Mandatory Reporting of Dependent Adult Abuse

Mandated Reporters The following are mandated reporters of actual or suspected dependent adult abuse – WIC § 15630(a) The following are mandated reporters of actual or suspected dependent adult abuse – WIC § 15630(a) Any person who has assumed any responsibility for care or custody of a dependent adult, whether or not that person receives compensation, including: adult care custodians, health practitioners, law enforcement agency staff, and adult protective agency staff. Any person who has assumed any responsibility for care or custody of a dependent adult, whether or not that person receives compensation, including: adult care custodians, health practitioners, law enforcement agency staff, and adult protective agency staff. All PAI employees are mandated reporters. WIC § (u) All PAI employees are mandated reporters. WIC § (u) If reporting would violate the attorney-client privilege, no report need be made. The statute states specifically that it is not to be interpreted as requiring an attorney to violate his or her oath and professional duties. WIC § 15632(b) OCRA staff presume that abuse-related communication by consumers is confidential and subject to the attorney- client privilege unless the consumer chooses to waive the privilege. If reporting would violate the attorney-client privilege, no report need be made. The statute states specifically that it is not to be interpreted as requiring an attorney to violate his or her oath and professional duties. WIC § 15632(b) OCRA staff presume that abuse-related communication by consumers is confidential and subject to the attorney- client privilege unless the consumer chooses to waive the privilege.

What Must Be Reported incidents of: incidents of: Abuse: physical, financial, sexual Abuse: physical, financial, sexual Neglect Neglect Abandonment Abandonment Abduction Abduction Isolation Isolation Treatment resulting in physical harm Treatment resulting in physical harm that you have (1) observed, (2) had reported to you by alleged victim, (3) have knowledge of that reasonably appears to be, or (4) reasonably suspect; that you have (1) observed, (2) had reported to you by alleged victim, (3) have knowledge of that reasonably appears to be, or (4) reasonably suspect; WIC §15630(b)(1)

Exceptions to Mandated Abuse Reporting Attorney client privilege; Attorney client privilege; Where victim is a child; or Where victim is a child; or 2 mandated reporter exception: 2 mandated reporter exception: When 2 or more mandated reporters are present and jointly have knowledge or reasonably suspect abuse, may mutually designate a reporter for the team (for both telephone & written report). WIC § 15630(d) WIC § 15630(d)

3 Reporting Scenarios 1. PWDD reports abuse to OCRA staff Did PWDD waive attorney client privilege thus authorize reporting? Did PWDD waive attorney client privilege thus authorize reporting? Yes, report (verbal & in writing) Yes, report (verbal & in writing) No, do not report No, do not report Regardless, complete DAD, including notes of conversation Regardless, complete DAD, including notes of conversation 2. Report of abuse of PWDD from another person Not privileged report (verbal & in writing) Not privileged report (verbal & in writing) No investigation and no contact with alleged victim No investigation and no contact with alleged victim 3. Report of abuse of PWDD from regional center Did regional center report? Is regional center going to report? Did regional center report? Is regional center going to report? Yes, no need to report Yes, no need to report No, report (verbal & in writing); no investigation or contact with alleged victim No, report (verbal & in writing); no investigation or contact with alleged victim Regardless, complete DAD, including notes of conversation Regardless, complete DAD, including notes of conversation

Reports Timelines – WIC § 15630(b)(1) - A telephone report is to be made as soon as possible and a written report must be sent within two (2) working days. Timelines – WIC § 15630(b)(1) - A telephone report is to be made as soon as possible and a written report must be sent within two (2) working days. To the following agencies – To the following agencies – In long term care facilities (except state health hospitals or state developmental centers) to the local ombudsman or local law enforcement agency. In long term care facilities (except state health hospitals or state developmental centers) to the local ombudsman or local law enforcement agency. In state mental health hospitals or in developmental centers to the designated of the State Department of Mental Health or Department of Developmental Services or to the local law enforcement agency. In state mental health hospitals or in developmental centers to the designated of the State Department of Mental Health or Department of Developmental Services or to the local law enforcement agency. All other cases reports go to the adult protective service agency or local law enforcement agency. All other cases reports go to the adult protective service agency or local law enforcement agency.

Contents of Reports Telephone Reports – WIC § 15630(e) – The name of the person making the report, the name and age of the dependent adult, the present location of the dependent adult, the names and addresses of the person(s) responsible for the care of the dependent adult, if known, the nature and extent of the dependent adults condition, the date of the incident and any other information, including information that led to the suspicion of abuse, requested by the agency receiving the report. Telephone Reports – WIC § 15630(e) – The name of the person making the report, the name and age of the dependent adult, the present location of the dependent adult, the names and addresses of the person(s) responsible for the care of the dependent adult, if known, the nature and extent of the dependent adults condition, the date of the incident and any other information, including information that led to the suspicion of abuse, requested by the agency receiving the report. Written Reports – Must be made on forms adopted by the Department of Social Services. Written Reports – Must be made on forms adopted by the Department of Social Services.

Who Do I Report To? Incident occurring in: Long term care facilities: to local ombudsman and/or local law enforcement Long term care facilities: to local ombudsman and/or local law enforcement Community: to adult protective services and/or local law enforcement Community: to adult protective services and/or local law enforcement Developmental centers/state hospitals: to DC investigators and/or local law enforcement Developmental centers/state hospitals: to DC investigators and/or local law enforcement WIC §15630(b)(1)

Penalties for Failure to Report Failure to report physical abuse, abandonment, isolation, financial abuse, or neglect of a dependent adult is a misdemeanor punishable by imprisonment of no more than six months in jail or a fine of no more than $1, or both. Failure to report physical abuse, abandonment, isolation, financial abuse, or neglect of a dependent adult is a misdemeanor punishable by imprisonment of no more than six months in jail or a fine of no more than $1, or both. 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 county jail or by a fine or not more than $5, or both. 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 county jail or by a fine or not more than $5, or both.

PAI Policy and Practice Contact your supervisor (or another CRA supervisor) if you are concerned the reporting will violate confidentiality or privileged communication; Contact your supervisor (or another CRA supervisor) if you are concerned the reporting will violate confidentiality or privileged communication; If cannot reach supervisor, report & notify supervisor ASAP after reporting If cannot reach supervisor, report & notify supervisor ASAP after reporting Must obtain okay from victim to make report based upon attorney client privilege Must obtain okay from victim to make report based upon attorney client privilege Make copies of paperwork (SOC 341) for your supervisor & CB Make copies of paperwork (SOC 341) for your supervisor & CB

What To Report To The IU? For technical assistance in unusual circumstances For technical assistance in unusual circumstances Have you called your supervisor? Have you called your supervisor? Do you have a release from the client? Do you have a release from the client? Referral for investigation Referral for investigation Pursuant to IU advocacy goals: Pursuant to IU advocacy goals: Use of restraint/seclusion Use of restraint/seclusion Sexual assault Sexual assault Incidents involving juveniles in corrections settings Incidents involving juveniles in corrections settings Incidents in facilities Incidents in facilities Failure of system to monitor or respond Failure of system to monitor or respond When resulting harm is serious or life threatening When resulting harm is serious or life threatening When in doubt, call or any member of IU When in doubt, call or any member of IU

Significant Other Details Okay for facilities to have internal reporting procedures if they do not interfere with duties under this Act Okay for facilities to have internal reporting procedures if they do not interfere with duties under this Act WIC §15630(f) Negligent failure to report is punishable with fine (up to $1000) and/or imprisonment (up to 6 months); attaches to mandated reporter individually Negligent failure to report is punishable with fine (up to $1000) and/or imprisonment (up to 6 months); attaches to mandated reporter individually WIC §15630(h) Willful failure to report is punishable with fine (up to $5000) and/or imprisonment (up to 1 yr); attaches to mandated reporter individually Willful failure to report is punishable with fine (up to $5000) and/or imprisonment (up to 1 yr); attaches to mandated reporter individually WIC §15630(h) WIC §15630(h) Mandated reporters are immune from liability for making a required report Mandated reporters are immune from liability for making a required report WIC §15634(a)

Definitions Dependent Adult –WIC § – Any person whose age is between 18 and 64 who has physical or mental limitations that restrict his or her ability to carry out normal activities or to protect his or her rights including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age or a person who is admitted as an inpatient to a 24 hour health facility as defined in Health in & Safety Code. Dependent Adult –WIC § – Any person whose age is between 18 and 64 who has physical or mental limitations that restrict his or her ability to carry out normal activities or to protect his or her rights including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age or a person who is admitted as an inpatient to a 24 hour health facility as defined in Health in & Safety Code. Abuse of a Dependent Adult – WIC § – Physical abuse, neglect, financial abuse, abandonment, isolation, abduction, treatment resulting in physical harm, pain or mental suffering, or deprivation by a care custodian of goods or service that are necessary to avoid physical harm or mental suffering. Abuse of a Dependent Adult – WIC § – Physical abuse, neglect, financial abuse, abandonment, isolation, abduction, treatment resulting in physical harm, pain or mental suffering, or deprivation by a care custodian of goods or service that are necessary to avoid physical harm or mental suffering. Physical Abuse – WIC § – Assault, battery, assault with a deadly weapon, unreasonable physical constraint or prolonged or continued deprivation of food or water, sexual assault, and use of physical or chemical restraint, for period of time beyond that for which the medication was ordered by the physician or psychiatrist, or for any purpose not authorized by the physician. Physical Abuse – WIC § – Assault, battery, assault with a deadly weapon, unreasonable physical constraint or prolonged or continued deprivation of food or water, sexual assault, and use of physical or chemical restraint, for period of time beyond that for which the medication was ordered by the physician or psychiatrist, or for any purpose not authorized by the physician.

More Definitions Neglect – WIC § – The negligent failure of any person having the care or custody of a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise; or the negligent failure of the person themselves to exercise that degree of care that a reasonable person in a like position would exercise. Neglect – WIC § – The negligent failure of any person having the care or custody of a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise; or the negligent failure of the person themselves to exercise that degree of care that a reasonable person in a like position would exercise. Financial Abuse – WIC § – A person including, but not limited to, one who has the care of custody of, or who stands in a position of trust to, a dependent adult, takes their money or property, to any wrongful use, or with the intent to defraud or when a third party, in bad faith, takes from a dependent adult, property which belongs to that person and without good cause, fails to return the property upon request of the dependent adult or his or her representative or court receiver. Financial Abuse – WIC § – A person including, but not limited to, one who has the care of custody of, or who stands in a position of trust to, a dependent adult, takes their money or property, to any wrongful use, or with the intent to defraud or when a third party, in bad faith, takes from a dependent adult, property which belongs to that person and without good cause, fails to return the property upon request of the dependent adult or his or her representative or court receiver. Abandonment – WIC § – The desertion or willful forsaking of a dependent adult by anyone having care or custody of that person under circumstances in which a reasonable person would continue to provide care and custody. Abandonment – WIC § – The desertion or willful forsaking of a dependent adult by anyone having care or custody of that person under circumstances in which a reasonable person would continue to provide care and custody. Mental Suffering - WIC § – Fear, agitation, confusion, severe depression, or other forms of serious emotional distress that is brought about by threats, harassment, or other forms of intimidating behavior. Mental Suffering - WIC § – Fear, agitation, confusion, severe depression, or other forms of serious emotional distress that is brought about by threats, harassment, or other forms of intimidating behavior.

Even More Definitions Goods and Services Necessary to avoid Physical Harm or Mental Suffering – The provision of medical care for physical and mental health needs, assistance in personal hygiene, adequate clothing, adequately heated and ventilated shelter, protection from health and safety hazards, protection from malnutrition, and transportation and assistance necessary to secure any of the needs set forth above. Goods and Services Necessary to avoid Physical Harm or Mental Suffering – The provision of medical care for physical and mental health needs, assistance in personal hygiene, adequate clothing, adequately heated and ventilated shelter, protection from health and safety hazards, protection from malnutrition, and transportation and assistance necessary to secure any of the needs set forth above. Care Custodian – WIC § – The administrators or employees of any public or private facilities or agencies or persons providing any kind of care or services for dependent adults, including members of the support staff and maintenance staff. Care Custodian – WIC § – The administrators or employees of any public or private facilities or agencies or persons providing any kind of care or services for dependent adults, including members of the support staff and maintenance staff.