California Senate Bill SB718 Introduced / Bill

 BILL NUMBER: SB 718INTRODUCED BILL TEXT INTRODUCED BY Senator Vargas FEBRUARY 18, 2011 An act to amend Section 15658 of the Welfare and Institutions Code, relating to public social services. LEGISLATIVE COUNSEL'S DIGEST SB 718, as introduced, Vargas. Elder abuse: mandated reporting. Existing law requires specified people, known as mandated reporters, to report cases of elder abuse, as defined, to a county adult protective services agency. Existing law requires mandated reporters to send written reports to specified entities containing prescribed information. This bill would authorize the required reports to be submitted to a county adult protective services agency through a confidential Internet reporting tool, if the county implements such a system, so long as the information gathered meets the existing requirements for written reports. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 15658 of the Welfare and Institutions Code is amended to read: 15658. (a) (1) The written abuse reports required for the reporting of abuse, as defined in this chapter, shall be submitted on forms adopted by the State Department of Social Services after consultation with representatives of the various law enforcement agencies, the California Department of Aging, the State Department of Developmental Services, the State Department of Mental Health, the bureau, professional medical and nursing agencies, hospital associations ,  and county welfare departments. These reporting forms shall be distributed by the county adult protective services agencies and the long-term care ombudsman programs. This reporting form may also be used for documenting the telephone report of a known or suspected instance of abuse of an elder or dependent adult by the county adult protective services agency, local ombudsman program, and local law enforcement agencies. (2) The forms required by this section shall contain the following items: (A) The name, address, telephone number, and occupation of the person reporting. (B) The name and address of the victim. (C) The date, time, and place of the incident. (D) Other details, including the reporter's observations and beliefs concerning the incident. (E) Any statement relating to the incident made by the victim. (F) The name of any individuals believed to have knowledge of the incident. (G) The name of the individuals believed to be responsible for the incident and their connection to the victim. (b) (1) Each county adult protective services agency shall report to the State Department of Social Services monthly on the reports received pursuant to this chapter. The reports shall be made on forms adopted by the department. The information reported shall include, but shall not be limited to, the number of incidents of abuse, the number of persons abused, the type of abuse sustained, and the actions taken on the reports. For purposes of these reports, sexual abuse shall be reported separately from physical abuse. (2) The county's report to the department shall not include reports it receives from the long-term care ombudsman program pursuant to subdivision (c). (3) The department shall refer to the bureau monthly data summaries of the reports of elder and dependent adult abuse, neglect, abandonment, isolation, and financial abuse, and other abuse it receives from county adult protective services agencies. (c) Each long-term care ombudsman program shall report to the office of the Long-Term Care Ombudsman of the California Department of Aging monthly on the reports it receives pursuant to this chapter  with   and shall send  a copy  sent  to the county adult protective services agency. The office of the state ombudsman shall submit a summarized quarterly report to the department based on the monthly reports submitted by local long-term care ombudsman programs. The reports shall be on forms adopted by the department and the office of the state ombudsman. The information reported shall include, but shall not be limited to, the number of incidents of abuse, the numbers of persons abused, the type of abuse, and the actions taken on the reports. For purposes of these reports, sexual abuse shall be reported separately from physical abuse.  (d) Reports required pursuant to this chapter may be submitted to a county adult protective services agency through a confidential Internet reporting tool, if the county chooses to implement such a system, so long as the information gathered meets the requirements of subdivision (a).