4-04/012.00 - Abuse

4-04/012.00
ABUSE

Physical, sexual, mental or financial abuse, neglect or abandonment of an elder or dependant adult

SH-R-49
URN
174

Arresting Unit or Station Patrol or Detective

A

For child abuse, neglect, stealing, see section 4-06/023.00. 

15630 WIC mandates reporting requirements for public/private agencies.

A dependent adult is any person residing in California who is between the ages of 18 and 64, who has physical or mental limitations which restrict his individual ability to carry out normal activities or protect his own rights.  A dependent adult includes any person of the above ages who has been admitted as an inpatient to a 24-hour health facility.

An elder is any person residing in California who is 65 years of age or older.

Failure to report any incidents of suspected physical abuse of an elder or dependent adult by the person(s) having care or custody of such elder or dependent adult is a misdemeanor.  Every known or suspected instance of abuse of an elder or a dependent adult brought to the attention of the Department shall be reported to the following designated agency by telephone, as soon as practical and a report (SH-R-49) shall be written.  The report should be coded consistent with the crime charged (i.e., 245 PC, Stat Code 05x).  If the abuse is alleged to have occurred in a long-term care facility, the Long-term Care Ombudsman Coordinator shall be notified at 1-800-334-WISE.  If the abuse is alleged to have occurred anywhere else, the Department of Public Social Services, Adult Protective Services, shall be notified at 1-800-992-1660.

Private persons can report instances of abuse of an elder or dependent adult to their local law enforcement agency or other appropriate public/private agencies.  A public/private agency may give a private person reporting such abuse a form 76R94 SOC341 to fill out and submit.  If a completed form 76R94 SOC341 is received from a citizen or public/private agency, it shall be forwarded to the Department of Public Social Services, Adult Protective Services, within 48 hours of such reporting of the incident in addition to the required telephonic notification.

Information contained in these reports shall only be disclosed pursuant to a court order or when the person(s) reporting waive confidentiality or when requested by any of the following:

• Long-term Care Ombudsman Coordinator;
• District Attorney in a criminal prosecution.