is a misdemeanor.
This bill would revise these provisions and would include
abandonment, isolation, financial abuse, and neglect as reportable
abuse for purposes of these requirements. By expanding the
definition of a crime, this bill would impose a state-mandated local
program.
(3) Existing law authorizes adult protective services to include
investigations, needs assessment, the use of a multidisciplinary
personnel team in order to obtain information and records necessary
for adult protective services, a system in which reporting can occur
on a 24-hour basis, emergency shelter, and adult respite care.
Existing law also specifies the members of the multidisciplinary
personnel team.
This bill would enact enhanced adult protective services
provisions that would be implemented only to the extent funds for
this enhancement are provided in the annual Budget Act. These
provisions would require, rather than authorize, adult protective
services to include the above protective actions, would add a public
guardian to the members of the multidisciplinary personnel team, and
would require each county to establish an emergency response adult
protective services program containing specified requirements. The
imposition of these new requirements on counties would create a
state-mandated local program.
(4) 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
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 1. The Legislature finds and declares all of the
following:
(a) California's mandatory reporting laws, first enacted in 1982,
have brought the tragedy of elder and dependent adult abuse to public
attention. Annually, 225,000 incidents of adult abuse occur in
California--an increase of over 1000 percent over the number of
incidents in 1986-87. Twenty-three percent of the incidents involve
physical abuse, 32 percent involve fiduciary abuse, 22 percent
involve mental suffering, and 3.8 percent involve sexual abuse. In
addition to the victimization by another person, in more than 50
percent of the incidents the elder or dependent adult is unable to
meet their own needs due to frailty, untreated health conditions,
mental or emotional problems, or family dysfunctions.
(b) California counties lack the ability to respond to
approximately 80 percent of the incidents. In 1996-97 the Adult
Protective Services Program statewide was able to respond to fewer
than 44,000 of the 225,000 incidents.
(c) Staff assigned to Adult Protective Services programs statewide
has decreased by 35 percent since 1990 in California.
(d) Forty-five percent of the California counties no longer
provide case management services in Adult Protective Services. Fifty
percent of the counties do not provide counseling. Fifty percent do
not provide a 24-hour hotline, money management, or tangible
services critical to ongoing safety and protection of the elders and
dependent adults.
(e) Fewer than 20 percent of the counties respond to all Adult
Protective Service reports. Counties must triage calls and are
unable to respond to many serious types of abuse.
(f) To remedy situations of immediate danger to vulnerable elders
and dependent adults, it is urgent that California establishes and
funds a comprehensive adult protective services program statewide.
SEC. 2. Section 15610.07 of the Welfare and Institutions Code is
amended to read:
15610.07. "Abuse of an elder or a dependent adult" means physical
abuse, neglect, fiduciary financial
abuse, abandonment, isolation, abduction, or other treatment with
resulting physical harm or pain or mental suffering, or the
deprivation by a care custodian any person
of goods or services that are necessary to avoid physical harm
or mental suffering.
SEC. 3. Section 15610.10 of the Welfare and Institutions Code is
amended to read:
15610.10. "Adult protective services" means those preventive and
remedial activities performed on behalf of elders and dependent
adults who are unable to protect their own interests, harmed or
threatened with harm, caused physical or mental injury due to the
action or inaction of another person or their own action due
to as a result of ignorance, illiteracy,
incompetence, mental limitation, addiction, or poor
health, lacking in adequate food, shelter, or clothing, exploited of
their income and resources, or deprived of entitlement due them.
SEC. 4. Section 15610.17 of the Welfare and Institutions Code is
amended to read:
15610.17. "Care custodian" means an administrator or an employee
of any of the following public or private facilities or agencies, or
persons providing care or services for elders or dependent adults,
except persons who do not work directly with elders or
dependent adults as part of their official duties,
including members of the support staff and maintenance staff:
(a) Twenty-four-hour health facilities, as defined in Sections
1250, 1250.2, and 1250.3 of the Health and Safety Code.
(b) Clinics.
(c) Home health agencies.
(d) Agencies providing publicly funded in-home supportive services
, nutrition services, or other home and community-based support
services .
(e) Adult day health care centers and adult day care .
(f) Secondary schools that serve 18- to 22-year-old dependent
adults and postsecondary educational institutions that serve
dependent adults or elders.
(g) Independent living centers.
(h) Camps.
(i) Alzheimer's Disease day care resource centers.
(j) Community care facilities, as defined in Section 1502 of the
Health and Safety Code, and residential care facilities for the
elderly, as defined in Section 1569.2 of the Health and Safety Code.
(k) Respite care facilities.
(l) Foster homes.
(m) Vocational rehabilitation facilities and work activity
centers.
(n) Designated area agencies on aging.
(o) Regional centers for persons with developmental
disabilities.
(o)
(p) State Department of Social Services and State Department
of Health Services licensing divisions.
(p)
(q) County welfare departments.
(q)
(r) Offices of patients' rights advocates and clients'
rights advocates, including attorneys.
(r)
(s) The office of the long-term care ombudsman.
(s)
(t) Offices of public conservators, public guardians, and
court investigators.
(t)
(u) Any protection or advocacy agency or entity that is
designated by the Governor to fulfill the requirements and assurances
of the following:
(1) The federal Developmental Disability Assistance and Bill of
Rights Act, as amended, contained in Chapter 75 (commencing with
Section 6000) of Title 42 of the United States Code, for protection
and advocacy of the rights of persons with developmental
disabilities.
(2) The Protection and Advocacy for the Mentally Ill Individuals
Act of 1986, as amended, contained in Chapter 114 (commencing with
Section 10801) of Title 42 of the United States Code, for the
protection and advocacy of the rights of persons with mental
illnesses.
(u)
(v) Any other protective, public, sectarian, mental
health, or private assistance or advocacy agency or
person providing health services or social services to elders or
dependent adults.
SEC. 5. Section 15610.30 of the Welfare and Institutions Code is
amended to read:
15610.30. (a) " Fiduciary Financial
abuse" means a situation in which one or both of the following
apply:
(1) A person, including, but not limited to, one who has the care
or custody of, or who stands in a position of trust to, an elder or a
dependent adult, takes, secretes, or appropriates their money or
property, to any wrongful use, or for any purpose not in the due and
lawful execution of his or her trust.
(2) A situation in which all of the following conditions are
satisfied:
(A) An elder (who would be a dependent adult if he or she were
between the ages of 18 and 64) or dependent adult or his or her
representative requests that a third party transfer to the elder or
dependent adult or to his or her representative, or to a court
appointed receiver, property that meets all of the following
criteria:
(i) The third party holds or has control of the property.
(ii) The property belongs to, or is held in express trust,
constructive trust or resulting trust for, the elder or dependent
adult.
(iii) The ownership or control of the property was acquired in
whole or in part by the third party or someone acting in concert with
the third party from the elder or dependent adult at a time when the
elder or dependent adult was a dependent adult or was a person who
would have been a dependent adult if he or she had then been between
the ages of 18 and 64.
(B) Despite the request for the transfer of property, the third
party without good cause either continues to hold the property or
fails to take reasonable steps to make the property readily available
to the elder or dependent adult, to his or her representative or to
a court appointed receiver.
(C) The third party committed acts described in this paragraph in
bad faith. A third party shall be deemed to have acted in bad faith
if the third party either knew or should have known that the elder or
dependent adult had the right to have the property transferred or
made readily available. For purposes of this subdivision, a third
party should have known of this right if, on the basis of the
information received by the elder or dependent adult, or the elder or
dependent adult's representative, it is obvious to a reasonable
person that the elder or dependent adult had this right.
(b) For the purpose of this section, the term "third party" means
a person who holds or has control of property that belongs to or is
held in express trust, constructive trust or resulting trust for an
elder or dependent adult.
(c) For the purposes of this section, the term "representative"
means an elder or dependent adult's conservator of the estate, or
attorney-in-fact acting within the authority of the power of
attorney.
SEC. 6. Section 15610.55 of the Welfare and Institutions Code is
amended to read:
15610.55. (a) "Multidisciplinary personnel team" means any team
of two or more persons who are trained in the prevention,
identification, and treatment of abuse of elderly or dependent
persons and who are qualified to provide a broad range of services
related to abuse of elderly or dependent persons, as defined in
Section 15753.5.
(b) A multidisciplinary personnel team may include, but is not
limited to, all of the following:
(1) Psychiatrists, psychologists, or other trained counseling
personnel.
(2) Police officers or other law enforcement agents.
(3) Medical personnel with sufficient training to provide health
services.
(4) Social workers with experience or training in prevention of
abuse of elderly or dependent persons.
(5) Public guardians.
SEC. 7. Section 15610.57 of the Welfare and Institutions Code is
amended to read:
15610.57. (a) "Neglect" means the
either of the following:
(1) The negligent failure of any person having the care or
custody of an elder or a dependent adult to exercise that degree of
care which that a reasonable person in
a like position would exercise. Neglect
(2) The negligent failure of the person themselves to exercise
that degree of care that a reasonable person in a like position would
exercise.
(b) Neglect includes, but is not limited to, all of the
following:
(a)
(1) Failure to assist in personal hygiene, or in the
provision of food, clothing, or shelter.
(b)
(2) Failure to provide medical care for physical and mental
health needs. No person shall be deemed neglected or abused for the
sole reason that he or she voluntarily relies on treatment by
spiritual means through prayer alone in lieu of medical treatment.
(c)
(3) Failure to protect from health and safety hazards.
(d)
(4) Failure to prevent malnutrition or dehydration
.
(5) Failure of a person to provide the needs specified in
paragraphs (1) to (4), inclusive, for themselves due to illiteracy,
incompetence, mental limitation, substance abuse, or poor health.
SEC. 8. Section 15630 of the Welfare and Institutions Code is
amended to read:
15630. (a) Any elder or dependent adult care custodian, health
practitioner, or employee of a county adult protective services
agency or a local law enforcement agency is a mandated reporter.
(b) Any mandated reporter, who, in his or her professional
capacity, or within the scope of his or her employment, has observed
or has knowledge of an incident that reasonably appears to
be physical abuse, observed a physical injury where the
nature of the injury, its location on the body, or the repetition of
the injury clearly indicates that physical abuse has occurred
, abandonment, isolation, financial abuse, or neglect,
or is told by an elder or dependent adult that he or she has
experienced behavior constituting physical abuse , abandonment,
isolation, financial abuse, or neglect, or reasonably suspects abuse
shall report the known or suspected instance of abuse by
telephone immediately or as soon as practically possible,
and by written report sent within two working days, as follows:
(1) If the abuse has occurred in a long-term care facility, except
a state mental health hospital or a state developmental center, the
report shall be made to the local ombudsman or the local law
enforcement agency.
(2) If the suspected or alleged abuse occurred in a state mental
health hospital or a state developmental center, the report shall be
made to designated investigators of the State Department of Mental
Health or the State Department of Developmental Services or to the
local law enforcement agency.
(3) If the abuse has occurred any place other than one described
in paragraph (1), the report shall be made to the adult protective
services agency or the local law enforcement agency.
(c) (1) Any mandated reporter who has knowledge of, or
reasonably suspects that, types of elder or dependent adult abuse for
which reports are not mandated have been inflicted upon an elder or
dependent adult or that his or her emotional well-being is endangered
in any other way, may report the known or suspected instance of
abuse.
(2) If the suspected or alleged abuse occurred in a long-term care
facility other than a state mental health hospital or a state
developmental center, the report may be made to the long-term care
ombudsman program.
(3) If the suspected or alleged abuse occurred in a state mental
health hospital or a state developmental center, the report may be
made to the designated investigator of the State Department of Mental
Health or the State Department of Developmental Services, or to a
local law enforcement agency or to the local ombudsman.
(4) If the suspected or alleged abuse occurred anywhere else, the
report may be made to the county adult protective services agency.
(5) If the conduct involves criminal activity not covered in
subdivision (b), it may be immediately reported to the appropriate
law enforcement agency.
(d) When two or more mandated reporters are present and
jointly have knowledge or reasonably suspect that types of abuse of
an elder or a dependent adult for which a report is or is
not mandated have occurred, and when there is agreement
among them, the telephone report may be made by a member of the team
selected by mutual agreement, and a single report may be made and
signed by the selected member of the reporting team. Any member who
has knowledge that the member designated to report has failed to do
so shall thereafter make the report.
(e)
(d) A telephone report of a known or suspected instance of
elder or dependent adult abuse shall 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 person responsible for the
elder or dependent adult's care, if known, 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 that person
to suspect elder or dependent adult abuse requested by the agency
receiving the report.
(f)
(e) The reporting duties under this section are individual,
and no supervisor or administrator shall impede or inhibit the
reporting duties, and no person making the report shall be subject to
any sanction for making the report. However, internal procedures to
facilitate reporting, ensure confidentiality, and apprise
supervisors and administrators of reports may be established,
provided they are not inconsistent with this chapter.
(g)
(f) (1) Whenever this section requires a county adult
protective services agency to report to a law enforcement agency, the
law enforcement agency shall, immediately upon request, provide a
copy of its investigative report concerning the reported matter to
that county adult protective services agency.
(2) Whenever this section requires a law enforcement agency to
report to a county adult protective services agency, the county adult
protective services agency shall, immediately upon request, provide
a copy of its investigative report concerning the reported matter to
that law enforcement agency.
(3) The requirement to disclose investigative reports pursuant to
this subdivision shall not include the disclosure of social services
records or case files that are confidential, nor shall this
subdivision be construed to allow disclosure of any reports or
records if the disclosure would be prohibited by any other provision
of state or federal law.
(h)
(g) Failure to report physical abuse , isolation,
financial abuse, or neglect of an elder or dependent adult, in
violation of this section, is a misdemeanor, punishable by not more
that six months in the county jail or by a fine of not more than one
thousand dollars ($1,000), or by both that fine and imprisonment.
SEC. 9. Section 15640 of the Welfare and Institutions Code is
amended to read:
15640. (a) (1) An adult protective services agency shall
immediately, or as soon as practically possible, report by telephone
to the law enforcement agency having jurisdiction over the case any
known or suspected instance of criminal activity, and to any public
agency given responsibility for investigation in that jurisdiction of
cases of elder and dependent adult abuse, every known or suspected
instance of physical abuse pursuant to
Section 15630 of an elder or dependent adult. A county adult
protective services agency shall also send a written report thereof
within two working days of receiving the information concerning the
incident to each agency to which it is required to make a telephone
report under this subdivision.
(2) Only a written report of possible criminal activity,
sent within two working days, shall be required in the case of abuse
other than physical abuse.
(3) If an adult protective services agency receives a
report of abuse alleged to have occurred in a long-term care
facility, that adult protective services agency shall immediately
inform the person making the report that he or she is required to
make the report to the long-term care ombudsman program or to a local
law enforcement agency. The adult protective services agency shall
not accept the report by telephone but shall forward any written
report received to the long-term care ombudsman .
(b) If an adult protective services agency or local law
enforcement agency or ombudsman program receiving a report of known
or suspected elder or dependent adult abuse involving
physical abuse determines, pursuant to its investigation,
that the abuse is being committed by a health practitioner licensed
under Division 2 (commencing with Section 500) of the Business and
Professions Code, or any related initiative act, or by a person
purporting to be a licensee, the adult protective services agency or
local law enforcement agency or ombudsman program shall immediately
, or as soon as practically possible, report this
information to the appropriate licensing agency. The licensing
agency shall investigate the report in light of the potential for
physical harm. The transmittal of information to the appropriate
licensing agency shall not relieve the adult protective services
agency or local law enforcement agency or ombudsman program of the
responsibility to continue its own investigation as required under
applicable provisions of law. The information reported pursuant to
this paragraph shall remain confidential and shall not be disclosed.
(c) A local law enforcement agency shall immediately, or as soon
as practically possible, report by telephone to the long-term care
ombudsman program when the abuse is alleged to have occurred in a
long-term care facility or to the county adult protective services
agency when it is alleged to have occurred anywhere else, and to the
agency given responsibility for the investigation of cases of elder
and dependent adult abuse every known or suspected instance of abuse
of an elder or dependent adult. A local law enforcement agency shall
also send a written report thereof within two working days of
receiving the information concerning the incident to any agency to
which it is required to make a telephone report under this
subdivision.
(d) A long-term care ombudsman coordinator may report the instance
of abuse to the county adult protective services agency or to the
local law enforcement agency for assistance in the investigation of
the abuse if the victim gives his or her consent. A long-term care
ombudsman program and the Licensing and Certification Division of the
State Department of Health Services shall immediately report by
telephone and in writing within two working days to the bureau any
instance of neglect occurring in a health care facility, that has
seriously harmed any patient or reasonably appears to present a
serious threat to the health or physical well-being of a patient in
that facility. If a victim or potential victim of the neglect
withholds consent to being identified in that report, the report
shall contain circumstantial information about the neglect but shall
not identify that victim or potential victim and the bureau and the
reporting agency shall maintain the confidentiality of the report
until the report becomes a matter of public record.
(e) When a county adult protective services agency, a long-term
care ombudsman program, or a local law enforcement agency receives a
report of abuse, neglect, or abandonment of an elder or dependent
adult alleged to have occurred in a long-term care facility, that
county adult protective services agency, long-term care ombudsman
coordinator, or local law enforcement agency shall report the
incident to the licensing agency by telephone as soon as possible.
(f) County adult protective services agencies, long-term care
ombudsman programs, and local law enforcement agencies shall report
the results of their investigations of referrals or reports of abuse
to the respective referring or reporting agencies.
SEC. 10. Section 15650 of the Welfare and Institutions Code is
amended to read:
15650. (a) Investigation of reports of known or suspected
instances of abuse in long-term care facilities shall be the
responsibility of the long-term care ombudsman program, for instances
of physical and fiduciary financial
abuse, the local law enforcement agency, and for instances of
potential criminal neglect in a long-term health care facility, the
long-term care ombudsman program and the bureau.
(b) Investigations of known or suspected instances of abuse
outside of long-term care facilities shall be the responsibility of
the county adult protective services agency and the local law
enforcement agency unless another public agency is given
responsibility for investigation in that jurisdiction.
(c) The investigative responsibilities set forth in this section
are in addition to, and not in derogation of or substitution for, the
investigative and regulatory responsibilities of licensing agencies,
such as the State Department of Social Services Community Care
Licensing Division and the State Department of Health Services
Licensing and Certification Division and their authorized
representatives.
(d) Other public agencies involved in the investigation of abuse
or advocacy of respective client populations, or both, include, but
shall not be limited to, the State Department of Mental Health and
the State Department of Developmental Services. Other public
agencies shall conduct or assist in, or both, the investigation of
reports of abuse of elder and dependent adults within their
jurisdiction in conjunction with county adult protective services,
local ombudsman programs and local law enforcement agencies.
(e) Each county adult protective services agency shall maintain an
inventory of all public and private service agencies available to
assist victims of abuse, as defined by Section 15610.07. This
inventory shall be used to refer victims in the event that the county
adult protective services agency cannot resolve the immediate needs
of the victim, and to serve the victim on a long-term, followup
basis. The intent of this section is to acknowledge that limited
funds are available to resolve all suspected cases of abuse reported
to a county adult protective services agency.
(f) Each local ombudsman program shall maintain an inventory of
all public and private agencies available to assist long-term care
residents who are victims of abuse, as defined by Section 15610.07.
This inventory shall be used to refer cases of abuse in the event
that another agency has jurisdiction over the resident, the abuse is
verified and further investigation is needed by a law enforcement or
licensing agency, or the program does not have sufficient resources
to provide immediate assistance. The intent of this section is to
acknowledge that ombudsman responsibility in abuse cases is to
receive reports, determine the validity of reports, refer verified
abuse cases to appropriate agencies for further action as necessary,
and follow up to complete the required report information. Other
ombudsman services shall be provided to the resident, as appropriate.
SEC. 11. Section 15658 of the Welfare and Institutions Code is
amended to read:
15658. (a) (1) The written abuse reports required for the
reporting of abuse, as defined in this chapter, shall be submitted on
forms adopted by the State Department of Social Services after
consultation with representatives of the various law enforcement
agencies, the California Department of Aging, the State
Department of Developmental Services, the State Department of Mental
Health, the bureau, professional medical and nursing agencies,
hospital associations and county welfare departments. These
reporting forms shall be distributed by the county adult protective
services agencies and the long-term care ombudsman programs. This
reporting form may also be used for documenting the telephone report
of a known or suspected instance of abuse of an elder or dependent
adult by the county adult protective services agency, local ombudsman
program, and local law enforcement agencies.
(2) The forms required by this section shall contain the following
items:
(A) The name, address, telephone number, and occupation of the
person reporting.
(B) The
name and address of the victim.
(C) The date, time, and place of the incident.
(D) Other details, including the reporter's observations and
beliefs concerning the incident.
(E) Any statement relating to the incident made by the victim.
(F) The name of any individuals believed to have knowledge of the
incident.
(G) The name of the individuals believed to be responsible for the
incident and their connection to the victim.
(b) (1) Each county adult protective services agency shall report
to the State Department of Social Services monthly on the reports
received pursuant to this chapter. The reports shall be made on
forms adopted by the department. The information reported shall
include, but shall not be limited to, the number of incidents of
abuse, the number of persons abused, the type of abuse sustained, and
the actions taken on the reports. For purposes of these reports,
sexual abuse shall be reported separately from physical abuse.
(2) The county's report to the department shall not include
reports it receives from the long-term care ombudsman program
pursuant to subdivision (c).
(3) The department shall refer to the bureau monthly data
summaries of the reports of elder and dependent adult abuse, neglect,
abandonment, isolation, and exploitation
financial abuse , and other abuse it receives
from county adult protective services agencies.
(c) Each long-term care ombudsman program shall report to the
Office of the Long-Term Care Ombudsman of the California
Department of Aging monthly on the reports it receives pursuant to
this chapter with a copy sent to the county adult protective services
agency. The office of the State Ombudsman shall submit a summarized
quarterly report to the department based on the monthly reports
submitted by local long-term care ombudsman programs. The reports
shall be on forms adopted by the department and the office of the
State Ombudsman. The information reported shall include, but shall
not be limited to, the number of incidents of abuse, the numbers of
persons abused, the type of abuse, and the actions taken on the
reports. For purposes of these reports, sexual abuse shall be
reported separately from physical abuse.
SEC. 12. Section 15659 of the Welfare and Institutions Code is
amended to read:
15659. (a) Any person who enters into employment on or after
January 1, 1995, as a care custodian, health practitioner, or with an
adult protective services agency or a local law enforcement agency,
prior to commencing his or her employment and as a prerequisite to
that employment shall sign a statement on a form, that shall be
provided by the prospective employer, to the effect that he or she
has knowledge of Section 15630 and will comply with its provisions.
The signed statement shall be retained by the employer.
(b) Agencies or facilities that employ persons required to make
reports pursuant to Section 15630, who were employed prior to January
1, 1995, shall inform those persons of their responsibility to make
reports by delivering to them a copy of the statement specified in
subdivision (a).
(c) The cost of printing, distribution, and filing of these
statements shall be borne by the employer.
(d) On and after January 1, 1995, when a person is issued a state
license or certificate to engage in a profession or occupation the
members of which are required to make a report pursuant to Section
15630, the state agency issuing the license or certificate shall send
a statement substantially similar to the one contained in
subdivision (a) to the person at the same time as it transmits the
document indicating licensure or certification to the person.
(e) As an alternative to the procedure required by subdivision
(d), a state agency may cause the required statement to be printed on
all application forms for a license or certificate printed on or
after January 1, 1995.
(f) The retention of statements required by subdivision (a), and
the delivery of statements required by subdivision (b) shall be the
full extent of the employer's duty pursuant to this section. The
failure of any employee or other person associated with the employer
to report physical abuse of elders or dependent
adults pursuant to Section 15630 or otherwise meet the
requirements of this chapter shall be the sole responsibility of that
person. The employer or facility shall incur no civil or other
liability for the failure of these persons to comply with the
requirements of this chapter.
SEC. 13. Chapter 13.5 (commencing with Section 15760) is added to
Part 3 of Division 9 of the Welfare and Institutions Code, to read:
CHAPTER 13.5. ENHANCED SERVICES
15760. Notwithstanding Section 15753, adult protective services
shall include investigations, needs assessments, remedial, and
preventative social work activities, and the necessary tangible
resources such as food, transportation, emergency shelter, and
in-home protective care, the use of multidisciplinary teams, and a
system in which reporting or abuse can occur on a 24-hour basis.
15761. Notwithstanding Section 15753.5, "multidisciplinary
personnel team" means any team of two or more persons who are trained
in the prevention, identification, and treatment of abuse of elderly
or dependent persons and who are qualified to provide a broad range
of services related to abuse of elderly or dependent persons. The
team may include, but is not limited to:
(a) Psychiatrists, psychologists, or other trained counseling
personnel.
(b) Police officers or other law enforcement agents.
(c) Medical personnel with sufficient training to provide health
services.
(d) Social workers with experience or training in prevention of
abuse of elderly or dependent persons.
(e) Public guardian.
15762. (a) When an allegation of abuse of an elder or dependent
adult is reported to a county designated adult protective service
agency and an agency social worker has reason to believe an elder or
dependent adult has suffered or is at substantial risk of abuse
pursuant to Section 15630, the social worker shall attempt to obtain
consent to enter and meet privately with the elder or dependent adult
about whom the report was made in the residence or dwelling in which
the elder or dependent adult resides without the presence of the
person's caretaker, attendant, or family or household member, unless
the person requests the presence of the attendant, caregiver, or
family member, or refuses to meet with the social worker.
(b) If there is probable cause to believe that a felony violation
of Section 368 of the Penal Code has occurred and a county social
worker has been denied entry to meet privately with the person about
whom the report has been made, the county social worker may request
accompaniment by the local law enforcement agency.
15767. (a) Each county shall establish an emergency response
adult protective services program that shall provide in-person
response, 24-hours per day, seven days per week, to reports of abuse
of an elder or a dependent adult, for the purpose of providing
immediate intake or intervention or both, to new reports involving
immediate life threats and to crises in existing cases. The program
shall include policies and procedures to accomplish all of the
following:
(1) Provision of case management services to include investigation
of the protection issues, assessment of the person's concerns,
needs, strengths, problems, and limitations, and case or service plan
to alleviate identified problems, development of joint service plan,
counseling, stabilizing, monitoring, and followup.
(2) Provisions for emergency shelter or in-home protection to
guarantee a safe place for the elder or dependent adult to stay until
the dangers at home can be resolved.
(3) Establishment of multidisciplinary teams to develop
interagency treatment strategies, to ensure maximum coordination with
existing community resources, to ensure maximum access on behalf of
elders and dependent adults, and to avoid duplication of efforts.
(b) A county shall respond immediately to any report of imminent
danger to an elder or dependent adult residing in other than a
long-term care facility, as defined in Section 9701 of the Health and
Safety Code, or a residential facility, as defined in Section 1502
of the Health and Safety Code. For reports involving persons
residing in a long-term care facility or a residential care facility,
the county shall report to the local long-term care ombudsman
program. Adult protective services staff shall consult, coordinate,
and support efforts of the ombudsman program to protect vulnerable
residents. The county shall respond to all other reports of danger
to an elder or dependent adult in other than a long-term care
facility or residential care facility within 10 calendar days or as
soon as practically possible.
(c) A county shall provide case management services to elders and
dependent adults who are determined to be in need of adult protective
services for the purpose of bringing about changes in the lives of
victims and to provide a safety net to enable victims to protect
themselves in the future. Case management services shall include the
following, to the extent services are appropriate for the individual:
(1) Investigation of the protection issues, including, but not
limited to, social, medical, environmental, physical, emotional, and
developmental.
(2) Assessment of the person's concerns and needs on whom the
report has been made and the concerns and needs of other members of
the family and household.
(3) Analysis of problems and strengths.
(4) Establishment of a service plan for each person on whom the
report has been made to alleviate the identified problems.
(5) Client input and acceptance of proposed service plans.
(6) Counseling for clients and significant others to alleviate the
identified problems and to implement the service plan.
(7) Stabilizing and linking with community services.
(8) Monitoring and follow up.
(9) Reassessments, as appropriate.
(d) To the extent resources are available, each county shall
provide emergency shelter in the form of a safe haven or in-home
protection for victims. Shelter and care appropriate to the needs of
the victim shall be provided for frail and disabled victims who are
in need of assistance with activities of daily living.
(e) Each county shall designate an adult protective services
agency to establish and maintain multidisciplinary teams including,
but not limited to, adult protective services, law enforcement, home
health care agencies, hospitals, adult protective services staff, the
public guardian, private community service agencies, public health
agencies, and mental health agencies for the purpose of providing
interagency treatment strategies.
(f) Each county shall provide tangible support services, to the
extent resources are available, which may include, but not be limited
to, emergency food, clothing, repair or replacement of essential
appliances, plumbing and electrical repair, blankets, linens, and
other household goods, advocacy with utility companies, and emergency
response units.
15764. Notwithstanding Section 10101.1, a county shall have no
share of any nonfederal expenditures above the required expenditures
for this program in the 1996-97 fiscal year, provided that the county
has maintained the level of county matching funds it provided for
this program in the 1996-97 year.
15765. This chapter shall be implemented only to the extent funds
are provided in the annual Budget Act.
SEC. 14. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution for certain
costs that may be incurred by a local agency or school district
because in that regard this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.