DPSS 4362 (05/14) 4362 DPSS s e c i v r e S l a i c o S c i l b u P e f d ADULT o i DIVISION SERVICES s t r n e e v m i t R r a f p o e D y t n u o C
A Mandated Reporter’s Guide to Elder Dependent Adult Abuse Reporting 1 WHAT IS A MANDATED REPORTER? MANDATED A IS WHAT Each year our elderly and dependent adult population increases. While many of our seniors and dependent adults live healthy, active lives, some are not so fortunate. In today’s economy, our avail- able resources cannot keep up with this rapid growth of older and dependent adults. We must pool our knowledge, expertise and resources to work smarter and more e$ciently to combat abuse and neglect and help this population continue to live to their fullest capacity, free from abuse, neglect and exploitation. The purpose of Mandated Reporter training and this book is to provide information to mandated reporters by helping them recognize signs of abuse and neglect, informing them of their legal obliga- tion to report, and how, when and where to report. Getting involved in building a stronger community care net that can save lives takes very little time or e#ort, but making a di#erence to one person, whose life may be saved or improved, is tremendous. Working together, we can make a di#erence! Some Important Statistics: In the United States, the 2010 Census recorded the greatest number and proportion of people aged 65 and older in all census history: 40.3 million, or 13% of the total population. This “Boomer Genera- tion” e#ect will continue for decades (1) By 2050, people aged 65 and older are expected to comprise 20% of the total U.S. population. The fastest growing segment of America’s population consists of those 85 and up (2). In 2010, there were 5.8 million people aged 85 or older. By 2050, it is projected that there will be 19 million people aged 85 and older (3). Approximately 19 million U.S. adults aged 18-64 have a disability (4). Institutionalized adult women with disabilities reported a 33% prevalence of having ever experienced interpersonal violence vs. 21% for institutionalized adult women without disabilities (5).
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Visit us on Facebook When considering lifetime abuse by any perpetrator, a sample of 200 adult women with disabilities indicated that 67% had experienced physical abuse and 53% had experienced sexual abuse (6). In a study of 342 men, 55% of men experienced physical abuse by any person after becoming disabled. Nearly 12% of these men stated they experienced physical abuse by a personal assistance service provider over their lifetime (7). It is estimated that one in ten older Americans experience abuse or neglect each year. The number of abuse reports are growing at the same time that resources for agency responses are shrinking. County of Riverside Adult Services Division provides social service programs to help Riverside County’s elderly and dependent adults live with as much independence as possible We believe in a person’s right to dignity, self-determination and to live in the least restrictive environment possible.
Elder and dependent adult abuse a#ects all of us; TOGETHER WE CAN MAKE A DIFFERENCE.
1U.S. Dept. of Commerce, U.S. Census Bureau. (2011) The older population: 2010 (Publication C2010BR-09). Washington, D.C.: Author. 2U.S. Dept. of Commerce, U.S. Census Bureau. (2008) Population projections, 2008. Washington, D.C: Author. 3U.S. Dept. of Commerce, U.S. Census Bureau. (2010) The next four decades: The older population in the U.S. 4U.S. Census Bureau (2010). Census 2010, American Fact Finder. Washington, D.C: Author 5Barrett, K. A., O’Day, B., Roche, A., & Carlson, B. L.(2009). Intimate partner violence, health status, and health care access among women with disabilities. Women’s Health Issues, 19(2), 94-100. 6Powers, L., Curry, M., Oschwald, M., Maley, S., Saxton, M. & Eckels, K. (2002). Barriers and strategies in addressing abuse: A survey of disabled women’s experiences. Journal of Rehabilitation, 68(1), 4-13. 7Powers, L, Saxton, M., Curry, M. Powers, J., Mc-Ne#, E. & Oschwald, M. (2008). End the silence: A survey of abuse against men with disabilities. Journal of Rehabilitation, 74(4), 41-53. 2 3 36 sual sual al or or al PC368(i) PC 368(b); W&IC 15610.27 W&IC PC 368(b); PC 368 (h) and W&IC 15610.23(a) and W&IC 15610.23(a) PC 368 (h) PC 243.4, 261, 264.1, 262, 285, 286, 288a, 289 288a, 286, 285, 262, 264.1, 261, 243.4, PC to an elder or dependent adult by any person, person, any by adult dependent or elder an to s ordered. Includes: assault, battery, non-consen battery, assault, Includes: ordered. s ntinued deprivation of food or water, use of physic of use water, or food of deprivation ntinued unishment (over or under medicating), unauthorized unauthorized medicating), under or (over unishment r dependent adult. adult. dependent r (As De"ned in: Elder Abuse & Dependent Adult Civil Protection Act – W&IC, De"ned Act (As Abuse & Dependent in: Elder Civil Protection Adult (Including Consumer Fraud by a Business) Taking, hiding or using the Taking, (Including money by a or Consumer Fraud Business) property of an elder The in!iction or threat of physical pain or injury or pain physical of threat or in!iction The Failure to provide needed care, custody or control of an elder or dependent adult to exercise a degree degree a exercise to adult dependent or elder an of control or custody care, needed provide to Failure l: : Neglect Financia
or dependent adult wrongfully or with intent to defraud. i.e. using undue in!uence to get a victim to sign docu- sign to victim a get to in!uence undue using i.e. defraud. to intent with or wrongfully adult dependent or of Attorney. Power with or without a Financial etc., property trust, such as will, ments transfer, TYPES NEGLECT: OF ABUSE AND Any person who has the care, custody or control of, or who stands in a position of trust with an elder or with an elder a position of trust who stands in or of, or control custody care, who has the person Any not) adult (whether paid or dependent CARETAKER An Elder is any person 65 years of age or older. older. age or of 65 years person is any Elder An ADULT DEPENDENT restrict that ability his or her limitations or mental to physical 18-64 who has the ages of between person Any carry out normal activities or her rights. his protect or to ELDER unreasonable physical constraint or prolonged or co or prolonged or constraint physical unreasonable p for medication psychotropic of restraint chemical wa medication the which that beyond use or purposes sexual contact with, or exploitation of, an elder o elder an of, exploitation or with, contact sexual of care that a reasonable person in a like position would exercise, i.e.: care of basic body hygiene, clean, safe housing, adequate food and liquid, clean appropriate clothing, medical aids such as glasses individuals. delayed supervision or developmentally demented for and walkers or Physical: Physical: Division 9, Part 11-13) 3, Chapters
DEFINITIONS NOTES: NOTES:
35 DEFINITIONS Self-Neglect : Failure of an elder or dependent adult to provide themselves appropriate personal hygiene, medical care or protection from hazards or to prevent malnutrition or dehydration due to ignorance, illiteracy, incompetence, mental limitation, substance abuse, or poor health.
Abandonment : Desertion or willful forsaking of an elder or dependent adult by anyone having the care or custody of that person under circumstances in which a reasonable person would continue to provide care and custody.
Psychological/Mental Su#ering : Fear, agitation, confusion, severe depression, or other forms of serious emotional distress brought on by intimidating behavior, threats, harassment, or by deceptive acts, or by false or misleading statements made with malicious intent to agitate, confuse, frighten, or cause severe depression or serious emotional distress of an elder or dependent adult.
Isolation: Purposeful prevention of communication between the elder or dependent adult and others (excluding activities pursuant to the instruction of a licensed physician or activities that are a reasonable response to a threat or danger to property or physical safety.) i.e. person of trust being violent, aggressive, controlling, uncaring or threatening withdrawal of care or nursing home placement. This abuse may also include isolating the victim for friends and family.
Abduction : Removal from the state or restraining from returning to the state of California of any elder or dependent adult who does not have the capacity to consent to the removal/restraint (including any conser- vatee removed from the state or restrained from returning without the consent of the conservator or court.)
4 t 8IFOPSNPSFNBOEBUFESFQPSUFSTBSFQSFTFOU KPJOUMZIBWFLOPXMFEHFPSTVTQJDJPO ttt "EVMU1SPUFDUJWF4FSWJDFT "14 t -POH5FSN$BSF0NCVETNBO -5$0 t -JDFOTJOH"HFODZ t -BX&OGPSDFNFOU%JTUSJDU"UUPSOFZ 1VCMJD(VBSEJBO1SPCBUF$PVSU %FQBSUNFOUPG$POTVNFS"òBJST %JWJTJPOPG*OWFTUJHBUJPO ttt /PTVQFSWJTPSPSBENJOJTUSBUPSTIBMMJNQFEFPSJOIJCJUUIFSFQPSUJOHEVUJFT /PQFSTPONBLJOHUIFSFQPSUTIBMMCFTVCKFDUUPTBODUJPOGPSNBLJOHUIFSFQPSU *OUFSOBMQSPDFEVSFTNBZCFFTUBCMJTIFEUPGBDJMJUBUFSFQPSUJOH FOTVSFDPOöEFOUJBMJUZBOEBQQSJTF 5 34 W&IC 15630(a) W&IC W&IC 15630(b)(1) W&IC 15630(b)(1) W&IC 15610.17 t "EVMU$IJME1SPUFDUJWF4FSWJDFT4UBò ttt 'JOBODJBM*OTUJUVUJPOT 'JOBODJBM"CVTFJTSFQPSUFEPO40$ $PEF&OGPSDFNFOU0óDFST "OJNBM$POUSPM0óDFST ttt -BX&OGPSDFNFOU0óDFST $MFSHZ 1BSBNFEJDTBOE'JSF1FSTPOOFM t "EVMU1FSTPOBM$BSF1SPWJEFST Mandated reportingMandated to: parties limited not but are include, t )FBMUIDBSFQSBDUJPOFST JODMVEJOHBENJOJTUSBUPSTPSFNQMPZFFTPGQVCMJDPSQSJWBUFGBDJMJUJFT PS as de+ned in or services adults, elders or dependent care for or persons providing agencies, Any person who provides Health or Social Services to elderly or dependent adults (whether or not they not or (whether adults dependent or elderlyServices Social to or Health provides who person Any REPORTER. is a MANDATED paid) are Any mandated reporter, who in his/her professional capacity, or within the scope of his/her employ- ment, has observed or has knowledge of an incident that reasonably appears to be abuse, abandon- ment, isolation, +nancial abuse or neglect, or is told by an elder or dependent adult that experienced he/she behavior has constituting abuse, shall report the known or suspected immediately. abuse by telephone Everyone Everyone should report all observed, known or suspected incidents of adult abuse, but the following report: to law by required are persons Riverside Area Rape Crisis-Western/Southwest Rape Crisis-Western/Southwest Area Riverside – Hemet/San Sexual Jacinto Assault Against Center Hotline Sexual Assault Valley Coachella 951-652-8300 951-686-7273 800-656-4673 SEXUAL ASSAULT SEXUAL Alternatives to Domestic Violence Violence Domestic to Alternatives hour hotline 24 Western; Storm The from Shelter Eastern/Desert; 24 hour hotline 951-683-0829 800-775-6055 800-339-7233 760-328-7233 DOMESTIC VIOLENCE DOMESTIC Ombudsman (Facility Abuse) Abuse) Ombudsman (Facility Service Public Corporation Law Line & Referral Info Co. Riverside Bar Association County Riverside legal services residents) eligible service; to Referral (Free (Attorney Social Security Administration 951-686-4402 951-682-7968 211 951-682-7520 800-772-1213
WHO IS A MANDATED REPORTER? IMPORTANT NUMBERS AND RESOURCE LIST t )FBMUIDBSFQSBDUJPOFST JODMVEJOHBENJOJTUSBUPSTPSFNQMPZFFTPGQVCMJDPSQSJWBUFGBDJMJUJFT PS t "EVMU1FSTPOBM$BSF1SPWJEFST t -BX&OGPSDFNFOU0óDFST t $MFSHZ t 1BSBNFEJDTBOE'JSF1FSTPOOFM t 'JOBODJBM*OTUJUVUJPOT 'JOBODJBM"CVTFJTSFQPSUFEPO40$ t $PEF&OGPSDFNFOU0óDFST t "OJNBM$POUSPM0óDFST t "EVMU$IJME1SPUFDUJWF4FSWJDFT4UBò
REPORTER PROTECTION: t /PTVQFSWJTPSPSBENJOJTUSBUPSTIBMMJNQFEFPSJOIJCJUUIFSFQPSUJOHEVUJFT t /PQFSTPONBLJOHUIFSFQPSUTIBMMCFTVCKFDUUPTBODUJPOGPSNBLJOHUIFSFQPSU t *OUFSOBMQSPDFEVSFTNBZCFFTUBCMJTIFEUPGBDJMJUBUFSFQPSUJOH FOTVSFDPOöEFOUJBMJUZBOEBQQSJTF supervisors and administrators of reports, provided they are consistent with the law.
MULTIPLE REPORTERS t 8IFOPSNPSFNBOEBUFESFQPSUFSTBSFQSFTFOU KPJOUMZIBWFLOPXMFEHFPSTVTQJDJPO They can agree that the report will be made by a selected member.
REPORTING PARTY CONFIDENTIALITY The identify of any person who reports shall be con+dential and disclosed only among the following agencies: t "EVMU1SPUFDUJWF4FSWJDFT "14 t -POH5FSN$BSF0NCVETNBO -5$0 t -JDFOTJOH"HFODZ t -BX&OGPSDFNFOU%JTUSJDU"UUPSOFZ THE REPORTING PARTY, THE REPORT, AND t 1VCMJD(VBSEJBO1SPCBUF$PVSU THE INFORMATION ON THE REPORT SHALL t %FQBSUNFOUPG$POTVNFS"òBJST %JWJTJPOPG*OWFTUJHBUJPO * BE KEPT CONFIDENTAIL AND MAY BE DISCLOSED ONLY AS PROVIDED BY LAW. ANY VIOLATION OF CONFIDENTIALITY IS7 A MISDEMEANOR AND MAY BE PUNISHABLE BY FINE, IMPRISONMENT, OR BOTH. 6 7 32 800-491-7123
24-hour hotline to report24-hour hotline to abuse
APS Central Intake APS Central 10769 Hole Avenue CA 92505 Riverside, 951-358-3969 FAX: After calling in send/Fax a in send/Fax calling After reportwritten (SOC 341) to: Call it in immediately to: to: immediately it in Call 800-491-7123 APS:
2 . . 2 1. If you observe, have knowledge of, are told about, about, told are knowledge of, observe,If have you Alzheimer’s “Safe Return” Return” “Safe Alzheimer’s CARE DPSS-Consumer /Riv Fraud Co O$ce District Attorney’s Department A#airs of Consumer RegistryDo Not Call (Telemarketing) Centers Justice Family services assault & domestic violence sexual elder abuse, Comprehensive Riverside Murrieta Indio 800-476-7506 Commission Trade Federal Program) & Advocacy HICAP Counseling (Health Insurance ServicesInland Legal County 800-572-1122 800-434-0222 888-382-1222 951-782-4263 Assistance) Mental Health (Crisis Info) (Resources O$ce on Aging 951-955-5400 877-438-4338 800-706-7500 951-368-2555 951-955-6100 760-863-8363 800-510-2020 951-304-5680 EMERGENCY Services Protective Adult 911 or reasonably suspect abuse, YOU MUST REPORT MUST IT! YOU suspect or reasonably abuse, HOW DO YOU REPORT? YOU DO HOW If the abuse occurs in the Community, (i.e. private home, hotel, senior center, hospital or unlicensed facilities) or unlicensed hospital senior center, hotel, home, private (i.e. Ifthe Community, in abuse occurs the
REPORTING ABUSE OR NEGLECT CALLIn 911 …then call APS an emergency or if a crime is in progress IMPORTANT NUMBERS AND RESOURCE LIST ABUSE IN A LONG TERM FACILITY TERM LONG A IN ABUSE
If the abuse occurs in a LONG-TERM CARE FACILITY, (i.e. nursing home, adult residential facility, adult day program, convalescent home, or board & care), REPORT IMMEDIATELY OR AS SOON AS POSSIBLE TO:
Long Term Care Ombudsman: 800-231-4024 In instances of physical abuse, (W&IC Code: 15630,15631, and 15610.67) requires the following:
Serious bodily Injury (as de+ned in W&IC15610.67): Report Immediately to Law Enforcement and within 2 hours provide a written report (SOC 341) to LTC Ombudsman, and Law Enforcement and Licensing Agency.
No Serious bodily injury (as de+ned in W&IC 15610.67 ): Report within 24 hours by telephone to Law Enforcement and within 24 hours provide a written report (SOC 341) to LTC Ombudsman and Law Enforcement and Licensing Agency.
Physical Abuse caused by resident diagnosed with dementia by physician with no serious bodily injury: Report immediately, or as soon as practicably possible by telephone to LTC Ombudsman or Law Enforcement and within 24 hours provide a written report (SOC 341) to LTC Ombudsman or Law Enforcement. 8 CROSS REPORT SUSPECTED CRIMINAL ACTIVITY TO LAW ENFORCEMENT, WITH OR WITHOUT VICTIM’S CONSENT.
FAILURE TO REPORT:
Failure to report, or impeding or inhibiting a report of elder abuse is a misdemeanor, punishable by not more than 6 months in the county jail, a +ne of not more than $1,000 or both. Any mandated reporter who willfully fails to report abuse where the abuse results in death or great bodily injury may be pun- ished by up to 1 year in county jail, a +ne up to $5,000, or both.
LEGISLATIVE PROTECTION
Under the law, a mandated reporter may not be held criminally or civilly liable for reports of abuse made in good faith.
No such protection exists for when reporters knowingly submit a false report.
Additionally, mandated reporters have no duty to investigate report of suspected abuse or neglect: their only duty is to report.
9
CALL APS TO REPORT ELDER AND DEPENDENT ADULT ABUSE!
LOS ANGELES COUNTY: 877-477-3646 ORANGE COUNTY: 800-451-5155 RIVERSIDE COUNTY: 800-491-7123 SAN BERNARDINO COUNTY: 877-565-2020 SAN DIEGO COUNTY: 800-339-4661
30 10 9W&IC 15636(A) APS CANNOT ttt 'PSDFDMJFOUTUPBDDFQUTFSWJDFT t 3FNPWFTPNFPOFGSPNUIFJSIPNFXJUIPVUUIFJSDPOTFOU 'PSDFTPNFPOFJOUPQMBDFNFOU 4IBSFUIFSFTVMUTPGUIFJSJOWFTUJHBUJPOPSSFQPSU of services. of a penal APS shall act UNLESS a violation or provision only with consent investigation occurred. have to is believed code an time to any at consent or withdraw victim refuse adult abuse may of Elder/Dependent Any REFUSE SERVICES. TO THE RIGHT INCLUDING THEIR CIVIL RIGHTS VICTIMS RETAIN COMPETENT LEGALLY a be assessed by legal capacity; determining for considerations which can ONLY several are There a judge. by and declared professional licensed HOWEVER APS MAY NOT IMPOSE SERVICES NOT HOWEVER APS MAY After you report, you APS may: After tt $SPTTSFQPSUUPQPMJDFJGBDSJNFPDDVSSFEPSJTBMMFHFE %FUFSNJOFJGBSFTQPOTFJTXBSSBOUFEBOEIPXRVJDLMZUPEJTQBUDIB4PDJBM8PSLFS - t - t - Immediately t $POEVDUB1SJWBUF'BDFUPGBDFJOUFSWJFX Urgently t *OWFTUJHBUFQSPUFDUJWFJTTVFT 10 days Within t $POEVDUBTUSFOHUIBOEOFFETBTTFTTNFOU 1SPWJEFMJOLBHFUPDPNNVOJUZSFTPVSDFT &TUBCMJTIB1MBOPG"DUJPOBOEGPMMPXVQXIFSFOFFEFE
WHAT HAPPENS AFTER YOU CALL? WHAT IS THE C.A.R.E PROGRAM? The C.A.R.E. Program addresses ELDER AND DEPENDENT ADULT ABUSE through education and a multidisciplinary approach to abuse cases. The C.A.R.E. Program addresses CONSUMER FRAUD for this population through education and hands-on advocacy. WHO DOES THE C.A.R.E. PROGRAM SERVE? The C.A.R.E. Program advocacy component serves the elder population (65+) and dependent adults (ages 18-64) of Riverside County. Education services are provided to all segments of the Riverside County population. All services are free of charge. WHAT ARE THE COMPONENTS OF THE C.A.R.E PROGRAM? C.A.R.E. Teams: The C.A.R.E. Teams’ purpose is to improve coordination and cooperation among service providers and public safety organizations in combating elder & dependent adult abuse. C.A.R.E. Teams/Elder Adult Multi-Disciplinary Teams are mandated by SB2199, and their composition and rules of con+dentiality are set by the Welfare & Institutions Code. The three regional teams, made up of approximately 50 agencies, meet monthly across the county. Members include all law enforcement jurisdictions, District Attorney, Adult Protective Services, Mental Health, FBI, Public Health, Public Guardian, Social Security, O$ce on Aging, Community Care Licensing, Ombudsman, Inland Regional Center, Probate Investigations and other agencies involved in the prevention of elder and dependent adult abuse in Riverside County. Team members share best practices to combat elder abuse and work together toward protection and advo- cacy for the client and prosecution of the o#ender under Penal Code 368, California’s elder abuse law. Consumer Fraud Advocacy: The C.A.R.E. Program provides support and assistance to elder and dependent adult victims of consumer fraud by working with multiple community partners, including the State regulatory agencies, law enforcement and the court system. C.A.R.E. Program Coordinators may meet with clients, help sort through docu- ments, contact resources, help write letters, +ll out forms and provide general support through stressful times. The goal of this advocacy is to guard or regain assets, while preserving clients’ dignity and protecting their privacy. C.A.R.E. also provides support and assistance throughout the process as well as education on how to not become a victim again. 11
(2) By a +ne not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year, or by both that +ne and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value not exceeding nine hundred +fty dollars ($950). (e) Any caretaker of an elder or a dependent adult who violates any provision of law proscribing theft, embezzlement, forgery, or fraud, or who violates Section 530.5 proscribing identity theft, with respect to the property or personal identifying information of that elder or dependent adult, is punishable as follows: (1) By a +ne not exceeding two thousand +ve hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both that +ne and imprisonment, or by a +ne not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, or by both that +ne and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding nine hundred +fty dollars ($950). (2) By a +ne not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding one year, or by both that +ne and imprisonment, when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value not exceeding nine hundred +fty dollars ($950). (f) Any person who commits the false imprisonment of an elder or a dependent adult by the use of violence, menace, fraud, or deceit is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. (g) As used in this section, “elder” means any person who is 65 years of age or older. (h) As used in this section, “dependent adult” means any person who is between the ages of 18 and 64, who has physical or mental limitations which restrict his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age. “Dependent adult” includes any person between the ages of 18 and 64 who is admitted as an inpatient to a 24-hour health facility, as de+ned in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code. (i) As used in this section, “caretaker” means any person who has the care, custody, or control of, or who stands in a position of trust with, an elder or a dependent adult. (j) Nothing in this section shall preclude prosecution under both this section and Section 187 or 12022.7 or any other provision of law. However, a person shall not receive an additional term of imprisonment under both paragraphs (2) and (3) of subdivision (b) for any single o#ense, nor shall a person receive an additional term of imprisonment under both Section 12022.7 and paragraph (2) or (3) of subdivision (b) for any single o#ense. (k) In any case in which a person is convicted of violating these provisions, the court may require him or her to receive appropriate counseling as a condition of probation. Any defendant ordered to be placed in a counseling program shall be responsible for paying the expense of his or her participation in the counseling program as determined by the court. The court shall take into consideration the ability of the defendant to pay, and no defendant shall be denied probation because of his or her inability to pay. (Revised by Legislature: January, 2013)
28 12 lderly E elated to the to elated R buse A For more information contact: information more For C.A.R.E. Program: 800-476-7506 Program: C.A.R.E. urtailing
The The purpose of the Mandated is Reporter Training to build a stronger community care C
Anti-fraud Anti-fraud seminars are conducted in Riverside County communities in partnership with law
PC 368. 368. PC deserving not protection, and are adults crimes and dependent elders against that declares +nds and consideration of special Legislature The (a) medications, various on confused, be may adults and dependent elders because children, minor for provided protections the special unlike or report understand to criminal conduct, or to themselves, protect able to less therefore and incompetent, or impaired, or physically mentally behalf. in court own on their testify proceedings or conditions under circumstances know should adult and who, dependent person is an elder or a person who knows that reasonably or Any (1) (b) or in!icts unjusti+able thereon su#er, adult to dependent elder or or permits willfully causes harm bodily any or death, great produce likely to or permits willfully causes adult, the or health of person elder or dependent any of or custody the care or having su#ering, pain or mental physical in which his or her in a situation be placed adult to causes or permits or willfully the elder or dependent be injured, to adult dependent the elder or six thousand exceed not to a +ne or by one year, exceeding jail not in a county imprisonment by is punishable is endangered, person or health years. or four three, two, prison for in the state imprisonment or by +ne and imprisonment, that both dollars ($6,000), or by de+ned in Section as bodily injury, 12022.7, the defendant great (1), the victim described su#ers in paragraph (2) If of an o#ense in the commission prison as follows: in the state an additional term shall receive if the victim of age. years is under 70 years Three (A) if the victim of age or older. years is 70 years (B) Five shall of the victim,death causes the the defendant proximately (1), the defendant described in paragraph (3) If of an o#ense in the commission prison as follows: in the state term an additional receive if the victim of age. years years is under 70 Five (A) victim if the of age or older. years is 70 years (B) Seven or conditions under circumstances should know adult and who, a person is an elder or dependent who knows person that or reasonably (c) Any or in!icts thereon su#er, adult to elder or dependent causes or permits willfully bodily harm any or death, great produce to other than those likely permits willfully causes or adult, the person elder or dependent of any or custody the care having or su#ering, pain or mental unjusti+able physical in in a situation be placed adult to or willfully causes or permits the elder or dependent be injured adult to or health of the elder or dependent of this subdivision is punish- violation or subsequent A second is guilty of a misdemeanor. be endangered, which his or her person or health may and +ne both that or by one year, exceed jail not to in a county imprisonment or by thousand dollars ($2,000), two exceed a +ne not to able by imprisonment. Section or who violates or fraud, theft, forgery, proscribing embezzlement, of law provision any who violates is not a caretaker person who (d) Any identity theft,530.5 proscribing and who knows the property adult, with respect of an elder or a dependent to information or personal identifying should know the victim that or reasonably is punishable as follows: adult, or a dependent is an elder both that or by one year, jail not exceeding in a county imprisonment dollars ($2,500), or by hundred thousand +ve two (1) By a +ne not exceeding subdivision (h) of Section to pursuant imprisonment thousand dollars ($10,000), or by 1170 ten a +ne not exceeding or by +ne and imprisonment, or personal property services, or real goods, taken or labor, when the moneys, +ne and imprisonment, both that or by years, or four three, two, for +fty nine hundred dollars ($950). exceeding obtained is of a value
anywhere that seniors and dependent adults congregate. seniors and dependent that anywhere and dependent adults in a variety of settings, including mobile home parks, senior centers, care facilities, and information and resource booklet is provided to each attendee. C.A.R.E. provides elder abuse presentations to seniors to presentations abuse elder provides C.A.R.E. attendee. each to provided is booklet resource and information how to protect themselves from investment and other types of fraud by businesses, including identity theft. A special theft.identityA including businesses, by fraud typesof other and investment from themselves protect to how sessions may include information on telemarketing fraud, car repairs and sales, how to hire a or caregiver contractor, seniors and dependent adults how to recognize, prevent and report fraud and The abuse. subjects covered at these enforcement, the District Attorney’s O$ce, FBI, investment experts, attorneys, and other community partners to teach teach partnersto community other and attorneys, experts, investment FBI, O$ce, Attorney’s District the enforcement,
trainings are customized to be of utmost bene+t to the trainees and include a training booklet. and include a training the trainees be of utmost bene+t to to customized are trainings o$cers, o$cers, clergy, law enforcement, senior and dependent adult service providers and community volunteers. These munity, munity, including banking professionals, hospital and home health providers, code enforcement, animal control safety and well-being. The Mandated Reporter Training program provides this provides education in to groups program many the com- Training The Mandated Reporter safety and well-being. neglect under the law, as well as how to recognize and report signs of abuse and neglect that may threaten a person’s person’s a threaten may neglectthat and abuse of reportsigns and recognize to how as well as law, the neglectunder goal/objective is to help reporters understand their obligation for reporting elder and dependent adult abuse and net by providing information to those mandated by law to report elder and dependent adult abuse. The Community Community Education: CALIFORNIA STATE PENAL CODE 368 (a-k) Mandated ReporterTrainings: 26 25
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