Elder abuse laws, California, - Docs & Spreadsheets

1. Brief narrative, explanation or clarification of any information pertinent to the incident.

2. Reporting Responsibilities

A. The elder abuse reporting duties are individual, and, no supervisor or administrator may impede or inhibit the reporting duties.  No person making such a report shall be subject to any sanction for making the report.  However, the Medical Center may establish internal procedures to facilitate reporting, ensure confidentiality and notify supervisors and administrators of reports, provided these procedures are not inconsistent with California law.

2. No Mandated Reporter who reports a known or suspected instance of elder or dependent adult abuse shall be civilly or criminally liable for any report he/she is required or permitted to make under law.
3. Any Mandated Reporter who fails to report physical abuse, abandonment, isolation, financial abuse, or neglect of an elder or dependent adult (“Incidents of Abuse”) which he or she knows to exist or reasonably should know to exist, is guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding six months, by a fine  not exceeding $1,000.00 or by both  fine and imprisonment.  Any Mandated Reporter who willfully fails to report, where that abuse results in death or great bodily injury, is punishable by not more than one year in a county jail or by a fine of not more than five thousand dollars ($5,000.00) or by both that fine and imprisonment. (California Welfare and Institutions Code §15630 (h)).
4. Reports made under the law are confidential and may be disclosed only to the agencies specified.  Violation of the confidentiality provisions is a misdemeanor, punishable by imprisonment in the County jail not exceeding six months, by a fine of not more than $500.00 or by both fine and imprisonment.  (California Welfare and Institutions Code §15633, 15633.5, and 15634).

FORMS

Elder/Dependent Adult Abuse Report Form – State of California Form - SOC 341

REFERENCES

California Welfare and Institutions Code, Sections 15600, 15602, 15610, 15630, 15631, 15632, 15633, 15633.5, 15634, 15635, 15637, and  Penal Code, Section 368.

Adult Protective Services