Baldwin Park USD Disabled adult and elder abuse reporting

1. Disabled Adult and
Elder Abuse
Prevention and
Reporting
Presented by:

2. Who are
Mandated
Reporters?
All Baldwin Park Unified
School District Employees
who provide care and/or
services for elder or
dependent adult students
are mandated reporters
(Ref. Welfare and
Institutions Code 15610.17
and 15630)

3. Who is an Elderly
Adult?
Any person residing in
the state of California
who is 65 years of age
or older.

4. Who Is A Dependent
Adult?
A dependent adult is defined as any
person residing in California between the
ages of 18 and 64 years, 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 with physical or
developmental disabilities, or whose
physical or mental abilities have
diminished because of age.

5. Physical
Abuse
• Assault/battery
• Unreasonable physical
constraint
• Prolonged or continual
depravation of food or
water
• Sexual abuse/rape
• Use of chemical or
psychotropic medication
for punishment or beyond
medical orders.

6. Neglect
• Failure to exercise degree of care
• Failure to assist in personal
hygiene, or in the provision of
food, clothing, or shelter
• Failure to provide medical care for
physical and/or mental health
• Failure to protect from health and
safety hazards
• Failure to prevent malnutrition or
dehydration

7. Isolation
• Acts intentionally committed for the purpose of
preventing, and that do serve to prevent, an
elder or dependent adult from receiving his or
her mail or telephone calls.
• Telling a caller or prospective visitor that an elder
or dependent adult is not present, or does not
wish to talk with the caller, or does not wish to
meet with the visitor where the statement is
false, is contrary to the express wishes of the
elder or the dependent adult, whether he or she
is competent or not, and is made for the purpose
of preventing the elder or dependent adult from
having contact with family, friends, or concerned
persons.
• False imprisonment, as defined in Section 236 of
the Penal Code.
• Physical restraint of an elder or dependent adult,
for the purpose of preventing the elder or
dependent adult from meeting with visitors.

8. Financial Abuse
• Takes, secretes, appropriates,
obtains, or retains real or personal
property of an elder or dependent
adult for a wrongful use or with
intent to defraud, or both.
• Assists in taking, secreting,
appropriating, obtaining, or
retaining real or personal property
of an elder or dependent adult for a
wrongful use or with intent to
defraud, or both.
• Takes, secretes, appropriates,
obtains, or retains, or assists in
taking, secreting, appropriating,
obtaining, or retaining, real or
personal property of an elder or
dependent adult by undue
influence, as defined in Welfare and
Institutions Code 15610.70.

9. Other
Definitions:
Abandonment: the desertion or willful forsaking of an
elder or 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.
Abduction: the removal from this state and the
restraint from returning to this state, or the restraint
from returning to this state, of any elder or dependent
adult who does not have the capacity to consent to
the removal from this state and the restraint from
returning to this state, or the restraint from returning
to this state, as well as the removal from this state or
the restraint from returning to this state, of any
conservatee without the consent of the conservator or
the court.

10. Do I have an
Individual Duty
to Report?
• Each mandated reporter has non-
delegable duty to report
suspected abuse of elder or
dependent adults under specified
circumstances.
• Failure to report suspected abuse
is a misdemeanor, punishable by
not more than six months in the
county jail, by a fine of not more
than one thousand dollars
($1,000), or by both that fine and
imprisonment (Reference Welfare
and Institutions Code 15630(h)).

11. What is Considered
Reasonable Suspicion?
An objectively reasonable
suspicion that a person
would entertain, based
upon facts that could
cause a reasonable
person in a like position,
drawing when
appropriate upon his or
her training and
experience, to suspect
abuse (reference Welfare
and Institutions Code
15610.65).

12. When and to
whom do I
report?
Immediately contact Adult
Protective Services or BPUSD
School Police:
• Adult Protective Services Hotline:
(888) 202-4248
• After Hours: (877) 477-3646
• BPUSD School Police: (626) 856-4000
Follow up with written report
within 2 working days

13. How do I complete
a written report?
Los Angles County Adult Protective Services
(APS) online reporting:
https://fw4.harmonyis.net/LACSSLiveintake/
Complete form SOC 341 and mail to:
Los Angeles County APS
3333 Wilshire Blvd, 4th Floor
Los Angeles, CA 90010

14. Confidentiality
• Reports of suspected abuse are confidential
• Not a topic of general conversation among staff
• Violation of confidentiality is a misdemeanor
punishable by not more than six months in the
county jail, by a fine of five hundred dollars($500),
or by both fine and imprisonment (Welfare and
Institutions Code 15633(a))
• Identity of the mandated reporter is confidential
(with certain exceptions)

15. Reportable Scenario 1
An 18-year old non-verbal
student in a special education
program lives in a board and
care home. Her teeth are in
bad condition and she is dirty
and very thin. The board and
care home provider will not
discuss her situation with the
Education Specialist.

16. Reportable Scenario 2
A 65-year old adult school student
with a significant visual impairment
tells his teacher that he has not
received his Social Security check
since he moved in with his sister,
who he gave permission to handle
his finances. The student complains
that he has no money to buy
essentials and has not eaten in
several days.

17. Reportable
Scenario 3
A 19 year old adult transition
student reports to his classroom
in the morning and appears
withdrawn from class
participation. When it is time to
go home, the student refuses to
get on the bus and states that he
does not want to go home. The
school counselor comes to speak
with the student, who proceeds
to tell the counselor that he will
be beaten by his parents when he
gets home. Then the student
shows lacerations from previous
attacks that were covered up by
his clothing.

18. Image Source
Slide 2: https://www.csmd.edu/Assets/uploads/images/ada-jamiecusick.jpg
Slide 3:
https://timebusinessblog.files.wordpress.com/2012/07/2100_ml_elderstudent_0713.jpg?w=360&h
=240&crop=1
Slide 4: http://www.dsaalbany.org/img/california-law-developmentally-disabled-adult-sex-5.jpg
Slide 5: http://www.radiosideral.com.br/public/imagens/capa-noticias/844/feminicidio.jpg
Slide 6: https://dolanlawfirm.com/blogdata/images/o-SAD-OLD-MAN-facebook.jpg
Slide 7: http://simasgovlaw.com/wp-content/uploads/false-imprisonment.jpg
Slide 8: https://www.cheatsheet.com/wp-content/uploads/2016/12/close-up-of-woman-hands-
with-wallet-and-money.jpg?x73259
Slide 10:
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Slide 11: https://dg.imgix.net/four-ways-to-kill-the-sin-of-habitual-suspicion-en/landscape/four-
ways-to-kill-the-sin-of-habitual-suspicion.jpg?ts=1452535123&ixlib=rails-
2.1.4&w=700&h=394&dpr=2&ch=Width%2CDPR&auto=format%2Ccompress&fit=min
Slide 13: https://www.sialicencehub.co.uk/wp-content/uploads/2013/08/sia-licence-hub-write-
report.png
Slide 14: http://nchouse116.com/wp-content/uploads/sites/4/2013/03/confidential.png
Slide 15: http://neatoday.org/wp-content/uploads/2016/03/student_stress_schedule-
e1457114747466.jpg
Slide 16: https://www.arcriskandcompliance.com/wp-content/uploads/2018/05/Elder-Empty-
Wallet.jpg
Slide 17: https://www.thesun.co.uk/wp-
content/uploads/2018/07/NINTCHDBPICT000418423672.jpg?w={width}