AMENDED IN SENIOR ASSEMBLY OCTOBER 16, 2006

SENIOR ASSEMBLY PROPOSAL NO.21

INTRODUCED BY SENIOR ASSEMBLY MEMBER TUCKER

(COAUTHOR: SENIOR ASSEMBLY MEMBER WIECK)

(COAUTHOR: SENIOR SENATOR FROMM)

LEGISLATIVE COUNSEL’S DIGEST

AP 21: ELDER AND DEPENDENT ADULT ABUSE.

UNDER EXISTING LAW, CERTAIN PERSONS, KNOWN AS MANDATED REPORTERS, ARE REQUIRED TO REPORT INCIDENTS OF ELDER AND DEPENDENT ADULT ABUSE TO LAW ENFORCEMENT, ADULT PROTECTIVE SERVICES, OR A LONG-TERM CARE OMBUDSMAN.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE THAT MANDATED REPORTERS REPORT INCIDENTS OF ELDER AND DEPENDENT ADULT ABUSE TO BOTH LAW ENFORCEMENT AND EITHER, AS APPROPRIATE, ADULT PROTECTIVE SERVICES OR A LONG-TERM CARE OMBUDSMAN.

VOTE: MAJORITY.

AP 21: RELATING TO ELDER AND DEPENDENT ADULT ABUSE

WHEREAS, EXISTING LAW REQUIRES ANY PERSON WHO HAS ASSUMED FULL OR INTERMITTENT RESPONSIBILITY FOR THE CARE OR CUSTODY OF AN ELDER OR DEPENDENT ADULT, ANY LICENSED STAFF OF A FACILITY THAT PROVIDES CARE OR SERVICES FOR ELDER OR DEPENDENT ADULTS, AND OTHER SPECIFIED PERSONS TO REPORT ANY INCIDENT OF THE ABUSE OF AN ELDER OR DEPENDENT ADULT TO A LOCAL LAW ENFORCEMENT AGENCY, THE LOCAL LONG-TERM CARE OMBUDSMAN, AN ADULT PROTECTIVE SERVICES AGENCY, OR, IN CERTAIN CASES, DESIGNATED STATE INVESTIGATORS; AND

WHEREAS, DUE TO A LACK OF RESOURCES FOR ELDER AND DEPENDENT ADULT ABUSE CASES IN AGENCIES THAT ADDRESS THESE PROBLEMS, INVESTIGATIONS CAN BE DELAYED OR LEFT INCOMPLETE, LEAVING THE VICTIMS AT RISK OF SUFFERING FURTHER ABUSE; AND

WHEREAS, CROSS REPORTING IS NOT DONE ROUTINELY OR IN A TIMELY MANNER BY ANY OF THE AGENCIES. IN ADDITION, A LOCAL OMBUDSMAN CAN ONLY TAKE ACTION (INCLUDING CROSS REPORTING) WITH THE PERMISSION OF THE VICTIM OR A RESPONSIBLE PARTY; AND

WHEREAS, ABUSE VICTIMS ARE OFTEN RELUCTANT TO REPORT OR PARTICIPATE IN INVESTIGATIONS FOR FEAR OF RETALIATION. FOR THAT REASON CARE FACILITY RESIDENTS OFTEN HAVE NO PROTECTION FROM FURTHER ABUSE; AND

WHEREAS, MANY NURSING HOMES REPORT ALL OF THEIR RESIDENT-TO-RESIDENT ELDER AND DEPENDENT ADULT ABUSE CASES ONLY TO LAW ENFORCEMENT. LAW ENFORCEMENT AGENCIES DO NOT INVESTIGATE ABUSE THAT IS NOT CRIMINAL IN NATURE (RESIDENT-TO-RESIDENT, SELF-NEGLECT, ETC.). ADULT PROTECTIVE SERVICES AND THE OMBUDSMAN PROGRAM DO INVESTIGATE THESE INCIDENTS AND CAN PROVIDE VICTIMS WITH OTHER SERVICES; AND

WHEREAS, ONE OF THE PRIMARY CAUSES OF THIS TYPE OF ABUSE IS SHORT STAFFING IN THE CARE FACILITY. IF THESE CASES ARE NOT CROSS REPORTED TO THE OMBUDSMAN PROGRAM, THE PROBLEMS WILL NOT BE CORRECTED; AND

WHEREAS, IF A LOCAL OMBUDSMAN RECEIVES A REPORT OF ABUSE, THAT OMBUDSMAN MAY ACT ONLY WITH THE CONSENT OF THE VICTIM, AND, UNLESS THE VICTIM GIVES HIS OR HER CONSENT FOR THE OMBUDSMAN TO INVESTIGATE, THE OMBUDSMAN MAY NOT REPORT THE CASE TO LAW ENFORCEMENT OR ADULT PROTECTIVE SERVICES FOR ASSISTANCE IN THE INVESTIGATION. CONSEQUENTLY, THE ABUSER MAY CONTINUE TO WORK IN THE FACILITY WITH FRAIL, ELDERLY RESIDENTS; AND

WHEREAS, ADULT PROTECTIVE SERVICES HAVE BEEN KNOWN TO REPORT ABUSE CASES TO LAW ENFORCEMENT TWO WEEKS AFTER THE OFFENSE, ALLOWING RETALIATION BY STAFF OR FAMILY MEMBERS WHICH MAY CAUSE THE RESIDENT TO BECOME DESPONDENT AND, OUT OF FEAR, DENY TO LAW ENFORCEMENT ALL ALLEGATIONS IN AN EFFORT TO STOP THE RETALIATION; 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 THE SECTIONS 15630 AND 15640 OF THE WELFARE AND INSTITUTIONS CODE BE AMENDED TO REQUIRE THAT MANDATED REPORTERS REPORT INCIDENTS OF ELDER AND DEPENDENT ADULT ABUSE TO BOTH LAW ENFORCEMENT AND EITHER, AS APPROPRIATE, ADULT PROTECTIVE SERVICES OR A LONG-TERM CARE OMBUDSMAN; 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.

RN20061899116

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