Interagency Coordination - Elder Abuse And Dependent Adult Civil Protection Act - Welfare & Institutions - CA

Section § 15653

This section outlines guidelines for when county adult protective services (APS) should investigate abuse of elders and dependent adults. The State Department of Social Services, along with county representatives and other departments, is responsible for maintaining these guidelines.

Additionally, it states that guidelines for involving local law enforcement in these investigations remain in place and can be used by APS agencies to seek help from law enforcement when elders and dependent adults are abused.

(a) Minimum guidelines for use by county adult protective services agencies in determining when an investigation of abuse is warranted shall be maintained by the State Department of Social Services in cooperation with representatives of county government, and in consultation with the Department of Aging, the Department of Justice, and other concerned state departments for use by county adult protective services agencies.

(b) Uniform guidelines for local law enforcement assistance with investigations of allegations of abuse to elders and dependent adults as developed by the Department of Justice in consultation with the department, the Department of Aging, and other concerned state and local agencies pursuant to Section 15640, as amended by Chapter 769 of the Statutes of 1986, shall remain in effect until modified. Consistent with these guidelines, county adult protective services agencies may seek local law enforcement assistance with investigations of allegations of abuse to elder and dependent adults.

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Section § 15653.5

This law requires that training on whether to refer a report of abuse in a long-term care facility for possible criminal prosecution be part of the instruction given by the Division of Medi-Cal Fraud and Elder Abuse.

Training for determining when to refer for possible criminal prosecution a report of a known or suspected instance of abuse that occurred in a long-term care facility shall be included in the training provided by the Division of Medi-Cal Fraud and Elder Abuse pursuant to subdivision (h) of Section 12528 of the Government Code.

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Section § 15654

This law requires the division to provide training programs to help local law enforcement and others understand how to investigate and prosecute crimes against elders and dependent adults. Training must also be offered to various state health and protective services agencies. It covers crime documentation and evaluation.

When developing new training materials, the division should work with police training experts and make sure the materials cover specific topics. This includes knowing which law enforcement agencies are responsible for these cases, understanding the definition of 'dependent person' and 'dependent adult'—which includes many disabled individuals, even those living independently—and any other relevant legal information.

The division can also share additional training resources with agencies as needed.

(a) As described in subdivision (h) of Section 12528 of the Government Code, the division shall offer training programs to local law enforcement and prosecutorial personnel in investigating and prosecuting crimes against elders and dependent adults, and to the State Department of Health Care Services, the State Department of Social Services, the county adult protective services agencies and to the long-term care ombudsman program in evaluating and documenting criminal abuse against elders and dependent adults.

(b) When producing new or updated training materials pursuant to this section, the division shall consult with the Commission on Peace Officer Standards and Training and other subject matter experts. Any new or updated training materials shall address all of the following:

(1) The jurisdiction and responsibility of law enforcement agencies pursuant to Section 368.5 of the Penal Code.

(2) The fact that the protected classes of “dependent person” as defined in Section 288 of the Penal Code and “dependent adult” as defined in Section 368 of the Penal Code include many persons with disabilities, regardless of the fact that most of those persons live independently.

(3) Other relevant information and laws.

(c) When the division offers or provides new or updated training materials pursuant to this section, the division also may inform the agencies of other relevant training materials.

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Section § 15655

This law mandates that various long-term care facilities in California, like nursing homes and residential care facilities, must train their staffs to recognize and report abuse of elderly and dependent adults. The training program is developed by the Department of Justice along with other state departments. Facilities must provide written notification to staff about their reporting duties and confidentiality rights. Existing facilities needed to comply with these requirements by specific dates in the early 2000s, while new facilities must comply within set periods after opening. New hires must receive training within 60 days of employment. Compliance is monitored by relevant state departments overseeing health and social services.

(a)

(1) Each long-term health care facility, as defined in Section 1418 of the Health and Safety Code, community care facility, as defined in Section 1502 of the Health and Safety Code, or residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, that provides care to adults shall provide training in recognizing and reporting elder and dependent adult abuse, as prescribed by the Department of Justice. The Department of Justice shall, in cooperation with the State Department of Health Services and the State Department of Social Services, develop a minimal core training program for use by these facilities. As part of that training, long-term care facilities, including nursing homes and out-of-home care facilities, shall provide to all staff being trained a written copy of the reporting requirements and a written notification of the staff’s confidentiality rights as specified in Section 15633.5.

(2) Each long-term health care facility, as defined in Section 1418 of the Health and Safety Code, and each community care facility as defined in Section 1502 of the Health and Safety Code, shall comply with paragraph (1) by January 1, 2001, or, if the facility began operation after July 31, 2000, within six months of the date of the beginning of the operation of the facility. Employees hired after June 1, 2001, shall be trained within 60 days of their first day of employment.

(3) Each residential care facility, as defined in Section 1569.2 of the Health and Safety Code, shall comply with paragraph (1) by July 1, 2002, or, if the facility began operation after July 1, 2002, within six months of the date of the beginning of the operation of the facility. Employees hired on or after July 1, 2002, shall be trained within 60 days of their first day of employment.

(b) Each long-term health care facility, as defined in Section 1418 of the Health and Safety Code, shall be subject to review by the State Department of Health Services Licensing and Certification Unit for compliance with the duties imposed in subdivision (a).

(c) Each community care facility, as defined in Section 1502 of the Health and Safety Code, and residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, shall be subject to review by the State Department of Social Services Community Care Licensing Unit for compliance with the duties imposed in subdivision (a).

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Section § 15655.5

This law requires county adult protective services agencies to provide certain organizations and mandated reporters with educational materials about elder and dependent adult abuse. These materials must explain what constitutes abuse and neglect, how to identify potential cases, and how the agency investigates such reports. They should also guide how to report abuse or neglect, including contact information and tips on what details aid investigations.

A county adult protective services agency shall provide the organizations listed in subdivisions (v), (w), and (x) of Section 15610.17, and mandated reporters of suspected financial abuse of an elder or dependent adult pursuant to Sections 15630.1 and 15630.2, with instructional materials regarding abuse and neglect of an elder or dependent adult and their obligation to report under this chapter. At a minimum, the instructional materials shall include all of the following:

(a) An explanation of abuse and neglect of an elder or dependent adult, as defined in this chapter.

(b) Information on how to recognize potential abuse and neglect of an elder or dependent adult.

(c) Information on how the county adult protective services agency investigates reports of known or suspected abuse and neglect.

(d) Instructions on how to report known or suspected incidents of abuse and neglect, including the appropriate telephone numbers to call and what types of information would assist the county adult protective services agency with its investigation of the report.

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