SECTIONS 15653-15655.5 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 15653-15655.5

15653. (a) Minimum guidelines for use by county adult protective
services agencies in determining when an investigation of abuse is
warranted shall be maintained by the State Department of Social
Services in cooperation with representatives of county government,
and in consultation with the Department of Aging, the Department of
Justice, and other concerned state departments for use by county
adult protective services agencies.
(b) Uniform guidelines for local law enforcement assistance with
investigations of allegations of abuse to elders and dependent adults
as developed by the Department of Justice in consultation with the
department, the Department of Aging, and other concerned state and
local agencies pursuant to Section 15640, as amended by Chapter 769
of the Statutes of 1986, shall remain in effect until modified.
Consistent with these guidelines, county adult protective services
agencies may seek local law enforcement assistance with
investigations of allegations of abuse to elder and dependent adults.

15653.5. Training for determining when to refer for possible
criminal prosecution a report of a known or suspected instance of
abuse that occurred in a long-term care facility shall be included in
the training provided by the Bureau of Medi-Cal Fraud and Elder
Abuse pursuant to subdivision (h) of Section 12528 of the Government
Code.

15654. (a) As described in subdivision (h) of Section 12528 of the
Government Code, the bureau shall offer training programs to local
law enforcement and prosecutorial personnel in investigating and
prosecuting crimes against elders and dependent adults, and to the
State Department of Health Care Services, the State Department of
Social Services, the county adult protective services agencies and to
the long-term care ombudsman program in evaluating and documenting
criminal abuse against elders and dependent adults.
(b) When producing new or updated training materials pursuant to
this section, the bureau shall consult with the Commission on Peace
Officer Standards and Training and other subject matter experts. Any
new or updated training materials shall address all of the following:
(1) The jurisdiction and responsibility of law enforcement
agencies pursuant to Section 368.5 of the Penal Code.
(2) The fact that the protected classes of "dependent person" as
defined in Section 288 of the Penal Code and "dependent adult" as
defined in Section 368 of the Penal Code include many persons with
disabilities, regardless of the fact that most of those persons live
independently.
(3) Other relevant information and laws.
(c) When the bureau offers or provides new or updated training
materials pursuant to this section, the bureau also may inform the
agencies of other relevant training materials.

15655. (a) (1) Each long-term health care facility, as defined in
Section 1418 of the Health and Safety Code, community care facility,
as defined in Section 1502 of the Health and Safety Code, or
residential care facility for the elderly, as defined in Section
1569.2 of the Health and Safety Code, that provides care to adults
shall provide training in recognizing and reporting elder and
dependent adult abuse, as prescribed by the Department of Justice.
The Department of Justice shall, in cooperation with the State
Department of Health Services and the State Department of Social
Services, develop a minimal core training program for use by these
facilities. As part of that training, long-term care facilities,
including nursing homes and out-of-home care facilities, shall
provide to all staff being trained a written copy of the reporting
requirements and a written notification of the staff's
confidentiality rights as specified in Section 15633.
(2) Each long-term health care facility as defined in Section 1418
of the Health and Safety Code and each community care facility as
defined in Section 1502 of the Health and Safety Code shall comply
with paragraph (1) by January 1, 2001, or, if the facility began
operation after July 31, 2000, within six months of the date of the
beginning of the operation of the facility. Employees hired after
June 1, 2001, shall be trained within 60 days of their first day of
employment.
(3) Each residential care facility as defined in Section 1569.2 of
the Health and Safety Code shall comply with paragraph (1) by July
1, 2002, or, if the facility began operation after July 1, 2002,
within six months of the date of the beginning of the operation of
the facility. Employees hired on or after July 1, 2002, shall be
trained within 60 days of their first day of employment.
(b) Each long-term health care facility, as defined in Section
1418 of the Health and Safety Code, shall be subject to review by the
State Department of Health Services Licensing and Certification Unit
for compliance with the duties imposed in subdivision (a).
(c) Each community care facility, as defined in Section 1502 of
the Health and Safety Code, and residential care facility for the
elderly, as defined in Section 1569.2 of the Health and Safety Code,
shall be subject to review by the State Department of Social Services
Community Care Licensing Unit for compliance with the duties imposed
in subdivision (a).

15655.5. A county adult protective services agency shall provide
the organizations listed in paragraphs (v), (w), and (x) of Section
15610.17, and mandated reporters of suspected financial abuse of an
elder or dependent adult pursuant to Section 15630.1, with
instructional materials regarding abuse and neglect of an elder or
dependent adult and their obligation to report under this chapter. At
a minimum, the instructional materials shall include the following:
(a) An explanation of abuse and neglect of an elder or dependent
adult, as defined in this chapter.
(b) Information on how to recognize potential abuse and neglect of
an elder or dependent adult.
(c) Information on how the county adult protective services agency
investigates reports of known or suspected abuse and neglect.
(d) Instructions on how to report known or suspected incidents of
abuse and neglect, including the appropriate telephone numbers to
call and what types of information would assist the county adult
protective services agency with its investigation of the report.
(e) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.

15655.5. A county adult protective services agency shall provide
the organizations listed in paragraphs (v), (w), and (x) of Section
15610.17 with instructional materials regarding elder and dependent
adult abuse and neglect and their obligation to report under this
chapter. At a minimum, the instructional materials shall include the
following:
(a) An explanation of elder and dependent adult abuse and neglect,
as defined in this chapter.
(b) Information on how to recognize potential elder and dependent
adult abuse and neglect.
(c) Information on how the county adult protective services agency
investigates reports of known or suspected abuse and neglect.
(d) Instructions on how to report known or suspected incidents of
abuse and neglect, including the appropriate telephone numbers to
call and what types of information would assist the county adult
protective services agency with its investigation of the report.
(e) This section shall become operative on January 1, 2013.