STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY |
CALIFORNIA DEPARTMENT OF SOCIAL SERVICES |
REPORT OF SUSPECTED DEPENDENT ADULT/ELDER ABUSE |
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CONFIDENTIAL REPORT - NOT SUBJECT TO PUBLIC DISCLOSURE |
TO BE COMPLETED BY REPORTING PARTY. PLEASE PRINT OR TYPE. SEE GENERAL INSTRUCTIONS. |
* FIELDS MARKED IN RED ARE REQUIRED FEILDS AND NEED TO BE FILLED IN BEFORE SUBMITTING THE FORM. |
C. REPORTERS OBSERVATIONS, BELIEFS, AND STATEMENTS BY VICTIM IF AVAILABLE. PROVIDE ANY KNOWN TIMEFRAME (2 days, 1 week, ongoing, etc.) |
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(MAX 1000 CHARACTERS) |
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EXPLAIN |
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(MAX 500 CHARACTERS) |
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(See definition in section "Reporting Responsibilities and Time Frames" within the General Instructions) |
If this is an emergency situation please contact your local police department or dial 911. If you are reporting a situation that involves imminent danger or serious bodily injury, such as physical or sexual abuse, you must call Placer County's 24-hour Adult Intake hotline at: 916-787-8860. |
EXPLAIN |
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LIST ANY POTENTIAL DANGER FOR INVESTIGATOR (animals, weapons, communicable diseases, etc.) OR CONCERNS ABOUT THE CLIENT'S MENTAL HEALTH. |
Any supplemental attachments including photographs, medical and financial records MUST be forwarded to Placer County APS by fax 530-265-9376 or sent by US Mail to: Placer County APS, 101 Cirby Hills Drive, Roseville, CA 95678. |
D. REPORTING PARTY Select appropriate field if reporting party waives confidentiality to |
E. INCIDENT INFORMATION - Address where incident occurred |
F. REPORTED TYPES OF ABUSEF. REPORTED TYPES OF ABUSE (Check All That Apply) |
1. PERPETRATED BY OTHERS (WIC 15610.07 & 15610.63) |
If you are reporting a situation that involves imminent danger or serious bodily injury involving substantial risk of death or requiring medical intervention, you MUST call Placer County's 24 hour confidential hotline (916) 787-8860 or 1-888-886-5401 for an emergency response.
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2. SELF-NEGLECT (WIC 15610.57(b)(5)) |
G. OTHER PERSON BELIEVED TO HAVE KNOWLEDGE OF ABUSE (family, significant others, neighbors, medical providers, agencies involved, etc.) |
H. FAMILY MEMBER OR OTHER PERSON RESPONSIBLE FOR VICTIM'S CARE (If unknown, list contact person) |
I. TELEPHONE AND WRITTEN REPORTS TO OTHER AGENCIES |
J. WRITTEN REPORT Enter information about the agencies receiving this report. If the abuse occurred in a LTC facility and resulted in Serious Bodily Injury*, please refer |
to "Reporting Responsibilities and Time Frames" in the General Instructions. Do not submit report to California Department of Social Services Adult Programs Division. |
We want your feedback! Please share your comments about the new Mandated Reporter online reporting tool. |
If this is an emergency situation please contact your local police department or dial 911. If you are reporting a situation
that involves imminent danger or serious bodily injury, such as physical or sexual abuse, you must call Placer County's 24-hour
Adult Intake hotline at: 916-787-8860. Please see the following definitions for reference: |
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Imminent Danger is defined as: A substantial probability that an elder or dependent adult is in imminent risk of death or serious physical harm,
through either his/her own inaction, or as a result of the action or inaction of another person.
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Serious Bodily Injury is defined as: An injury involving extreme physical pain, substantial risk of death, or protracted loss or impairment
of function of a bodily member, organ or of mental faculty, or requiring medical intervention including, but not limited to, hospitalization,
surgery, or physical rehabilitation.
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There is no ability to print this APS report. Once submitted, an Acknowledgement Letter is generated for your records that can be printed.
This is your confirmation that the report has been received.
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This online report satisfies both the telephone and written report requirements for Mandated Reporters. |
REPORT OF SUSPECTED DEPENDENT ADULT/ELDER ABUSE |
GENERAL INSTRUCTIONS |
PURPOSE OF FORM |
This form, as adopted by the California Department of Social Services (CDSS), is required under Welfare and Institutions Code (WIC)
Sections 15630 and 15658(a)(1). This form documents the information given by the reporting party on the suspected incident of abuse
or neglect of an elder or dependent adult. Abuse means any treatment with resulting physical harm, pain, or mental suffering or the
deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. Neglect means the
negligent failure of an elder or dependent adult or of any person having the care or custody of an elder or a dependent adult to exercise
that degree of self-care or care that a reasonable person in a like position would exercise. Elder means any person residing in this state
who is 60 years of age or older (WIC Section 15610.27). Dependent Adult means any person residing in this state, between the ages
of 18 and 59, 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 (WIC Section 15610.23). Dependent adult includes any person between the ages of 18 and 59 who is admitted
as an inpatient to a 24-hour health facility (defined in the Health and Safety Code Sections 1250, 1250.2, and 1250.3).
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COMPLETION OF THE FORM |
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This form may be used by the receiving agency to record information through a telephone report of suspected dependent adult/elder
abuse.
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If any item of information is unknown, enter "unknown." |
3. | Item A: Check box to indicate if the victim waives confidentiality. |
4. |
Item C: Check box if the reporting party waives confidentiality. Please note that mandated reporters are required to disclose their
names, however, non-mandated reporters may report anonymously |
REPORTING RESPONSIBILITIES AND TIME FRAMES: |
Any mandated reporter, who in his or her professional capacity, or within the scope of his or her employment, has observed or has
knowledge of an incident that reasonably appears to be abuse or neglect, or is told by an elder or dependent adult that he or she has
experienced behavior constituting abuse or neglect, or reasonably suspects that abuse or neglect has occurred, shall complete this form
for each report of known or suspected instance of abuse (physical abuse, sexual abuse, financial abuse, abduction, neglect (self-neglect),
isolation, and abandonment) involving an elder or dependent adult.
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*Serious bodily injury means an injury involving extreme physical pain, substantial risk of death, or protracted loss or impairment of
function of a bodily member, organ or of mental faculty, or requiring medical intervention, including, but not limited to, hospitalization,
surgery, or physical rehabilitation (WIC Section 15610.67).
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Reporting shall be completed as follows: |
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If the abuse occurred in a Long-Term Care (LTC) facility (as defined in WIC Section 15610.47) and resulted in serious bodily injury,
report by telephone to the local law enforcement agency immediately and no later than two (2) hours after observing, obtaining
knowledge of, or suspecting physical abuse. Send the written report to the local law enforcement agency, the local Long-Term Care
Ombudsman Program (LTCOP), and the appropriate licensing agency (for long-term health care facilities, the California Department
of Public Health; for community care facilities, the California Department of Social Services) within two (2) hours of observing, obtaining
knowledge of, or suspecting physical abuse.
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If the abuse occurred in a LTC facility, was physical abuse, but did not result in serious bodily injury, report by telephone to the local
law enforcement agency within 24 hours of observing, obtaining knowledge of, or suspecting physical abuse. Send the written report
to the local law enforcement agency, the local LTCOP, and the appropriate licensing agency (for long-term health care facilities, the
California Department of Public Health; for community care facilities, the California Department of Social Services) within 24 hours
of observing, obtaining knowledge of, or suspecting physical abuse.
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If the abuse occurred in a LTC facility, was physical abuse, did not result in serious bodily injury, and was perpetrated by a resident
with a physician's diagnosis of dementia, report by telephone to the local law enforcement agency or the local LTCOP, immediately
or as soon as practicably possible. Follow by sending the written report to the LTCOP or the local law enforcement agency within 24
hours of observing, obtaining knowledge of, or suspecting physical abuse.
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If the abuse occurred in a LTC facility, was abuse other than physical abuse, report by telephone to the LTCOP or the law enforcement
agency immediately or as soon as practicably possible. Follow by sending the written report to the local law enforcement agency or
the LTCOP within two working days.
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If the abuse occurred in a state mental hospital or a state developmental center, mandated reporters shall report by telephone or
through a confidential Internet reporting tool (established in WIC Section 15658) immediately or as soon as practicably possible and
submit the report within two (2) working days of making the telephone report to the responsible agency as identified below:
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If the abuse occurred in a State Mental Hospital, report to the local law enforcement agency or the California Department of
State Hospitals.
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If the abuse occurred in a State Developmental Center, report to the local law enforcement agency or to the California Department
of Developmental Services.
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For all other abuse, mandated reporters shall report by telephone or through a confidential Internet reporting tool to the adult protective
services agency or the local law enforcement agency immediately or as soon as practicably possible. If reported by telephone, a
written or an Internet report shall be sent to adult protective services or law enforcement within two working days.
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REPORTING PARTY DEFINITIONS |
Mandated Reporter (WIC Section 15630 (a)) Any person who has assumed full or intermittent responsibility for care or custody of an
elder or dependent adult, whether or not that person receives compensation, including administrators, supervisors, and any licensed staff
of a public or private facility that provides care or services for elder or dependent adults, or any elder or dependent adult care custodian,
health practitioner, clergy member, or employee of a county adult protective services agency or a local law enforcement agency, is a
mandated reporter.
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Care Custodian (WIC Section 15610.17) means an administrator or an employee of any of the following public or private facilities or
agencies, or persons providing are or services for elders or dependent adults, including members of the support staff and maintenance
staff: (a) Twenty-four hour health facilities, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code; (b) Clinics; (c)
Home health agencies; (d) Agencies providing publicly funded in-home supportive services, nutrition services, or other home and
community-based support services; (e) Adult day health care centers and adult day care; (f) Secondary schools that serve 18- to 22-
year-old dependent adults and postsecondary educational institutions that serve dependent adults or elders; (g) Independent living centers;
(h) Camps; (i) Alzheimer's Disease Day Care Resource Centers; (j) Community care facilities, as defined in Section 1502 of the Health
and Safety Code, and residential care facilities for the elderly, as defined in Section 1569.2 of the Health and Safety Code; (k) Respite
care facilities; (l) Foster homes; (m) Vocational rehabilitation facilities and work activity centers; (n) Designated area agencies on aging;
(o) Regional centers for persons with developmental disabilities; (p) State Department of Social Services and State Department of Health
Services licensing divisions; (q) County welfare departments; (r) Offices of patients' rights advocates and clients' rights advocates, including
attorneys; (s) The Office of the State Long-Term Care Ombudsman; (t) Offices of public conservators, public guardians, and court
investigators; (u) Any protection or advocacy agency or entity that is designated by the Governor to fulfill the requirements and
assurances of the following: (1) The federal Developmental Disabilities Assistance and Bill of Rights Act of 2000, contained in Chapter
144 (commencing with Section 15001) of Title 42 of the United States Code, for protection and advocacy of the rights of persons with
developmental disabilities; or (2) The Protection and Advocacy for the Mentally Ill Individuals Act of 1986, as amended, contained in
Chapter 114 (commencing with Section 10801) of Title 42 of the United States Code, for the protection and advocacy of the rights of
persons with mental illness; (v) Humane societies and animal control agencies; (w) Fire departments; (x) Offices of environmental health
and building code enforcement; or (y) Any other protective, public, sectarian, mental health, or private assistance or advocacy agency or
person providing health services or social services to elders or dependent adults.
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Health Practitioner (WIC Section 15610.37) means a physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist,
chiropractor, licensed nurse, dental hygienist, licensed clinical social worker or associate clinical social worker, marriage, family, and child
counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions
Code, any emergency medical technician I or II, paramedic, or person certified pursuant to Division 2.5 (commencing with Section 1797)
of the Health and Safety Code, a psychological assistant registered pursuant to Section 2913 of the Business and Professions Code, a
marriage, family, and child counselor trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code, or
an unlicensed marriage, family, and child counselor intern registered under Section 4980.44 of the Business and Professions Code, state
or county public health or social service employee who treats an elder or a dependent adult for any condition, or a coroner.
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Any officer and/or employee of a financial institution is a mandated reporter of suspected financial abuse and shall report suspected
financial abuse of an elder or dependent adult on form SOC 342, "Report of Suspected Dependent Adult/Elder Financial Abuse".
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MULTIPLE REPORTERS |
When two or more mandated reporters are jointly knowledgeable of a suspected instance of abuse of a dependent adult or elder, and
when there is agreement among them, the telephone report may be made by one member of the group. Also, a single written report may
be completed by that member of the group. Any person of that group, who believes the report was not submitted, shall submit the report.
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IDENTITY OF THE REPORTER |
The identity of all persons who report under WIC Chapter 11 shall be confidential and disclosed only among APS agencies, local law
enforcement agencies, LTCOPs, California State Attorney General Bureau of Medi-Cal Fraud and Elder Abuse, licensing agencies or
their counsel, Department of Consumer Affairs Investigators (who investigate elder and dependent adult abuse), the county District
Attorney, the Probate Court, and the Public Guardian. Confidentiality may be waived by the reporter or by court order.
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FAILURE TO REPORT |
Failure to report by mandated reporters (as defined under "Reporting Party Definitions") any suspected incidents of physical abuse
(including sexual abuse), abandonment, isolation, financial abuse, abduction, or neglect (including self-neglect) of an elder or a dependent
adult is a misdemeanor, punishable by not more than six months in the county jail, or by a fine of not more than $1,000, or by both
imprisonment and fine. Any mandated reporter who willfully fails to report abuse of an elder or a dependent adult, where the abuse
results in death or great bodily injury, may be punished by up to one year in the county jail, or by a fine of up to $5,000, or by both
imprisonment and fine (WIC Section 15630(h)).
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No one, including a supervisor, employer, or lawyer, can excuse a mandated reporter from his or her
personal legal duty to report known or suspected abuse. Anyone who attempts to impede or inhibit
a mandated reporter from reporting may be prosecuted for a misdemeanor punishable by a fine,
imprisonment, or both. Mandated reporters are therefore expected to report any such efforts to law
enforcement, as well as any other responsible agency (see Welfare and Institutions Code Section
15630(f) and (h).
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Officers or employees of financial institutions are mandated reporters of financial abuse (effective January 1, 2007). These mandated reporters
who fail to report financial abuse of an elder or dependent adult are subject to a civil penalty not exceeding $1,000. Individuals
who willfully fail to report financial abuse of an elder or dependent adult are subject to a civil penalty not exceeding $5,000. These civil
penalties shall be paid by the financial institution, which is the employer of the mandated reporter, to the party bringing the action.
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EXCEPTIONS TO REPORTING |
Per WIC Section 15630(b)(3)(A), a mandated reporter who is a physician and surgeon, a registered nurse, or a psychotherapist, as
defined in Section 1010 of the Evidence Code, shall not be required to report a suspected incident of abuse where all of the following
conditions exist:
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(1) |
The mandated reporter has been told by an elder or a dependent adult that he or she has experienced behavior constituting
physical abuse (including sexual abuse), abandonment, isolation, financial abuse, abduction, or neglect (including self-neglect). |
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(2) |
The mandated reporter is not aware of any independent evidence that corroborates the statement that the abuse has occurred. |
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(3) |
The elder or the dependent adult has been diagnosed with a mental illness or dementia, or is the subject of a court-ordered
conservatorship because of a mental illness or dementia. |
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(4) |
In the exercise of clinical judgment, the physician and surgeon, the registered nurse, or the psychotherapist, as defined in
Section 1010 of the Evidence Code, reasonably believes that the abuse did not occur. |
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DISTRIBUTION OF SOC 341 COPIES |
Mandated reporter: After making the telephone report to the appropriate agency or agencies, the reporter shall send the written report
to the designated agencies (as defined under "Reporting Responsibilities and Time Frames"); and keep one copy for the reporter's file.
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Receiving agency: Place the original copy in the case file. Send a copy to a cross-reporting agency, if applicable. |
DO NOT SEND A COPY TO THE CALIFORNIA DEPARTMENT OF SOCIAL SERVICES ADULT PROGRAMS DIVISION. |
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