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HomeMy WebLinkAboutMINUTES - 04141998 - C64 TO: BOARD OF SUPERVISORS - - Contra FROM: Costa PHIL BATCHELOR, COUNTY ADMINISTRATOR �� :� z DATE: April 3, 199$ County LEGISLATION: SB 2199 (LOCKYER) - SUBJECT: ENHANCED ADULT PROTECTIVE SERVICES PROGRAM SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: ADOPT a position in SUPPORT of SB 2199 by Senator Bill Lockyer. BACKO# CUtl: Senator Lockyer has introduced SB 2199 which, as introduced, would enact an enhanced adult protective services program. The provisions of the bill enacting this enhanced program would only become effective if sufficient funds are appropriated in the State budget. The bill would also broaden and redefine' terms such as "abuse", "adult protective services", "neglect", and "care custodian". The bill would also revise provisions relating to the reporting of abuse by an adult protective services agency to a local law enforcement agency or the long-term care ombudsman program. Adult protective services have suffered over the past several years as more attention has been given to children's services and as financial resources in general have been reduced. We understand that it is the author's intent to augment the State budget to pay for the additional services created by this legislation. The Social Service Director recommends that the Board of Supervisors support SB 2199 and this office agrees with that recommendation. CONTINUED ON ATTACHMENT: YES SIGNATURE: `r RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SICiMATURES ACTION OF BOARD ON �rI ' 1998 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE _X.._UNANIMOUS(ABSENT V ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON T E DATE SHOWN. ATTESTED Contact: PHIL B TCHELOR,CLERK OF THE BOARD OF cc: See Page 2 SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY cc: County Administrator Social Service Director Steve Szalay, Executive Director California State Association of Counties 1140 K Street, Suite 101 Sacramento, CA 95814 Casey Sparks Kaneko, Executive Director Urban Counties Caucus 1100 K Street, Suite 101 Sacramento, CA 95814 Les Spahnn Heim, Noack, Kelly & Spahnn 1121 L Street, Suite 100 Sacramento, CA 95814 -2- SENATE BILL No. 2199 Introduced by Senator Lockyer (Principal coauthor: Senator Vasconcellos) (Coauthors: Senators Alpert, Rosenthal, and Watson) (Coauthor: Assembly Member Alquist) February,20, 1998 An act to amend Sections 15610.07, 15610.10, 15610.17, 15610.30, 15610.55, 15610.573, 15630, 15640, 15650, 15658, and 15659 of, and to add Chapter 13.5 (commencing with Section 15760) to Part 3 of Division 9 of, the Welfare and institutions Cade, relating to adult abuse. LEGISLATIVE COUNSEL'S DIGEST SB 2199, as introduced, Lockyer. Elder and dependent adult abuse. (1) Existing law, the Elder Abuse and Dependent Adult Civil Protection Act, sets forth provisions for the reporting of actual or suspected physical or other abuse, as defined, of an elder or dependent adult by specified persons and entities, including care custodians; and imposes various requirements on state and local agencies in processing,. investigating, and reporting on these reports. This bill, among other things, would broaden and redefine "abuse," "adult protective services," "neglect," and "care custodian" for purposes of these provisions, would change references from "fiduciary abuse" to "financial abuse, and would revise provisions relating to the reporting of abuse by an adult protective services agency to a local law enforcement agency or the long-term care ombudsman program. 99 i SB 2199 - 2 — (2) -- (2) Existing law imposes specified requirements on a mandated reporter, as defined, with respect to the observation and reporting of physical abuse of an elder or dependent adult. Violation of these provisions is a misdemeanor. This bill would revise these provisions and would include abandonment, isolation, financial abuse, and neglect as reportable abuse for purposes of these requirements. By expanding the definition of a crime, this bill would impose a state-mandated local program. (3) Existing law authorizes adult protective services to include investigations, needs assessment, the use of a multidisciplinary personnel team in order to obtain information and records necessary for adult protective services, a system in which reporting can occur on a 24-hour basis, emergency shelter, and adult respite care. Existing law also specifies the members of the multidisciplinary personnel team.. This bill would enact enhanced adult protective services provisions that would be implemented only to the extent funds for this enhancement are provided in the annual Budget Act. These provisions would require, ratherthan authorize, adult protective services to include the above protective actions, would add a public guardian to the members of the multidisciplinary personnel team, and would require each county to establish an emergency response'adult protective services program containing specified requirements. The imposition of these new requirements on counties would create a state-mandated local program.. (4) The California Constitution requires the state to ! reimburse local agencies and school districts for certain'costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the casts of I �- mandates that do not exceed $1,000,000 statewide and other j procedures for claims whose statewide costs exceed I This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. 99 ............................................................................................................................................................ ............................................................. — 3 — SB 2199 n a I With regard to any other mandates, this bill would provide the that, if the Commission on State Mandates determines that r or the bill contains costs so mandated by the state, s a I reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Jude Vote: majority. Appropriation: no. Fiscal committee: yes. t as State-mandated local program: yes. By )sea The people of the State of CaAfbmiR do enact as follows.- •s to SECTION 1. The Legislature finds and declares all of ' a 2 the following: Main 3 (a) California's mandatory reporting laws, first Aive 4 enacted in 1982, have brought the tragedy of elder and hour 5 dependent adult abuse to public attention. Annually, law 6 225,000 incidents of adult abuse occur in California--an noel 7 'increase of over 1000 percent over the number . of 8 incidents in 1986-87. Twenty-three percent of the aces 9 incidents , involve physical abuse, 32 . percent involve :tent10 fiduciary abuse, 22 percent involve mental suffering, and nual 11 3.8 percent involve sexual abuse. In addition to the than E 12 victimization by another person,in more than 50 percent move 13 of the incidents the elder or dependent adult is unable to the 14 meet their own needs due to frailty, untreated health ,ould. 15 conditions, mental or emotional problems, or family adult 16 dysfunctions. Ified i 17 (b) California counties lack the ability to respond to is on 18 approximatelV 80 percent of the incidents. In 1996-97 the 19 Adult Protective Services Program statewide was able to e to 20 respond to fewer than 44,000 of the 225,000 incidents. costs 21 (c) Staff assigned to Adult Protective Services blish 22 programs statewide has decreased by 35 percent since ,r the 23 1990 in California. -ts of i 24 (d) . Forty-five percent of the California counties no Ether 25 longer provide case management services in Adult ceed 26 Protective Services. Fifty percent of the counties do not 27 provide counseling. Fifty percent do not provide a rtain 28 24-hour hotline,money management,or tangible services for a 29 critical to ongoing safety and protection of the elders and 30 dependent adults. 99 99 SB 2199 — 4 - 1 (e) Fewer than 20 percent of the counties respond to 2 all Adult Protective Service reports. Counties must triage 3 calls and are unable to respond to many serious types of 4 abuse. 5 (f) To remedy situations of immediate danger to 6 vulnerable elders and dependent adults, it is urgent that 7 California establishes and ids a comprehensive adult 8 protective services program statewide. 9 SEC. 2. Section 15610.07 of the Welfare and 10 Institutions Code is amended to read: 11 115610.07. "Abuse of an elder or a dependent adult" 12 means physical abuse, neglect, fi4ueiffy Anancial abuse, 13 abandonment, isolation, abduction., or other treatment 14 with resulting physical harm or pain or mental suffering, 15 or the deprivation by ot eare eustedie anyperson of goods 16 or services that are necessary to avoid physical harm or 17 mental suffering. 18 SEC. 3. Section 15610.10 of the , Welfare and 19 Institutions Code is amended to read-.- 20 ead:20 15610.10. "Adult protective services means those 21 preventive and remedial activities performed on behalf 22 of elders and dependent adults who are unable to protect 23 their own interests, harmed or threatened with 'harm, 24 caused physical or mental injury due to the action or 25 inaction of another person or their own action due to as r t: 26 a result of ignorance, illiteracy, incompetence, mental 27 limitation, addiction, or poor health, lacking in adequate 28 food, shelter, or clothing, exploited of their income and 29 resources, or deprived of entitlement due them. 30 SEC. 4. Section 15610.17 of the Welfare and: 31 Institutions Code is amended to read: 32 15610.17. " :are custodian"means an administrator or 33 an employee of any of the following public or private 34 facilities or agencies,or persons providing care orrsde es services 5 for elders or dependent adults,emeept 36 Werkwee* vAth elders er Wi n+ SHINVA"ba- e0 part ef" 37 theme effiei@A dti6es, including members of the support 38 staff and maintenance staff: ss ---� s ---- SB 2199 to „-� 1 (a) Twenty-four-hour health facilities, as defined in ge 2, Sections 1250; 1250.2, and 1.250.3 of the Health and Safety of 3 Code. 4 (b) Clinics. to 5 (c) Home health agencies. iat 6 (d) Agencies providing publicly funded in-home alt *Ink {,,A 7 supportive services,nutrition services, or other home and 8 community-based support services. nd 9 (e) Adult day health care centers and adult day care. 10 (f) Secondary schools that serve 18- to 22-year-old it SIP j 11 dependent adults and postsecondary educational se, ! 12 institutions that serve dependent adults or elders. ant 13 (g) Independent living centers. aS, 14 (h) Camps. As 15 (i) Alzheimer's Disease day care resource centers. or 16 0) Community care facilities, as defined: in Section 17 1502 of the Health and Safety Code, and residential care n,d 18 facilities for the elderly,as defined in Section 1569.2 of the 19 Health and Safety Code. ase 20 (k) Respite care facilities. calf 21 (Z) Foster homes. ect - 22 (m) Vocational rehabilitation facilities and work *ml 23 activity centers. or 24 (n) Designated area agencies on aging. as 25 (o) regional centers for persons with developmental ital ►' 26 disabilities. ate 27 } ,nd 28 (p) State Department of Social Services and State 29 Department of Health Services licensing divisions. tnd 30 -( } 31 (q) County welfare departments. r or 32 - } ate 33 (r) Offices of patients' rights advocatesand clients' ces _, 34 rights advocates, including attorneys. not 35 { } t of 36 (s) The office of the long-term care ombudsman. ►ort 37 - * 38 (t) Offices of public conservators, public guardians, 39 and court investigators. 40 99 99 SB 2199 — 6- 1 6- 1 ('u) Any protection or advocacy agency or entity that 2 is designated by the Governor to fulfill the requirements 3 and assurances of the following; 4 (1) The federal Developmental Disability Assistance 5 and Bill of Rights Act, as amended, contained in Chapter 6 75 (commencing with Section 6000) of Title 42 of the 7 United States Code, for protection and advocacy of the 8 rights of persons with developmental disabilities. 9 (2) The Protection.and Advocacy for.the Mentally Ill 10 Individuals Act of 1986, as amended, contained in 11 Chapter 114 (commencing with Section 10801) of Title 42 12 of the United. States Code, for the protection and 13 advocacy of the rights of persons with mental: illnesses. 14 } 15 (y) Any other, protective, public, sectahan, mental 16 health, or private assistance or advocacy agency or person 17 providing health services or social services to elders or 18 dependent adults. 19 SEC. 5. Section 15610.30 of the 'Welfare and 20 Institutions Code is amended to read. 21 15610.30. (a) Financial abuse" means a � 22 situation in which one or both of the following apply: 23 (1) A person., including, but not limited to, one who 24 has the care or custody of, or who stands in a position of 25 trust to, an elder or a dependent adult, takes, secretes, or 3 26 appropriates their money or property, to any wrongful ti 27 use, or. for any purpose not in the due and lawful 28 execution of his or her trust: 29 (2) A, situation in which all of the following conditions 30 are satisfied: 31 � (A) An elder (who would be a dependent adult if he ; 32 or she were between the ages of 18 and 64) or dependent 33 adult or his or her representative requests that a third 34 party transfer to the elder or dependent adult or to his or 35 her representative, or to a court appointed receiver, 36 property that meets all of the following criteria: 37 (i) The third party holds or has control of the property. 38 (11) The property belongs to, or is held in express trust, ; 39 constructive trust or resulting trust for, the elder or ; 40 dependent adult. 4 y . 99 SB 2199 that .,� 1 (iii) The ownership or control of the property was ents 2 acquired in whole or in part by the third party or someone 3 acting in concert with the third party from the elder or ince 4 dependent adult at a time when the elder or dependent Ater 5 adult was a dependent adult or,was a person who would the 6 have been a dependent adult if he or she had then been the 7 between the ages of 18 and 64. 8 (B) Despite the request for the transfer of property, .y Ill 9 the third party without good cause either continues to I in 10 hold the property or fails to take reasonable steps to make Le 42 11 the property readily available to the elder or dependent and 12 adult, to his or her representative or to a court appointed Jes. 13 receiver. 14 (C) The third party committed acts described in this ental 15 paragraph in bad faith. A third party shall be deemed to rson 16 have acted in bad faith if the third party either knew or rs or 17 should have known that the elder or dependent adult had 18 the right to have the property transferred or made and 19 readily available. For purposes of this subdivision, a third 20 party should have known of this right if,on the basis of the ns a 21 information received by the elder or dependent adult, or Y: 22 the elder or dependent adult's representative, it is who 23 obvious. to a reasonable person that the elder or )n of 24 dependent adult had this right. :s, or25 (b) For the purpose of this section, the term "third Jgful 26 party" means a person who holds or has, control of wful 27 property that belongs to or is held in express trust, 28 constructive trust or resulting trust for an elder or tions .29 ' dependent adult. 30 (c) For the purposes of this section, the term if he 31 "representative" means an elder or dependent adult's dent 32 -conservator of the estate,or attorney-in-fact acting within :hrd 33 the authority of the power of attorney. as or 34 SEC. A Section 15610.55 of the Welfare and iver, 35 Institutions Code is amended to read: 36 15610.55. (a) "Multidisciplinary personnel team' erty. 37 means any team of two or more persons who are trained :rust, 38 in the prevention, identification, and treatment of abuse tr or 39 of elderly or dependent persons and who are qualified to 40 provide a broad range of services related to abuse of 99 99 ..::. ... SB 2199 — g - 1 elderly or dependent persons, as defined. in Section 2 15753.5. 3 (b) A multidisciplinary personnel team may include, 4 but is not limited to, all of the following: 5 (1) Psychiatrists, psychologists, or other trained 6 counseling personnel. 7 (2) Police officers or other law enforcement agents. 8 (3) Medical personnel with sufficient training to 9 provide health services. 10 (4) Social workers with experience or traainng in 11 prevention of abuse of elderly or dependent persons. 12 (5) Public guar&ans. 13 SEC. 7. Section 15610.57 of the Welfare and 14 Institutions Code is amended to read: 15 15610.57. (a) "Neglect'' means the either of the 16 Mowing.- 17 ollowing.17 (I) The negligent failure of any person having the care 18 or custody of an elder or a dependent adult to exercise 19 that degree ,of care wl4e that a reasonable person in a 20 like position would exercise. Negleet ; 21 (2) The negh"gent failure of the person themselves to ' 22 exercise that degree of care that a reasonable person in 23 alike position would exercise. 24 (h) Neglect includes, but is not limited to, all of the ; 25 following. 26 27 (1) Failure Failure to assist in personal hygiene, or in the 28 provision of food, clothing, or shelter. 30 (2) Failure to provide medical care for physical and 31 mental health needs. No person shall be deemed 32 neglected or abused for the sole reason that he or she r 33 voluntarily relies on treatment by spiritual means 34 through prayer alone in lieu of medical treatment. 35 36 (3) Failure to protect from health and.safety hazards: 37 38 (4) Failure to prevent malnutrition or dehydration. 39 (5) .failure of person to provide the needs specified 40 in paragraphs (1) to (4), inclusive, for themselves dire to � ss .. ................................................................................................................................................................................................................. —9 - SB 2199 Vection 1 illiteracy, incompetence, .mental Amitation, substance 2 abuse, or poor health. iclude, 3 SEC. 8. Section 15630 of the Welfare;and Institutions xained 4 Code is amended to read: 5 15630. (a) Any elder or dependent adult care 6 custodian, health practitioner, or employee of a county gents. Alk 7 adult protective services agency or a local law ing to 8 enforcement agency is,a mandated reporter. . 9 (b) Any mandated reporter, who, in his or her g 'n 10 professional capacity, or within the scope of his or her ons. 11 employment, has observed or has knowledge of an e and 12 incident. that reasonably appears to be physical abuse, 13 e e e€ e Of the 14 its a eft the body, or the �e eit of the 15 elea4y iftdieettes thett phyte Atise hm eeetrrred 16 abandonment, isolation, .financial abuse, or neglect, or is tie care 17 told by an elder or dependent adult that he or she has xercise 18 experienced behavior constituting physical abuse, on in a lg abandonment, isolation, .iznancial abuse, or neglect, or Ives to20 reasonably suspects abuse shall report the known or 21 suspected instance of abuse by telephone immediately or r�son in 22 as soon as practically passible, and by written report sent Of the 23 within two working days, as follows: 24 (1) If the abuse has occurred in a long-term care 25 facility, except a state mental health hospital or a state 26 developmental center, the report shall be made to the in the 27 local ombudsman or the local law enforcement agency. 28 (2) If the suspected or alleged abuse' occurred in a 'al and 29 state mental health hospital or a state developmental eemed 30 center, the report shall be made to designated or she 31 investigators of the State Department of Mental Health 32 or the State Department of Developmental Services or to means 33 the local law enforcement agency. } ,{oa, 34 (3) If the abuse has occurred any place other than one " 35 described in paragraph (1), the report shall be made to azards. 36 the adult protective services agency or the local law 37 enforcement agency. ;trap. 38 (c) {1} Afty meada-ted repel who hm lmewledge ec%6ed 39 e&, er reaseft&W wmpeets that-, "es of elder due to 40 depende - a" ,ase els Peperts . 99 99 SB 2199 — 10 - 1 ..._ 10 -1 mandated d hwe bee e i�rA�ed elder or e a"t er that hie or her emetion beftilg 3 is endemgereel in way eta way,may report the kftewn er 4 sttapeeted instemee of aht 5 - 4 if the suspeete or alleged Abuse eee kirred itt a 6 lengl4e care faei4ity other Omft a sWe mefttal hea4th 7 hospital or vt stere develepmeftW t'E'ft ; the� May '? 8 he made to the leegher� ease a mbudsmem _4 9 +4* If the sw eet or alleged abuse eeetre in a 10 state eet -heeAh hespiW or a stere develepmenW 11 eenter, the report ffmy be e to the stated 12 ft top of h Depfftmeat of NfettteA Heedth or 13 the C&AI-0 e rrta of DeyelepmettteA Servv4ees, or to 14 a leeal lew en fe _Tt ageney er to the leeal 15 embudsmea. 16 If the sttspeeted er aheged abuse eeetered 17 &n-ywhere else; the reper mai be made to the eet 19 If the eerxdtiet~hey erftftifteJ aetivity ftet 20 ee'-vied sAdMsi {b} ffmy he f e+ a 4Y 21 reported t-e.the *te law enf ID 22 } When two or more mandated reporters are 23 present and jointly have knowledge or reasonably suspect 24 that types of abuse of an elder or a dependent adult for 25 which a report is er is not mandated have occurred., and �> 26 when there is agreement among them, ,the telephone 27 report may be made by a member of the team selected 28 by mutual agreement, and a single report may be made 29 and signed by the selected member of the reporting 30 team. Any member who has knowledge that the member 31 designated to report has failed to do s© shall thereafter 32 make the report. 33 34 (d) A telephone report of a known or suspected 0(11 U 35 instance of elder or dependent adult abuse shall include 36 the name of the person making the report, the name and 37 age of the elder or dependent adult, the present location 38 of the elder or dependent adult, the names and. addresses 39 of family members or any other person responsible for the 40 elder or dependent adult's care,if known.,the nature and ..... .... ..... .... . ...... .. -- 11 •-- SB 2199 1 extent of the eider or dependent adult's condition, the big - 2 date of the incident,and any other information,including W"sr 3 information that led that person to suspect elder or 4 dependent adult abuse requested by the agency I if a 5 receiving the report. 6 7 (e) The reporting duties under this section are ffilkc 8 individual, and no supervisor or administrator shall 1 in f - 9 impede or inhibit the reporting duties, and no person 3eaW 10 making the report shall be subject to any sanction for F'Oked 11 making the report. However, internal procedures to :h er 12 facilitate reporting, ensure confidentiality, and apprise or to 13 supervisors and administrators of reports may be leeal 14 established, provided they are not inconsistent with this 15 chapter, arred 16 } at 17 () (1) Whenever this section requires a county adult 18 protective services.agency to report to a law enforcement 04 19 agency, the law enforcement agency shall, immediately iat 20 upon request, provide a copy of its investigative report 21 concerning the reported matter to that county adult s are 22 protective services agency. ispect 23 (2) Whenever this section requires a law enforcement alt for 24 agency to report to a county adult protective services 1, and 25 agency, the county adult protective services agency shall., ,hone 26 immediately upon request, provide a copy of its eeted 27 investigative report concerning the reported matter. to made 28 that law enforcement agency. )sting 29 . (3) The requirement to disclose investigative reports mber 30 pursuant to this subdivision shall not include the --after 31 disclosure of social services records or case files that are 32 confidential, nor, shall this subdivision be construed to 33 allow disclosure of any reports or records if the disclosure ected 34 would be prohibited by any other provision of state or clude 35 federal law. e and 36 ration 37 (g) Failure to report physical abuse,isolation,Ahanclal resses 38 abuse, or neglect of an elder. or dependent adult, in ar the 39 violation of this section, is a misdemeanor, punishable by e and F 40 not more that six months in the county jail or by a fine of 99 99 ...................... SB 2199 — 12 - 1 not more than one thousand dollars ($1,000), or by both 2 that fine and imprisonment. 3 SEC. 9. Section 15640 of the Welfare and Institutions 4 Code is amended to read: 5 15640. (a) (1) An adult protective services agency 6 shall immediately, or as soon as practically possible, 7 report by telephone to the law enforcement agency 8 having jurisdiction over the case any known or suspected 9 instance of criminal activity, and to any public agency 10 given responsibility for investigation in that jurisdiction 1.1 of cases of elder and dependent adult abuse,every known 12 or suspected instance of peeA abuse pursuant to 13 Section 15630 of an elder ordependent adult. A county 14 adult protective services age L ncy shall also send a written .15 report thereof within two working days of receiving the 16 information concerning the incident to each agency to 17 which it is required to make a telephone report under this 18 subdivision. 19 (2) Q*a vmkten repertL of possible e4mal aetiyity, be reqt4red in the 20 sem within two rig t dtilar, 21 wt ease of above ether Otphysie94 a1m9e. 22 J4* If an adult protective services agency receives a 23 report of abuse alleged to have occurred in a long-term 24 care facility, that adult protective services agency shall. 2 25 immediately inform the person making the,report that he 2 26 or she is required to make the report to the long-term 2 27 care ombudsman program or to a local law enforcement 2 28 agency. The adult protective services agency shall, not 2 29 accept the report by telephone but shall forward any 2 30 mitten report to the long term care 3 31. ombudsman. 3 32 (b) If an adult protective service's agency or local law 3 33 enforcement agency or ombudsman program receiving 3 34 a report of known or suspected elder or dependent adult 3, 35 abuse invel.i.4–tiNg. physiea4 abuse determines, pursuant to 3, 36 its investigation, that the abuse is being committed by a 3, 37 health. practitioner licensed under Division 2 3' 38 (commencing with Section 500) of the Business and 3 39 Professions Code, or any related initiative act, orby a 3! 40 person purporting to be a licensee, the adult protective41 `V . 99 ­­­­...................................................................................................................................................................................... ...................................................................................... — 13.— SB 2199 both 1 services agency or local law enforcement agency or 2 ombudsman program shall immediately, or as soon as utions 3 practically possible, report this information to the 4 appropriate licensing agency. The licensing agency shall gency 5 investigate the report in light of the potential for physical ssible, 6 harm. The transmittal of information to the appropriate gency 7 licensing agency shall not relieve the adult protective )ected g services agency or local law enforcement agency or gency . 9 ombudsman program of the responsibility to continue its fiction 10 own investigation as required under applicable mown 11 provisions of law. The information reported pursuant to Int to 12 this paragraph shall remain confidential and shall,not be .ounty 13 disclosed. mitten 14 (c) A local law enforcement agency shall immediately, ag the 15 or as soon as practically possible, report by telephone to acy to 16 the long-term care ombudsman program when the abuse er this 17 is alleged to have occurred in a long-term care' facility or 18 to the county adult protective services agency when,it is !N I Vity, 19 alleged to have occurred anywhere else, and to the in *e. 20 agency given responsibility for the investigation of cases 21 of elder and dependent adult abuse every known or Aves a 22 suspected instance of ,abuse of an elder or dependent r-term 23 adult. A local law enforcement agency shall also send a y shall 24 written report thereof within two working days of hat he ({,Y 25 receiving the information concerning the incident to any 1-term 26 agencyto which it is required to make a telephone report 5 ament 27 under this subdivision. W not . 28 (d) A long-term care ombudsman coordinator, may -d any 29 report the instance of abuse to the county adult care 30 protective services agency or to the local law 31 enforcement agency for assistance in the investigation of ,,al law 32 the abuse if the victim - gives his or her consent. A eiving 33 long-term care ombudsman program and the Licensing t adult34 and Certification Division of the State Department of ant to (14 35 Health Services shall immediately report by telephone d by a 36 and in writing within two working days to the bureau any an 2 37 instance of neglect occurring *in a health care facility, that ,-s and 38 has seriously harmed any patient or reasonably appears to r by a 39 present a serious, threat to the health or physical ective 40 well-being of a patient in that facility. If a victim, or 99 99 ................ ..... ...... ..... ..... .... . .... ..... S$ 21 - 14 - 1 '"- 14 -- 1 potential victim of the neglect withholds consent to being 2 identified in that report, the. report shall contain 3 circumstantial information about the neglect but shall not 4 identify that victim or potential victim and the bureau 5 and the reporting agency shall maintain the 6 confidentiality of the report until the report becomes a 7 matter of public record. 8 (e) When a county adult protective services agency, a 9 long--term care ombudsman program, or a local law 10 enforcement agency receives a report of abuse, neglect, i 11 or abandonment of an elder or dependent adult alleged I 12 to have occurred in a long-term care facility, that county 1 13 adult protective services agency, long-term care 1 14 ombudsman coordinator, or local law enforcement 1 15 agency shall report the incident to the licensing agency 1 16 by telephone as soon as possible. 1 17 (f) County adult protective services agencies, 1 18 long-term: care ombudsman programs, and local law 1 19' enforcement agencies shall report the results of their 1 20 investigations of referrals or reports of abuse to the 21 respective referring or reporting agencies: 22 SEC. 10. Section 15650 of the Welfare and Institutions 2 23 Code. is,amended to read. 2 24 1 . (a) Investigation of reports . of known or 2 25 suspected instances of abuse in long-term care facilities 1W 2 26 shall be the responsibility of the, long-term care 2 27 ombudsman program, for instances of physical and 2 28 fides BnancW abuse,. the local law enforcement 2 29 agency, and for instances of potential criminal neglect in 2 30 a long-terra health care facility, the long-term care 3 31 ombudsman program and the bureau. 3 32 (b) Investigations of known or suspected instances of 3 33 abuse outside of long-term care facilities shall be the 3 34 responsibility of the county adult protective services 3 35 agency and the local law enforcement agency unless 3 36 another public agency is given responsibility for 3 37 investigation in that jurisdiction. 3, 38 ('c) The investigative responsibilities set forth in this 3, 39 section are 'in -addition to, and .not in derogation of or & 40 substitution for, the investigative and regulatory 4 99 SB 2199 being 1 responsibilities of licensing agencies, such as the State )ntain 2 Department of Social Services Community Care all not 3 lAcensing Division and the State Department of Health ureau 4 Services Licensimg and Certification Division and their the 5 authorized representatives. mes a 6 (d) Other public agencies involved in the 7 investigation of abuse or advocacy of respective client ncy, a 8 populations, or both, include, but shall not be limited to, d law 9 the State Department of Mental Health and the State -glect, 10 Department of Developmental Services. Other public deged 11 agencies shall , conduct or assist in, or both, the ounty 12 investigation of reports of abuse of elder and dependent care 13 adults within their jurisdiction in conjunction with county ,ment 14 adult protective services, local ombudsman programs gency 15 and local law enforcement agencies. agency shall 16 (e) Each county adult protective.services age 17 maintain an inventory of all public and private service .ncies, 18 agencies available to assist victims of abuse, as defined by d law 19 Section 15610.07. This inventory' shall be used to refer their o the 20 victims in the event .that the county adult protective 21 services agency cannot resolve the immediate needs of ations 22 the victim, and to serve the victim on .a long-term, 23 followup basis. The intent . of this section is to m or 24 acknowledge that limited funds are available to resolve Alities r 25 all ,suspected cases of abuse reported to'a..county adult care 26 protective services agency.. I and 27 (f) Each local ombudsman prog-tram shall maintain an ,ment 28 inventory of all public and private agencies available to ect in 29 assist lona-term care residents who are victims of abuse., care 30 as defined by. Section 1561007. This inventory shall, be 31 used to refer cases of abuse in the event that another ces I of 32 agency has jurisdiction over the resident, the abuse is -e the 33 verified and further investigation. is needed by a law .Mess ces 34 enforcement or licensing agency, or the program does 35 not have sufficient resources to provide immediate Y for 36 assistance. The intent of this section is to acknowledge 37 that ombudsman responsibility in abuse cases is to receive n this 38 reports, determine the validity of reports, refer verified of or 39 abuse casesto appropriate agencies for further action as latory 40 necessary, and follow up to complete the required report 99 99 ....... ..... SB 2199 — 16- I information. Other ombudsman services shall be 111 # 2 provided to the resident, as appropriate. 3 SEC. 11.. Section 15658 of the Welfare and Institutions 4 Code is amended to read: 5 15658. (a) (1) The written abuse reports required. 6 for the reporting of abuse, as defined in this chapter,shall 7 be submitted on farms adopted by the State Department 8 of Social Services after consultation with representatives 9 of the various law enforcement agencies, the C'afforn"a 10 Department of Aging, the State Department of 1' 11 Developmental Services, the State Department of 1. 12 Mental Health, the bureau, professional medical and 1: 13 nursing.agencies,hospital associations and county welfare 1; 14 departments. These reporting forms shall be distributed 1` 15 by the cannily adult protective services agencies and the 1= 16 Zang-term care ombudsman programs. This reporting 1i 17 form may also be used for documenting the telephone I's 18 report of a known or suspected instance of abuse of an it 19 elder or dependent adult by the county adult protective 1 20 services agency,local ombudsman program,and local law 2C 21 enforcement agencies. 21 22 (2) The forms required by this section shall contain the 22 23 following items: 23 24 (A) The name, address, telephone number, and 24 25 occupation of the person reporting. ` 26 (B) The name and address of the victim.. 26 27 ( ) The date, time, and place of the incident. 27 28 (D) Other details, including the reporter's 28 29 observations and beliefs concerning:the incident. 29 30 (E) Any statement relating to the incident'made by 30 31 the victim:. 31 32 (F) The name of any individuals believed to have 32 33 knovkedge of the incident. 33 34 (+G) The name of the individuals believed to be ; 34 35 responsible for the incident and: their connection to the 35 3.6 victim. 6 37 (b) (1) Each county adult protective services agency 37 38 shall report to the State Department,of Social Services 38 39 monthly on the reports received pursuant to this chapter. 39 40 The reports shall be made on forms adopted by the 40 - 17 — SB 2199 ll be 1 department. The information reported shall include, but 2 shall not be limited to, the numberof incidents of abuse, utions 3 the number of persons abused, the type of abuse . 4 sustained, and the actions taken on the reports. For juired 5 purposes of these reports, sexual abuse shall be reported r,shall 6 separately from physical abuse. tmcnt 7 (2) The county's report to the department shall not t Ment 8 include reports it receives from the lung-term care tat iv s 9 ombudsman grogram pursuant to subdivision (c). ifo o f 10 (3) The department shall refer.to the bureau monthly int of 11 data summaries of the reports of elder and dependent , and 12 adult . abuse, neglect, abandonment, isolation, and ,Telfa 13 �r Bnane al abuse, and other abuse it receives ibuted 14 from county adult protective services agencies. nd the 15 (c) Each long-term care ombudsman program shall )ort ng 16 report to the Office of the Lang-Term Gare Ombudsman {phone 17 of the GaHomia Department of .Aging monthly on the -, o f 18 reports it receives pursuant to this chapter with a -copy -ective 19 sent to the county adult protective services agency.The cal , 20 office of the State Ombudsman. shall, submit a { 21 summarized quarterly report to the department based Qn ain the 22 the monthly reports submitted by local long-term care. 23 ombudsman. programs. The reports shall be on forms ., and 24 adopted by the department and the office of the State ( i 25 Ombudsman.The information reported shall include,but 26 shall not be limited to, the number-of incidents of abuse, 27 the numbers of persons abused,the type of abuse,and the ,orter's 28 actions taken on the reports. For purposes of these 29 reports, sexual abuse shall be reported separately from ode by 30 physical abuse. 31 SEC. 12. Section 15659 of the Welfare and Institutions have 32 ,Code is amended to read: 33 15659. (a) Any person who enters into employment to be { 34 on or after January 1, 1995, as a care custodian, health to the 35 practitioner, or with an adult protective services agency 36 or a local law enforcement agency,prior to com encing igency 37 his or her employment and as a prerequisite to that �rvices 38 employment shall sign a statement on a form:, that shall iapter. 39 'be provided by theprospective employer, to the effect by the 40 that he or she has knowledge of Section 15630 and will 99 99 SB 2199 — 18 - 1 comply with its provisions.The signed statement shall beAt) 1 2 retained by the employer. 2 3 (b) Agencies or facilities that employ persons required 3 4 to make reports pursuant.to Section 15630, who were 4 5 employed prior to January 1, 1995, shall inform those 5 6 . persons of their responsibility to make reports by 6 7 delivering to them a copy of the statement specified in 8 8 subdivision (a) . 9 (c) The cost of printing, distribution, and filing of 9 10 these statements shall be borne by the employer. 10 11 (d) On and after January 1, 1995, when a person is 11 12 issued a state license or certificate to engage in a 12 13 profession or occupation the members of which are 13 14 required to make a report pursuant to Section 15630, the 14 15 state agency issuing the license or certificate shall send a 15 16 statement substantially similar to the one contained in 16 17 subdivision (a) to the person at the same time as it 17 18 transmits the, document indicating licensure or 18 19 certification to the person. 19 20 (e) As an alternative to the procedure required by 20 . 21 subdivision (d), a state agency may cause the required ( 21 22 statement to be printed on all application forms for a 22 23 license or certificate printed on or after January 1, 1995. .23 24 (f) The retention of statements required by 24 25 subdivision (a), and the delivery of statements required 25 26 by subdivision (b) shall be the full extent of the 26 27 employer's duty pursuant to this section. The failure of 27 '28 any employee or other person associated with the 28 29 employer to report phial abuse of elders or dependent 29 30 adults pursuant to Section 15630 or otherwise meetthe 30 31 requirements of this chapter shall be the sole 31 32 responsibility of that person. The employer or facility 32 . 33 shall incurno civil or ether liability for the failure of these 33 34 persons to comply with the requirements of this chapter. i 34 35 SEC. 13. Chapter 13.5 (commencing with Section 35 36 15760) is added to Part 3 of Division 9 of the Welfare and 36 37 Institutions Code, to read: 37 38 38 39 40 99 C.4,Y _ 19 — SB 2199 shall be 1 CHAPTER 13.5. ENHANCED SERVICES 2 equired 3 15760. Notwithstanding Section 157531, adult to were 4 protective services shall include investigations, needs n those 5 assessments, remedial, and preventative social work orts by 6 activities, and the necessary tangible resources such as .ified in 7 food, transportation, emergency shelter, and in-home 8 protective care, the use of multidisciplinary teams, and a Yling of 9 system in which reporting or abuse can occur on a 24-hour 10 basis. erson is 11 15761. Notwithstanding Section 15753.531 ;e in a 12 "multidisciplinary personnel team" means any team of Lich are 13 two or more persons who are trained in the prevention, ,630, the 14 identification., and treatment of abuse of elderly or 11 send a 15 dependent persons and who are qualified to provide a tined in 16 broad range of services related to abuse of elderly or tie as it 17 dependent persons. The team may include, but is not ure or 18 limited to: 19 (a) Psychiatrists, psychologists, or 'other trained fired by 20 . counseling personnel. equired {{ 21 (b) Police officers or other law enforcement agents. ns for a 22 (c) Medical personnel with sufficient training to 1) 1995. 23 provide health services. -ed by 24 (d) Social workers with experience or trig in equired # 25 prevention of abuse of elderly or dependent persons. of the 26 (e) Public guardian. tilure of 27 15762. (a) When an allegation of abuse of an elder or dth the 28 dependent adult is reported to a county designated adult pendent '29 protective service agency and an agency social worker feet the 30 has reason to believe an elder or dependent adult has .ie sole 31 suffered or is at substantial risk of abuse pursuant to facility 32 Section 15630, the social worker shall`attempt to obtain of these 33 consent to enter and meet privately with the elder or chapter. 34 dependent adult about wham the report was made in the Section 1 35. residence or dwelling in which the elder or dependent fare and 36 adult resides without the presence of the person's 37 caretaker, attendant, or family or household member, 38 unless the person requests the presence of the attendant, 39. caregiver, or family member, or refuses to meet with the 40 social worker. t 99 .................................................................................................................................................................................. .......................................................... SB 2199 — 20 - 1 (b) If there is probable cause to believe that a felony 2 violation of Section W of the Penal Code has occurred 3 and a county social worker has been denied entry to meet 4 privately with the person about whom the report has 5 been made, the county social worker may request 6 accompaniment by the local law enforcement agency. 7 15767. (a) Each county shall establish an emergency 8 response adult protective services program that shall 9 provide in-person response, 24-hours per day, seven days 10 per week,,to reports of abuse of an elder or a dependent 11 adult, for the purpose of providing immediate intake or 11 12 intervention or both,to new reports involving immediate 13 life threats and to crises in existing cases. The program A shall include policies and procedures to accomplish all of 11 15 the following: 16 (1) Provision of case management-services to include lE 17 investigation of the protection issues, assessment of the 18 person%,s concerns, needs, strengths, problems, and H 19 limitations,and case or service plan to alleviate identified 1 20 problems, development of joint service plan, counseling, 2( 21 stabilizing, monitoring, and followup. 21 22 (2) Provisions for emergency shelter or in-home 22 23 protection to guarantee a safe place for the elder or 23 24 dependent adult to stay until the dangers at home can be 24 25 resolved. 25 26 (3) Establishment of multidisciplinary teams to 26 27 develop interagency treatment strategies, to ensure 27 28 maximum coordination with existing community 28 29 resources, to ensure maximum access on behalf of elders 29 30 and dependent adults,and to avoid duplication of efforts. 30 31 (b) A county shall respond immediately to any report 31 32 of 4 1 . t danger to an elder or dependent adult 32 33 residing in other than a long-term care facility, as defined 33 34 in Section 9701 of the Health and Safety Code, or a 34 35 residential facility, as defined in Section 1502 of the 35 36 Health and Safety Code. For reports involving persons 36 37 residing in a long-term care facility or a residential care 37 38 facility, the county shall report to the local long-term care 38 39 ombudsman program. Adult protective services staff 39 40 shall consult, coordinate, and support efforts of the 40 99 ................................ ............................ .......................................................... ................................................................................................................................................................................... ........................................................_...................................... 21 — SB 2199 t a felony 1 ombudsman program to protect vulnerable residents. occurred 2 The county shall respond to all other reports of danger to ­y to meet 3 an elder or dependent adult in other than a long-term eport has 4 care facility or residential care facility within 1 10 calendar ., request 5 days or as soon as practically possible. agency. 6 (c) A county shall provide case management services 7 to elders and dependent adults who are determined to be .nergency 8 in need of adult protective services for the purpose of that shall 9 bringing about changes in the lives of victims and to ependen I even days 10 provide a safety net to enable victims to protect , t ! intake or 11 themselves in the future. Case management services shall mored ate 12 include the following, to the extent services are ,%, program 13 appropriate for the individual: plish all of 14 (1) Investigation of the protection issues, including, 15 but not limited to, social, medical, environmental, to include 16 physical, emotional, and developmental. ent of the 17 (2) Assessment of the person's concerns and needs on -ems, and 18 whom the report has been made and the concerns and identified 19 needs of other members of the family and household., counseling, 20 (3) Analysis of problems and strengths. 21 (4) Establishment of a service plan for each person on in-home 22 whom the report has been made to alleviate the a elder or 23 identified problems. )me can be 24 .(5) Client input and. acceptance of proposed service 25 plans.. teams to 96 . (6) Counseling for clients and significant others to to ensure 27 alleviate the identified problems and to implement. the 28 set-Ace plan. ,ommunity If of elders 29 (7) Stabilizing and linking with community services. q of efforts. 30 (8) Monitoring and follow up. any report 31 (9) Reassessments, as appropriate. dent adult 32 (d) To the extent resources are available, each county as defined 33 shall provide emergency shelter in the form of a safe 34' haven or in-home protection for victims. Shelter and care .,ode, or a 35 appropriate to the needs of the victim shall be provided 502 of the ng persons 36 for frail and disabled victims who are in need of assistance lentiAl care 37 with activities of daily living. .7-terni care 38 (e) Each county shall designate an adult protective 39 services agency to rvices staff establish and maintain )rts of the 40 ' multi'disciphnary teams including, but not limited to, k 99 99 .......... ............................................................................................................. I'll....................................................................................................................................... ............................................... SB 2199 — 22 - 1 adult protective services, law enforcement, home health A care agencies, hospitals, adult protective services staff, , 3 the public guardian,private community service agencies, 4 public health agencies, and mental health agencies for 5 the purpose of providing interagency treatment 6 strategies'. 7 . (f) Each county shall provide tangible support .8 services,,to the extent resources are available, which may .9 include, but not be limited to, emergency food, clothing, 10 repair or replacement of essential appliances, plumbing 11 and electrical repair, blankets, -linens, and other 12 household goods, advocacy with utility companies, and 13 emergency response-units. 14 15764. Notwithstanding Section '10101.1, a county 15 shall have no share of any nonfederal expenditures above 16 the required expenditures s for this program in the 1996-97 17 fiscal year, provided that the county has maintained the 18 level of county matching funds it provided for this 19 program in the 1996-97 year. 20 15765. This chapter-shall be implemented only to the 21 extent funds are provided in the annual Budget Act. 22 SEC. 14. No reimbursement is required by this act 23 pursuant to Section 6 of Article XIII B of the California 24 Constitution for certain costs that may be incurred by a 25 local agency or school district because in that regard this '41 26 act creates a new crime or infraction, eliminates a crime 27or infraction, or changes the penalty- for a crime or 28 infraction, within the meaning of Section 17556 of the 29 Government' Code, or changes the definition of a crime 30 within the meaning of Section 6 of Article XIII B of the 31 California Constitution. 32 However, . notwithstanding Section 17610 of the 33 Government Code,if the Commission on State Mandates 34 determines that this act contains other costs mandated by -4 35 the- state, reimbursement to local agencies and school 36 districts for those costs shall be made pursuant to Part 7 37 (commencing with Section 17500), of Division 4 of Title 38 2 of the Government Code. If the statewide cost of the 39 claim for reimbursement does not exceed one million, 99 ............... ...................................................................................... ... ........... ........ ......... ..... - 23 - SB 2199 to health 1 dollars ($1,000,000), reimbursement shall be made from ces staff, 2 the State Mandates Claims Fund. igencies, 3 Notwithstanding Section 17580 of the Government n.cies for 4 Code,unless otherwise specified,the provisions of this act •eatment 5 shall become operative on the same date that the act 6 takes effect pursuant to the California Constitution. support rich may clothing, dumbing .d other nies, and I county es above e 1996-97 Aned the for this my to the t Act. ' this act alfornia reed by a ,gard this .s a crime crime or 56 of the if a crime I B of the i of the Mandates zdated by Lid school to fart 7 4 of Title ost of the ie million. 99 99 _.. ......... ......... ....._.. ....... ........ ........ ....._.._ ........ ........ ........... ........ ........ ........ ........ .............._.....