Adult Protective ServicesCounty of Santa Clara
Department of Aging and Adult ServicesSocial Services Agency
Matthew Breaux, SW Supervisor
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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