Mandatory Reporting of Elder Abuse

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Anabel Kuykendall of the San Diego County Health and Human Service Adminstration's Aging and Independence Services explains what happens when someone reports a suspected case of elder abuse. This is an important presentation for anyone who works or lives among a growing senior population.

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Mandatory Reporting of Elder Abuse

  1. 1. Presented byCounty of San Diego,Health & Human Services AgencyAging & Independence ServicesAdult Protective ServicesOutreach & Education
  2. 2. Mandated Reporting ofElder & Dependent Adult AbuseAging & Independence ServicesAdult Protective ServicesCounty of San Diego
  3. 3. ElderAny person residing inthis state, 65 years of ageor older
  4. 4. Dependent AdultAny person between 18-64 yrs who residesin this statewho has physical or mental limitations thatrestrict his/her ability to carry out normalactivities or to protect rights and interestsIncludes but not limited, to persons withphysical or developmental disabilitiesor whose physical or mental abilities havediminished because of age.Anyone 18-64 years, who is admitted as aninpatient to a 24-hour health facility.
  5. 5. Mandated ReportersAny Persons with protective, public, sectarian, ormental health agencies;Any Persons with Private assistance or Advocacyagencies;Any Persons providing Health Services or SocialServices to elders or dependents adults;Any Persons who have assumed full orintermittent responsibility for care or custody ofan elder or dependent adult;Whether or not they receive compensation
  6. 6. Mandated Reporters AreRequired to:Report if you observe abuse.Report when a senior or dependentadults tells you that they are beingabused.Report when you have knowledge thatreasonably leads you to suspect thatabuse is occurring.
  7. 7. Dependent Adult & Elder Abuse(W&I 15610-15610.65)Physical AbuseNeglect by OthersIsolationSelf-NeglectFinancialAbductionMental SufferingAbandonment
  8. 8. Self-NeglectNegligent failure of an elder or dependentadults to exercise that degree of self carethat a reasonable person in a like positionwould exercise due to:Poor Cognitive FunctionMental LimitationsChronic Poor HealthSubstance Abuse and/or GamblingProblemsProud, Independent & StubbornTraitsLimited Financial Resources
  9. 9. Self-Neglect IndicatorsMalnourishedFilthyChaotic homeMay or Maybe Not beOriented 3xPersonPlaceTimeHave capacity anddon’t careHouse easy to spot -neighborhood eyesoreFrequent fire code andanimal violationsHistory of “self-determined” lifestyle
  10. 10. Self-DeterminationCalifornia is a self-determination stateElders & Dependent Adults have the rightto make either own personal decisions thatmay not appear to be in their own bestinterestOnly if persons who meet W&I Code 5150criteria can Senior Team, PERT or LawEnforcement Intervene
  11. 11. APS Investigates & May Refer To:Public GuardianProbate conservatorship forpersons who are gravelydisabled. Protects personsand their estates where nofamily or friends takeresponsibilityPublic ConservatorCourt conservatorship dueserious mental illnessSenior Mental Health Teamand Geriatric Specialistsvisits 60yr+ seniors,evaluates mental health, andprovide short term caremanagementPERT Team YANA Code Enforcement Animal Control Humane Society Elder Law & Advocacy Community ResourcesSenior CentersSenior DiningHome Delivered MealsHomemaker Agencies
  12. 12. Report Abuse toAPS ImmediatelyReport Abuse Immediately (24 hours) AdultProtective Services - Elder & DependentAdult Abuse Reporting Line24-hours a day; 7 days a week1-800-510-2020Written Report SOC-341 by 2 working daysMandated Reporters - Web Referrals (inlieu phone/SOC)– Effective Summer 2013
  13. 13. Long Term Care OmbudsmenPatient/residents has the right to remainanonymous in investigations; especially ifthey may be at riskIn these cases, investigations occur “broad-based” i.e. a whole floor or section orfacilityState Ombudsman and Medicare Fraudmaybe involved with investigations
  14. 14. AB 40 – Long Term Care FacilitiesAll Long Term Care Facilities -EffectiveJanuary 1, 2013, W&I Code 15610.67 – PhysicalAbuse:Serious Bodily Injury – Immediately call to LawEnforcement and within 2hrs SOC-341 to LTCOmbudsman, Licensing Agency, and Law EnforcementNo Serious Bodily Injury – Call within 24 hrs to LawEnforcement and 24hrs SOC-341 to LTC Ombudsman,Licensing Agency, and Law EnforcementPhysical Abuse caused by Resident w/Dementia –Immediately or as soon as possible call LTCOmbudsmen (or) Law Enforcement and within 24 hrsSOC-341 to LTC Ombudsman (or) Law Enforcement
  15. 15. Long Term Care Ombudsmen Investigates reported suspected abuses in long-term carefacilities including:Skilled Nursing Facilities*Convalescent and Rehab Facilities*Residential Care Facilities for the Elder (RCFEs)*Board and Care Facilities*Group Homes*For elderly also investigates qualify of care and residents rights Investigates reported suspected abuses in Licensed DayProgramsAdult Care FacilitiesAdult Day Care FacilitiesAdult Day Health Care FacilitiesDay and Work Programs
  16. 16. Mandated ReportersHeld in ConfidenceAPS & LTC Ombudsmen by law cannotreveals who made the Elder/Dependent AdultAbuse ReportReporters should not tell patients/clients theyare making a reportWelfare & Institution Codes ProtectsMandated Reporters from:Criminal and Civil Litigation
  17. 17. Penalties for Failure to ReportFails, impedes or delays reporting:$1,000 fine and/or 6 months County JailWillfully fails to report, impedes, delaysreporting that results in death or greatbodily injury:$5,000 and/or 1 year in County JailAlso faced with possible loss of“Licensure”
  18. 18. Permissive ReportersAny person may make a report of suspectedElder/Dependent Adult AbuseEither AnonymouslyOr, Held in Confidence
  19. 19. Contact InformationAnabel Kuykendall,AIS, Outreach & Education(619) 476-6223anabel.kuykendall@sdcounty.ca.gov

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