Adult Protective ServicesCounty of Santa Clara

Department of Aging and Adult ServicesSocial Services Agency

Matthew Breaux, SW Supervisor

Matthew.breaux@ssa.sccgov.org

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California LawCalifornia Legislature recognizes that elders and dependent adults may be vulnerable to abuse and/or neglect

• 1982 - Mandatory reporting laws for elders and dependent adults are first enacted

• 1999 – Adult Protective Services Program requirements are broadened to require 24/7 response, expand mandated reporter categories, further define types of abuse as well as regulations and standards for APS programs throughout California

WIC Section 15600

Populations Served by APS

Elders

Ages 65 and Older

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Dependent Adults

Persons ages 18 to 64 with physical or mental limitations that inhibit the ability to advocate and/or protect themselves from abuse.

Any person age 18+ who is admitted as an in-patient to a 24-hour facility (hospital).

“…any person who has assumed full of intermittent responsibility for care or custody of an elder or dependent adult…” –Welfare & Institution Code 15610.17

Care custodians (e.g., attendants, day care staff, senior center staff)

Health care practitioners (e.g., doctors, dentists, nurses, therapists, and their office staff)

Law enforcement agency employees

Medical examiners

Paramedics and firefighters

Code enforcement agency employees

Animal control agency employees

Financial institutions employees

Clergy members

Adult/child protective services staff

All staff of Santa Clara County Social Services Agency having client contact

Mandated Reporters

Mandated Reporter Responsibilities• Report abuse if…

In your professional capacity or within the scope of your employment, you have observed, or have knowledge of an incident that reasonably appears to be abuse or neglect, or are told by an elder or dependent adult that he or she has experienced abuse or neglect, or you reasonably suspect that abuse or neglect has occurred.

• Multiple ReportersIf two or more mandated reporters have knowledge of abuse or neglect and there is agreement among them, the telephone report may be made by one member and only one written report is required. If any person in this group believes the report was not submitted, this person shall submit the report

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Types of Abuse

• Physical

• Assault/Battery

• Constraint/Deprivation

• Sexual Assault

• Chemical Restraint

• Over/Under Medication

• Neglect

• Financial

• Isolation

• Abduction

• Abandonment

• Other

• Mental suffering

• Verbal abuse

Types of Abuse

• Self-Neglect

• Physical care

• Medical care

• Health and Safety Hazards

• Malnutrition/Dehydration

• Other

• Financial

Important Information to Obtain

Name of victim

Address

Telephone number

Age

Health history

Name of suspected abuser

Does the suspected abuser live with the client?

Alcohol, drugs, weapons, dogs (any dangerous conditions)

Where and when the abuse/neglect took place

Confidentiality of Reporter’s Identity

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• Identity of the Reporter• Shall be confidential with the exception of:

• APS agencies• Local law enforcement agencies• Long Term Care Ombudsman Program• The California State Attorney General Bureau of Medi-Cal

Fraud and Elder Abuse• Licensing agencies or their counsel• The Department of Consumer Affairs Investigators• County District Attorney • The Probate Court• The Public Guardian

• Mandated Reporters must provide their name and agency information while non-mandated reporters can remain anonymous.

• Confidentiality may be waved by the reporter or by a Court Order

Failure to Report

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• Mandated reporters must report any suspected incidents of physical abuse (including sexual abuse), abandonment, isolation, financial abuse, abduction, or neglect and self-neglect (psychological/mental suffering is not mandated).

• Failure to report is a misdemeanor, punishable by not more than 6 months in the county jail or a fine of not more than $1000 or both.

• If there is willful failure to report abuse where the abuse results in death or great bodily injury the mandated reporter may be punished by up to one year in the county jail or a fine of up to $5,000 or by both.

WIC Section 15630(h)

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Type of Abuse Definition

Physical Abuse

WIC Section 15610.63

Assault/battery; sexual assault/battery; unreasonable physical constraint or

prolonged or continual deprivation of food or water; use of physical or chemical

restraint or psychotropic medication for punishment or for a period beyond that for

which the medication was ordered pursuant to the instructions of a physician and

surgeon licensed in the State of California who is providing medical care to the

elder or dependent adult or for a purpose not authorized by the physician and

surgeon

Abandonment

WIC Section 15610.05The desertion or willful forsaking of an elder or dependent adult by a care

custodian

Abduction

WIC Section 15610.06

Removal of an elder or dependent adult from the state of California and restraint

from returning to this state including anyone that cannot give consent or when the

adult is a conservatee and there is no consent by the conservator or the court

Financial

WIC Section 15610.30

Takes or assists in taking, secreting, appropriating, or retaining real or personal

property of an elder or dependent adult to a wrongful use or with intent to defraud

or both or in bad faith

Isolation

WIC Section 15610.43

Acts intentionally committed to prevent an elder or dependent adult from receiving

mail or telephone calls or visitors contrary to the adult’s wishes, false

imprisonment, except when following the instructions of a physician or as a

response to threat of danger to property or physical safety

Neglect/Self-Neglect

WIC Section 15610.57

The negligent failure of a care custodian to assist with or of an elder or dependent

adult to provide him/herself with appropriate personal hygiene; the provision of

food, clothing or shelter; medical care for physical or mental health needs; failure to

protect from health and safety hazards; failure to prevent malnutrition or

dehydration

Mental Suffering

WIC Section 15610.53

Fear, agitation, confusion, severe depression or other forms of serious emotional

distress that is brought about by intimidating behavior, threats, harassment, or

deceptive acts performed or false or misleading statements made with malicious

intent

Warning Signs of Abuse/Neglect

Bruises, pressure marks, broken bones, abrasions, and burns

Bruises around the breasts or genital area

Bedsores, unattended medical needs, poor hygiene, and unusual weight loss

Unexplained withdrawal from normal activities, a sudden change in alertness, and unusual depression

Sudden changes in financial situation or spending habits

Strained or tense relationships, frequent arguments between the caregiver and elderly person

Intimidation, threats or humiliation by others

Source: National Center on Elder Abuse

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Warning Signs of Self-Neglect

Failure to provide adequate food and nutrition for oneself.

Failure to take essential medications or refusal to seek medical treatment for serious illness

Leaving a burning stove unattended

Poor hygiene

Not wearing suitable clothing for the weather

Confusion

Inability to attend to housekeeping

Dehydration

Hoarding of objects, newspapers/magazines, mail/paperwork, etc., and/or animal hoarding to the extent that the safety of the individual (and/or other household or community members) is threatened or compromised

Source: National Center on Elder Abuse

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APS Jurisdiction

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If the abuse occurred in a private home or public spaceIf the victim is 18 years of age or older and an in-patient to a 24-hour acute care facility (hospital)

Guidelines• You may report to the county adult protective services

agency where the victim resides/is located or to the law enforcement jurisdiction in which the abuse occurred

• You must report by telephone immediately or as soon as practicably possible

• If available, you may send report through confidential Internet reporting tool to the APS agency

• A written report (SOC 341) must be sent to APS or law enforcement within two working days

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Reporting Criteria Jurisdiction

The victim is an elder or dependent adult and resides in

Santa Clara County and the abuse occurred in a private

home or public space or the victim is age 18 or older and

in-patient in an acute care hospital

Adult Protective Services

County of Santa Clara

333 West Julian Street

San Jose, CA 95110-4910

Tel: (408)975-4900 or 1-800-414-2002

Fax: (408) 975-4910

The victim is in a Licensed Residential Care Facility,

Skilled Nursing Facility, Adult Day program, or Adult

Day Health Care Center

Long Term Care Ombudsman Program

2625 Zanker Road, Suite 200

San Jose, CA 95132-2107

Tel: (408) 944-0567 Fax: (408) 944-0776

Abuse of a resident in a Licensed Residential Care

Facility, Adult Day Program or Adult Day Health

Center

Department of Social Services

Community Care Licensing:

Tel: (408) 324-2112 Fax: (408) 324-2133

Abuse of a resident in a Skilled Nursing Facility

Department of Public Health

Licensing and Certification:

(408) 277-1784 or 1-800-554-0348

Fax: 1-408-277-1032

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Reporting Criteria Jurisdiction

Abuse of a resident in a State Mental Health Facility Department of Mental health

Licensing and Certification

(916) 651-3788

Social Security Fraud Office of Inspector General

Tel: 1800-269-0271 Fax: (410) 597-0118

Medi-Cal Fraud

Department of Justice

Bureau of Medi-Cal Fraud

1-800-822-6222

Complaint against Hospital Department of Public Health (Health facilities certification

and licensing)

1-800-236-9747 or 1-916-552-8700

Additional Cross-Reporting Resources

Important Information to have available as you submit your report

Identifying Information

Victim’s address and current

location

Pertinent telephone numbers

Victim’s age (date of birth, if possible)

Name of Suspected

Abuser

Does the suspected abuser have access to the

victim?

Alcohol, drugs, weapons, dogs (any dangerous

conditions)

Location

Address where abuse took place

Date and time of abuse

Risk

Safety concerns for victim and APS

staff

Cognitive status

Health/Mental Health status

Available support system for victim

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APS Services

Consultation/Information and Referral at Intake

Respond to reports of imminent risk 24/7

Psycho-social assessment of the client and his/her unique needs

Develop service plan to maintain client’s safety, health and independence

Public Health Nurse, Marriage Family Therapist, South County Community Case Manager

Tangible resources (food, clothing etc.)

Public Education about elder and dependent adult abuse/neglect18

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Adult Protective Services333 W. Julian St.

San Jose, CA 95110(408) 975-4900

(408) 975-4910 fax