BILL ANALYSIS �
AB 367
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Date of Hearing: March 22, 2011
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 367 (Smythe) - As Introduced: February 14, 2011
SUMMARY : Requires a county adult protective services agency or
local law enforcement agency to accept a report of suspected
elder or dependent adult abuse even if the agency to which the
report is being made lacks jurisdiction, as specified.
Specifically, this bill :
1)Allows a report of suspected elder or dependent adult abuse to
be made to any county adult protective agency or local law
enforcement agency.
2)Requires a county adult protective services agency or local
law enforcement agency to accept a report of suspected elder
or dependent adult abuse even if the agency to which the
report is being made lacks subject matter or geographical
jurisdiction unless the agency can immediately transfer the
call or report to an agency with proper jurisdiction.
3)Provides that if a county adult protective or local law
enforcement agency accepts a report about suspected elder or
dependent adult abuse in which that agency lacks jurisdiction,
the agency shall immediately refer the case by telephone,
facsimile, or electronic transmission to a county adult
protective services agency or a local law enforcement agency
with proper jurisdiction.
EXISTING LAW :
1)Requires any mandated reporter under the Elder and Dependent
Adult Civil Protection Act (EADACPA) who, within the scope of
his or her employment, observes, has knowledge of physical
abuse, financial abuse or neglect, or is told by an elder or
dependent adult that he or she has experienced abuse, or
reasonably suspects abuse, to immediately report the known or
suspected abuse, as specified. �Welfare and Institutions Code
(WIC) Section 15630(b)(1).]
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2)Defines a "mandated reporter" as any person who has assumed
the care or custody of an elder or dependent adult, including
administrators, supervisors, or licensed staff of a public or
private facility that provides care to elder or dependent
adults, elder or dependent adult care custodian, health
practitioner, clergy member, employee of county adult
protective services, or a local law enforcement agency. �WIC
Section 15630(a)(1).]
3)Provides that failure to report elder abuse under the mandated
reporting requirements is a misdemeanor, punishable by
imprisonment in the county jail not to exceed six months; by a
fine of not more than $1,000; or by both. Failure to report
abuse that results in a death or great bodily injury shall be
punished by imprisonment in the county jail not to exceed one
year; by a fine not to exceed $5,000; or by both. �WIC
Section 15630(h).]
4)Provides that an elder is any person who is 65 years of age or
older. �Penal Code Section 368(h).]
5)Defines "dependent adult" as any person between the ages of 18
and 64 who has physical or mental limitations which restrict
his or her ability to carry out normal activities or to
protect his or her rights including, but not limited to,
persons who have physical or developmental disabilities or
whose physical or mental abilities have diminished because of
age. �Penal Code Section 368(h).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "This bill is a
simple fix that eases the reporting burden on mandated
reporters and others in cases of suspected elder abuse. While
a mandated reporter has a duty to report suspected abuse to
the adult protective services agency or the local law
enforcement agency, the reporters may be sent from agency to
agency, forced to navigate local and county bureaucracies.
This confusion presents an unnecessary and burdensome
obstruction for reporters who simply want to do the right
thing.
AB 367
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"AB 367 solves for this problem by requiring county adult
protective services agencies and local law enforcement to
accept a report, regardless of jurisdiction, and immediately
forward the report to the correct agency so action can be
taken to protect these vulnerable members of society."
2)Background Supplied by Author : According to the author, this
bill eases "the reporting process in cases of suspected elder
abuse. When reporting a case of elder or dependent adult
abuse, a reporter may be sent from agency to agency and forced
to navigate local and county bureaucracies. For example, if
the abuser lives out of the area or if the investigation will
be conducted out of the area, a mandated reporter is forced to
expend time and resources tracking down the authority with
proper jurisdiction. In some cases, a mandated report will be
told (incorrectly) he or she needs to call another state,
placing that reporter in jeopardy for breaching
confidentiality since the same circumstances may not be
reportable in other states. This confusion presents an
unnecessary and burdensome obstruction for reporters who
simply want to do the right thing.
"This bill solves this problem by requiring county adult
protective services agencies and local law enforcement to
accept a report regardless of jurisdiction, and immediately
forward the report to the correct agency so action can be
taken to protect these vulnerable members of society."
3)Argument in Support : According to the California Association
of Marriage and Family Therapists , "The EADACPA establishes
various procedures for the reporting, investigation, and
prosecution of elder and dependent adult abuse. The act
requires certain persons, including Marriage and Family
Therapists, to report unknown or suspected instances of elder
or dependent adult abuse.
"This bill is intended to address two of the critical
shortcomings of the Act. This bill would require county adult
protective services agency or local law enforcement agency to
accept a report by a mandated reporter, or any other person,
of suspected elder or dependent adult abuse even if the agency
lacks jurisdiction to investigate the report. The bill also
requires a county adult protective services agency or a local
law enforcement agency that lacks jurisdiction to immediately
refer the report of suspected abuse to an agency with the
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proper jurisdiction."
REGISTERED SUPPORT / OPPOSITION :
Support
American Association of Retired Persons
California Association of Marriage and Family Therapists
California Senior Legislature
Opposition
None
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744