BILL ANALYSIS �
AB 2379
Page 1
Date of Hearing: May 6, 2014
ASSEMBLY COMMITTEE ON JUDICIARY
Bob Wieckowski, Chair
AB 2379 (Weber) - As Amended: April 22, 2014
PROPOSED CONSENT
SUBJECT : ABUSE OF DEPENDENT ADULTS: MULTIDISCIPLINARY TEAMS
KEY ISSUE : SHOULD CHILD WELFARE SERVICES PERSONNEL BE INCLUDED
AMONG THOSE PROFESSIONALS AUTHORIZED TO PARTICIPATE ON A
MULTIDISCIPLINARY TEAM PROVIDING SERVICES TO ELDERLY OR
DEPENDENT ADULTS VULNERABLE TO ABUSE?
SYNOPSIS
This non-controversial bill, sponsored by the County of San
Diego, seeks to include child welfare services (CWS) personnel
among those persons who may serve on an adult protective
services (APS) multidisciplinary team, which currently may
consist of various professionals trained in the prevention,
identification, management, or treatment of abuse of elderly or
dependent adults. According to the author, existing law does
not explicitly allow for shared participation and information
exchange between CWS and APS personnel in cases where that would
be appropriate and may help protect a dependent adult from
further abuse by a parent or caregiver. Proponents, including
counties, welfare directors, and social workers, contend that
the bill will help facilitate sharing of information necessary
for the identification of appropriate and responsive services
for many vulnerable dependent adults, particularly those who may
have had past interaction with the state's foster care system.
The bill was previously approved by the Assembly Human Services
Committee by a 7-0 vote and has no known opposition.
SUMMARY : Authorizes child welfare services personnel to be
included among those persons who may serve on an adult
protective services (APS) multidisciplinary team.
EXISTING LAW :
1)Establishes the Elder Abuse and Dependent Adult Civil
Protection Act (EADACPA), which declares that infirm elderly
persons and dependent adults are a disadvantaged class, and
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provides that adult protective services (APS), long-term care
ombudsman programs, and law enforcement agencies receive
referrals and complaints from mandated reporters and the
public regarding allegations of elder or dependent abuse or
neglect and shall take necessary actions, as specified.
(Welfare and Institutions Code Section 15600. All further
references are to this code unless otherwise stated.)
2)Defines "multidisciplinary personnel team" as a team of two or
more persons who are trained in the prevention,
identification, management, or treatment of abuse of elderly
or dependent adults and who are qualified to provide a broad
range of services related to abuse of elderly or dependent
adults. (Section 15610.55(a).)
3)Provides that a multidisciplinary team may include, but is not
limited to, psychiatrists, psychologists, or other trained
counseling personnel; police or other law enforcement agents;
medical personnel; social workers with experience or training
in prevention of elder or dependent adult abuse; public
guardians; and the long-term care ombudsman (LTCO). (Section
15610.55(b).)
FISCAL EFFECT : As currently in print this bill is keyed
non-fiscal.
COMMENTS : This non-controversial bill, sponsored by the County
of San Diego, seeks to include child welfare services (CWS)
personnel among those persons who may serve on an adult
protective services (APS) multidisciplinary team, which
currently may consist of a variety of professionals trained in
the prevention, identification, management, or treatment of
abuse of elderly or dependent adults.
According to the author, this simple statutory authorization for
CWS and APS personnel to share expertise and information may
help protect vulnerable dependent adults in appropriate cases
where, for example, there is a history of past child abuse by
those responsible for the dependent adult's care. In support of
the bill, the author explains:
In 2010, the County of San Diego dealt with the case of
Jeremy Marlow, a 28-year old man who was severely
developmentally disabled and had cerebral palsy. His
caregivers were his mother and brother. Jeremy was
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admitted to the hospital with breathing problems. He was
covered in cat hair and weighed less than 100 pounds.
Sheriff's investigators found in his bedroom a soiled
mattress, garbage and feces, and his wheelchair covered
in cat hair. Jeremy died after a few days in the
hospital.
There are two more recent cases in San Diego of young
dependent adults who are suspected of being abused. Both
cases (involved) victims with intellectual disabilities
who were reportedly being abused by a parent. Adult
Protective Services workers in these two cases are
precluded by law from asking for case information from
Child Welfare Services workers. In all three of these
cases, the ability for APS workers to know the child
abuse history of these cases is crucial to protecting
these vulnerable adults from the very people who are
supposed to care for them.
AB 2379 would allow the exchange of information between
two or more CWS and APS workers in order to assist with
the prevention and amelioration of abuse for individuals
who were in the CWS system and are now adults.
This bill allows for the inclusion of CWS personnel in
appropriate cases, particularly in cases where a dependent adult
may have recently been in the child welfare system. This bill
permits the inclusion of CWS personnel on a multidisciplinary
personnel team for an elderly or dependent adult, which is not
explicitly allowed under existing law. The bill does not
require inclusion of CWS personnel in every case, but simply
authorizes inclusion where appropriate for providing services to
and safeguarding against abuse of a vulnerable dependent adult.
Allowing participation by a CWS worker on an APS
multidisciplinary team could improve access to information
necessary to the identification of appropriate and responsive
services particularly for any dependent adult who may have had
past interaction with the state's foster care system.
In such cases, the bill facilitates the CWS worker to provide
additional information to the other members of the APS
multidisciplinary team regarding, for example, whether the
dependent adult was in foster care; whether as a minor in foster
care, the adult suffered chronic abuse committed by his or her
parent or caregiver; and if additional information related to
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the adult's time in foster care should be pursued to justify the
adult's receipt of additional services or placement into
temporary emergency protective custody stemming from past
instances of abuse dating back to the adult's time in foster
care.
ARGUMENTS IN SUPPORT : The bill is supported by counties,
welfare directors, and social workers, among others, who contend
it will help prevent abuse of dependent adults. For example,
the Urban Counties Caucus writes in support:
Current law does not allow information sharing between
Child Welfare Services and Adult Protective Services
regarding a minor in proceedings, and limits access to
case files. AB 2379 would allow the sharing of
information between the two systems which will help
prevent abuse of dependent adults before it occurs, and
ensure that parents or caregivers who have abused
victims as children, cannot continue to abuse them as
adults.
REGISTERED SUPPORT / OPPOSITION :
Support
County of San Diego (sponsor)
AFSCME
California Association of Public Authorities for IHSS (CAPA)
California Probation, Parole and Correctional Association
(CPPCA)
California State Association of Counties (CSAC)
County Welfare Directors Association of CA (CWDA)
National Association of Social Workers, CA Chapter (NASW-CA)
Urban Counties Caucus
Opposition
None on file
Analysis Prepared by : Anthony Lew / JUD. / (916) 319-2334