BILL NUMBER: SB 1003 CHAPTERED 10/10/99 CHAPTER 670 FILED WITH SECRETARY OF STATE OCTOBER 10, 1999 APPROVED BY GOVERNOR OCTOBER 6, 1999 PASSED THE SENATE SEPTEMBER 7, 1999 PASSED THE ASSEMBLY SEPTEMBER 3, 1999 AMENDED IN ASSEMBLY SEPTEMBER 1, 1999 AMENDED IN ASSEMBLY AUGUST 16, 1999 AMENDED IN ASSEMBLY JULY 7, 1999 INTRODUCED BY Senator Vasconcellos FEBRUARY 26, 1999 An act to amend Section 15763 of the Welfare and Institutions Code, and to amend Section 14 of Chapter 946 of the Statutes of 1998, relating to adult protective services. LEGISLATIVE COUNSEL'S DIGEST SB 1003, Vasconcellos. Adult protective services program: emergency response. Existing law requires each county through its emergency response adult protective services program to respond immediately to reports of imminent abuse or danger to an elder or dependent adult and to respond to other reports of danger to an older or dependent adult within 10 calendar days of the report or as soon as practicably possible. This bill would provide that an immediate or 10-day in-person response is not required when the county makes a specified determination, and documents, that the elder or dependent adult is not in imminent danger and that an immediate or 10-day in-person response is not necessary. This bill would make this provision inoperative on January 1, 2001, and would require the State Department of Social Services to submit a report regarding those cases to the Legislature on or before April 1, 2001. This bill would revise the dates by which the department is required to adopt certain regulations relating to elder and dependent adult care. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 15763 of the Welfare and Institutions Code is amended to read: 15763. (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 that include investigation of the protection issues, assessment of the person's concerns, needs, strengths, problems, and limitations, stabilization and linking with community services, and development of a service plan to alleviate identified problems utilizing counseling, monitoring, followup, and reassessment. (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) (1) 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 Welfare and Institutions 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. Except as specified in paragraph (2), 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 practicably possible. (2) An immediate or 10-day in-person response is not required when the county, based upon an evaluation of risk determines, and documents, that the elder or dependent adult is not in imminent danger and that an immediate or 10-day in-person response is not necessary to protect the health or safety of the elder or dependent adult. (3) Until criteria and standards are developed to implement paragraph (2), the county's evaluation pursuant to paragraph (2) shall include and document all of the following: (A) The factors that led to the county's decision that an in-person response was not required. (B) The level of risk to the elder or dependent adult, including collateral contacts. (C) A review of previous referrals and other relevant information as indicated. (D) The need for intervention at the time. (E) The need for protective services. (4) On or before April 1, 2001, the State Department of Social Services shall submit a report to the Legislature regarding the number of cases, by county, out of the total number of cases reported to the counties, that were determined not to require an immediate or 10-day in-person response pursuant to paragraph (2), and the disposition of those cases. (5) Paragraphs (2) and (3) shall become inoperative on January 1, 2001. (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 followup. (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. SEC. 2. Section 14 of Chapter 946 of the Statutes of 1998 is amended to read: Sec. 14. (a) The Director of Social Services shall adopt regulations as necessary to implement the provisions of this act . (b) Notwithstanding any other provision of law, the State Department of Social Services may implement the provisions of this act through an all county letter or similar instructions from the Director of Social Services until regulations are adopted.