Elder & Dependent Adult Abuse Reporting

COUNTY OF SANTA CRUZ
HUMAN RESOURCES AGENCY
ADULT and LONGTERM CARE SERVICES DIVISION


Elder & Dependent Adult Abuse Reporting At-A-Glance


ELDER & DEPENDENT ABUSE REPORTING LAW:

California Welfare & Institutions Code Sec. 15600

WHO IS AN ELDER OR DEPENDENT ADULT? This definition includes, but is not limited to, persons who have developmental disabilities, or persons who mental abilities have significantly diminished because of age. (W&I Code 15610.23 & 15610.27)

  • An “Elder” is anyone 65 years of age or older.
  • A “Dependent Adult” is any person between the ages of 18 and 64 years of age who has physical or mental limitations that restrict his or her ability to carry out normal activities and/or protect his or her rights.

WHO IS REQUIRED TO REPORT? Any health practitioner, including physicians, nurses, social workers, counselors and any state or county public health or social service employee among others. “Also any person who has assumed full or intermittent responsibility for the care of an elderly or dependent adult whether or not that person receives compensation.” (W&I Code 15630 (A) & 15630 (b)(I)

WHAT MUST BE REPORTED: Mandated Reporters for Elder & Dependent Adult Abuse are required to report REASONABLE SUSPICION of any or all of the following:

  • Physical Abuse, Including:
  • Assault
  • Deprivation of care necessary to avoid harm or suffering including prolonged or continual deprivation of food and water or necessary medications.
  • Sexual abuse
  • Unreasonable use of physical constraints
  • Use of psychotropic medication or punishment or for purpose or length of time not authorized by physician.
  • Abandonment
  • Abduction
  • Financial Abuse
  • Isolation
  • Neglect
  • Self-Neglect which compromises the individual’s safety

HOW ARE REPORTS MADE? Reports of suspected abuse/neglect should be made immediately by phone. Call the Ombudsman’s office to report abuse/neglect in a licensed care facility such as a Nursing Home. Call Adult Protective Service to report abuse/neglect outside of a licensed care facility. All phone reports must be followed by a written report within 48 hours on California state form called “Report of Suspected Dependent/Elder Abuse” (SOC 341).

WHAT IS REQUIRED WHEN MAKING A REPORT? Your name, the elder or dependent adult’s name, age and location, a description of the circumstances which lead you to believe abuse/neglect is occurring and any other information you may have regarding the name of the individual believed to be responsible for the abuse/neglect; date, time and place of incident; any statement made by the victim regarding abuse/neglect. (W& I Code 15630(e)

ARE REPORTS CONFIDENTIAL? Yes.

CAN I HAVE INFORMATION ABOUT THE RESULTS OF MY REPORT? No. Results of investigations are confidential.

WHAT ARE THE PENALTIES FOR NOT REPORTING? If abuse results in death or great bodily injury, penalties include up to one year in jail and a $5000 fine. Otherwise, penalties range up to six months in jail and a fine of up to $1000. (W&I Code 15630(h)

WHAT ACTION IS TAKEN WHEN A REPORT IS MADE? The APS supervisor evaluates all reports of suspected elder abuse/neglect outside of a licensed care facility. Reports may be assigned for immediate investigation within 24 hours or within 10 calendar days. Following the investigation, the case remains open until the issues are resolved. However, an elder of dependent adult may refuse to consent to investigation or to protection by the APS or Ombudsman programs. If the adult is severely incapacitated so that he or she cannot legally give or deny consent, a Conservatorship may be initiated.

HOW CAN I REACH ADULT PROTECTIVE SERVICES OR THE OMBUDSMAN’S OFFICE BY PHONE? APS and Ombudsman’s Offices are open on weekdays during regular business hours. Staff at these agencies are also available to respond to emergencies seven days a week, 24 hours a day including holidays.

IF YOU SUSPECT ELDER OR DEPENDENT ADULT ABUSE, REPORT IT.

  • Reports to Adult Protective Services (Toll Free) 866-580-HELP (1-866-580-4357) Available 24 hours a day, 7 days a week.
  • In a Long Term Care Facility: Call the Ombudsman’s Office. 831-429-1913 or 831-688-8833
  • In a State Mental or Developmental Hospital: Report to the State Dept. of Mental Health or state Dept. of Developmental Services. 1-916-651-6279
  • Emergencies: To summon emergency assistance, including law enforcement Call 911