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HomeMy WebLinkAboutMINUTES - 05221990 - 1.32 TO: BOARD OF SUPERVISORS Contra ,Y 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