SENIOR ASSEMBLY PROPOSAL NO.12

INTRODUCED BY SENIOR ASSEMBLY MEMBER LOH

LEGISLATIVE COUNSEL’S DIGEST

AP 12: ELDER ABUSE REPORTING.

UNDER EXISTING LAW, ELDER ABUSE OCCURRING IN A LONG-TERM CARE FACILITY OTHER THAN A STATE MENTAL HEALTH CENTER OR STATE DEVELOPMENT CENTER ARE REQUIRED TO BE REPORTED TO EITHER LONG-TERM CAR OMBUDSMEN OR LAW ENFORCEMENT AGENCIES. EXISTING LAW ALSO PROVIDES THAT ELDER ABUSE OCCURRING IN PLACES OTHER THAN THOSE STATE FACILITIES BE REPORTED TO EITHER ADULT PROTECTIVE SERVICES OR LAW ENFORCEMENT AGENCIES.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE REPORTING TO BOTH LONG-TERM OMBUDSMEN AND LAW ENFORCEMENT AGENCIES, AND BOTH ADULT PROTECTIVE SERVICES AND LAW ENFORCEMENT AGENCIES, AS APPLICABLE AND WOULD AUTHORIZE THE LOCAL OMBUDSMAN TO ACT WITH THE CONSENT OF THE VICTIM OR THE VICTIM’S LEGAL REPRESENTATIVE.

VOTE: MAJORITY.

AP 12: RELATING TO ELDER ABUSE REPORTING

WHEREAS, LACK OF RESOURCES FOR ELDER AND DEPENDENT ADULT ABUSE CASES IN ADULT PROTECTIVE SERVICES, LONG-TERM CARE OMBUDSMAN, AND LAW ENFORCEMENT AGENCIES CAN RESULT IN INVESTIGATIONS BE DELAYED AND INCOMPLETE, LEAVING THE SUSPECTED VICTIMS AT RISK FOR ADDITIONAL ABUSE; AND

WHEREAS, CROSS-REPORTING IS NOT DONE ROUTINELY OR IN A TIMELY MANNER BY ADULT PROTECTIVE SERVICES, LONG-TERM CARE OMBUDSMAN, AND LAW ENFORCEMENT AGENCIES, AND AT A TIME WHEN MILLIONS OF BABY BOOMERS ARE EXPECTED TO BE VULNERABLE TO THESE ABUSES, THERE IS A NEED TO REVIEW AND UPDATE THE LAW TO BETTER PROTECT THE MOST VULNERABLE POPULATION IN OUR SOCIETY, AND

WHEREAS, SUBPARAGRAPHS (A) AND (C) OF PARAGRAPH (1) OF SUBDIVISION (b) OF SECTION 15630 OF THE WELFARE AND INSTITUTIONS CODE SHOULD BE AMENDED TO REQUIRE REPORTING OF ABUSE TO BOTH THE LOCAL OMBUDSMAN AND LOCAL LAW ENFORCEMENT; AND

WHEREAS, SUBDIVISION (a) OF SECTION 15636 OF THE WELFARE AND INSTITUTIONS CODE SHOULD BE AMENDED TO AUTHORIZE THE LOCAL LONG-TERM OMBUDSMAN TO ACT AND DISCLOSE CONFIDENTIAL INFORMATION ONLY WITH THE CONSENT OF THE VICTIM OR THE VICTIM’S LEGAL REPRESENTATIVE OR PURSUANT TO COURT ORDER; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2006 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT ELDER ABUSE BE REPORTED TO BOTH THE LOCAL LONG-TERM CARE OMBUDSMAN AND LOCAL LAW ENFORCEMENT; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE SPEAKER OF THE ASSEMBLY, THE PRESIDENT PRO TEMPORE OF THE SENATE, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.

RN20061901504

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