HomeMy WebLinkAboutMINUTES - 05221990 - 1.32 TO: BOARD OF SUPERVISORS
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FROM: Phil Batchelor, County Administrator Costa
n.' ;S
May 11 1990 y
DATE: r°s q ciii ht' P Count
LEGISLATION: SB 83 (Rosenthal)
SUBJECT:
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOML ENDATION
Adopt a position in SUPPORT of SB 83 by Senator Herschel
Rosenthal which, as amended January 22, 1990 , would establish and
fund an emergency response system for protecting elders and
dependent adults who are in immediate danger from physical harm.
BACKGROUND:
Existing law requires each county welfare department to establish
and support a system of protective services to elderly and
dependent adults who may be subjected to neglect, abuse, or
exploitation, or who are unable to protect their own interests.
Existing law specifies that adult protective services may include
investigations, needs assessment, a system of reporting abuse on
a 24-hour basis, emergency shelter, and adult respite care.
Senator Rosenthal has introduced SB 83 which, as amended January
22 , 1990 , makes declarations and findings regarding the increase
in cases of elder and dependent adult abuse, notes the lack of an
adequate emergency response system to deal with cases of
immediate danger of physical harm and notes other conclusions
which have been reached as a result of surveys of elder and
dependent abuse.
SB 83 would impose a state-mandated local program by requiring
county social workers to attempt to obtain consent to enter the
CONTINUED ON ATTACHMENT:Ye S YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ,
n APPROVE OTHER
SIGNATURES: 60 � G&,za
ACTION OF BOARD ON May 22 , APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: ATTESTED MAY 2 2 1990
PHIL BATCHELOR,CLERK OF THE BOARD OF
Please see Page 2 . SUPERVISORS AND COUNTY ADMINISTRATOR
M382 10/88 BY �"AeZ7 �� DEPUTY
premises and meet privately with. an elder or dependent adult when
the county welfare department has received an allegation of abuse
of that person. The bill also authorizes the social:- worker to
request the local law enforcement agency to seek a search warrant
if the social worker has been denied entry to meet privately with
the elder or dependent adult and there is probably. cause to
believe a criminal abuse has occurred.
SB 83 allows a county welfare department social worker, working
within the scope of his or her official duties to investigate
allegations of abuse, who has received written consent from the
person about whom an abuse report has been received,; to review
medical, financial and legal records and requires; that the
information be kept confidential.
SB 83 would also ' impose a state-mandated local program by
requiring each county to maintain a 24-hour emergency response
program. The program would require that in-person or telephone
response be available 24 hours; a day, seven days a week, to
reports of abuse of an elder or dependent adult for the purpose
of providing initial intake and intervention services to maintain
the elder or dependent adult safely in his or her own �_;home or to
provide or arrange for services to protect the safety of the
elder or dependent adult. The bill defines what services are
included in emergency response.
The bill also provides other requirements on county welfare
departments in terms of emergency response.
The bill appropriates $14 . 4 million for the 1990-91 fiscal year
in support of the emergency response program and provides for the
program to be funded in future years through the Budget Act. At
any point that the State Department of Social Services- determines
that funding for the program is; insufficient, the department is
required to either seek a deficiency appropriation or, limit the
mandate on welfare departments in accordance with listed
priorities. The department is required to notify . the Joint
Legislative Budget Committee if it limits the mandateon welfare
departments.
i
The bill would become operative July 1, 1990 .
The Board of Supervisors has been asked by the:; East Bay
Consortium for Elder Abuse Prevention to support SB 81. The bill
is sponsored by the County Welfare Directors Association of
California and is one of the principal elements;, in their
legislative program. The Social Services Director, Jim
Rydingsword, recommends that the Board of Supervisors : support SB
83 . This office concurs with these recommendations -as long as
language is included which clearly allows the County to reduce
the level of services to the amount of money which is made
available.
fah
cc: Senator Herschel Rosenthal
Assemblyman William P. Baker, Vice-Chairman
Assembly Ways and Means Committee
Lee Kemper., .Executive Director,
County Welfare Directors Association
Larry Naake, Executive Director, CSAC
County Administrator
Social Services Director
East Bay Consortium for Elder Abuse Prevention