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.

1. Presented by
County of San Diego,
Health & Human Services Agency
Aging & Independence Services
Adult Protective Services
Outreach & Education

2. Mandated Reporting of
Elder & Dependent Adult Abuse
Aging & Independence Services
Adult Protective Services
County of San Diego

3. Elder
Any person residing in
this state, 65 years of age
or older

4. Dependent Adult
Any person between 18-64 yrs who resides
in this state
who has physical or mental limitations that
restrict his/her ability to carry out normal
activities or to protect rights and interests
Includes but not limited, to persons with
physical or developmental disabilities
or whose physical or mental abilities have
diminished because of age.
Anyone 18-64 years, who is admitted as an
inpatient to a 24-hour health facility.

5. Mandated Reporters
Any Persons with protective, public, sectarian, or
mental health agencies;
Any Persons with Private assistance or Advocacy
agencies;
Any Persons providing Health Services or Social
Services to elders or dependents adults;
Any Persons who have assumed full or
intermittent responsibility for care or custody of
an elder or dependent adult;
Whether or not they receive compensation

6. Mandated Reporters Are
Required to:
Report if you observe abuse.
Report when a senior or dependent
adults tells you that they are being
abused.
Report when you have knowledge that
reasonably leads you to suspect that
abuse is occurring.

7. Dependent Adult & Elder Abuse
(W&I 15610-15610.65)
Physical Abuse
Neglect by Others
Isolation
Self-Neglect
Financial
Abduction
Mental Suffering
Abandonment

8. Self-Neglect
Negligent failure of an elder or dependent
adults to exercise that degree of self care
that a reasonable person in a like position
would exercise due to:
Poor Cognitive Function
Mental Limitations
Chronic Poor Health
Substance Abuse and/or Gambling
Problems
Proud, Independent & Stubborn
Traits
Limited Financial Resources

9. Self-Neglect Indicators
Malnourished
Filthy
Chaotic home
May or Maybe Not be
Oriented 3x
Person
Place
Time
Have capacity and
don’t care
House easy to spot -
neighborhood eyesore
Frequent fire code and
animal violations
History of “self-
determined” lifestyle

10. Self-Determination
California is a self-determination state
Elders & Dependent Adults have the right
to make either own personal decisions that
may not appear to be in their own best
interest
Only if persons who meet W&I Code 5150
criteria can Senior Team, PERT or Law
Enforcement Intervene

11. APS Investigates & May Refer To:
Public Guardian
Probate conservatorship for
persons who are gravely
disabled. Protects persons
and their estates where no
family or friends take
responsibility
Public Conservator
Court conservatorship due
serious mental illness
Senior Mental Health Team
and Geriatric Specialists
visits 60yr+ seniors,
evaluates mental health, and
provide short term care
management
PERT Team
 YANA
 Code Enforcement
 Animal Control
 Humane Society
 Elder Law & Advocacy
 Community Resources

Senior Centers

Senior Dining

Home Delivered Meals

Homemaker Agencies

12. Report Abuse to
APS Immediately
Report Abuse Immediately (24 hours) Adult
Protective Services - Elder & Dependent
Adult Abuse Reporting Line
24-hours a day; 7 days a week
1-800-510-2020
Written Report SOC-341 by 2 working days
Mandated Reporters - Web Referrals (in
lieu phone/SOC)– Effective Summer 2013

13. Long Term Care Ombudsmen
Patient/residents has the right to remain
anonymous in investigations; especially if
they may be at risk
In these cases, investigations occur “broad-
based” i.e. a whole floor or section or
facility
State Ombudsman and Medicare Fraud
maybe involved with investigations

14. AB 40 – Long Term Care Facilities
All Long Term Care Facilities -Effective
January 1, 2013, W&I Code 15610.67 – Physical
Abuse:
Serious Bodily Injury – Immediately call to Law
Enforcement and within 2hrs SOC-341 to LTC
Ombudsman, Licensing Agency, and Law Enforcement
No Serious Bodily Injury – Call within 24 hrs to Law
Enforcement and 24hrs SOC-341 to LTC Ombudsman,
Licensing Agency, and Law Enforcement
Physical Abuse caused by Resident w/Dementia –
Immediately or as soon as possible call LTC
Ombudsmen (or) Law Enforcement and within 24 hrs
SOC-341 to LTC Ombudsman (or) Law Enforcement

15. Long Term Care Ombudsmen
 Investigates reported suspected abuses in long-term care
facilities 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 Day
Programs
Adult Care Facilities
Adult Day Care Facilities
Adult Day Health Care Facilities
Day and Work Programs

16. Mandated Reporters
Held in Confidence
APS & LTC Ombudsmen by law cannot
reveals who made the Elder/Dependent Adult
Abuse Report
Reporters should not tell patients/clients they
are making a report
Welfare & Institution Codes Protects
Mandated Reporters from:
Criminal and Civil Litigation

17. Penalties for Failure to Report
Fails, impedes or delays reporting:
$1,000 fine and/or 6 months County Jail
Willfully fails to report, impedes, delays
reporting that results in death or great
bodily injury:
$5,000 and/or 1 year in County Jail
Also faced with possible loss of
“Licensure”

18. Permissive Reporters
Any person may make a report of suspected
Elder/Dependent Adult Abuse
Either Anonymously
Or, Held in Confidence

20. Contact Information
Anabel Kuykendall,
AIS, Outreach & Education
(619) 476-6223
anabel.kuykendall@sdcounty.ca.gov