Existing law, the Elder Abuse and Dependent Adult Civil Protection Act, sets forth various provisions for the reporting, investigation, and prosecution of elder and dependent adult abuse. The act requires specified persons, known as mandated reporters, to report cases of elder or dependent adult abuse, including cases of physical abuse or neglect. Under the act, failure to report the abuse is a misdemeanor. Existing law defines "neglect" for purposes of the act to include, among other things, failure to assist in personal hygiene or in the provision of food, clothing, or shelter, or failure to prevent malnutrition or dehydration. This bill would expand the definition of neglect to include (1) failure to implement a treatment plan, (2) failure to provide or arrange for services necessary for physical, mental, or emotional health, and (3) carelessness that produces or could reasonably be expected to result in serious physical injury, mental suffering, or death. Existing law defines "physical abuse" for purposes of the act to include, among other things, use of a physical or chemical restraint or psychotropic medication for specified purposes, including for punishment or for any purpose not authorized by a physician and surgeon. This bill would expand the definition of physical abuse to include use of a physical or chemical restraint or psychotropic medication for discipline or convenience when not required to treat the resident's medical symptoms and administered by a long-term health care facility or residential care facility for the elderly, as defined. By expanding the definitions of neglect and physical abuse, thereby expanding the scope of the crime of failing to report the neglect or abuse, the bill would impose a state-mandated local program. The act provides for the award of attorney's fees and costs to, and the recovery of damages by, a plaintiff when it is proven by clear and convincing evidence that the defendant is liable for physical abuse, neglect, or abandonment, and that the defendant has been found guilty of recklessness, oppression, fraud, or malice in the commission of that abuse. This bill would instead apply a preponderance-of-the-evidence standard for those cases. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law prohibits the abuse or neglect of an elder or dependant adult, as specified. Under existing law a violation of these provisions is punishable as either a misdemeanor or felony, depending on the circumstances. Existing law, for purposes of these provisions, defines an "elder" as a person 65 years of age or older, and a "dependant adult" as a person between 18 and 64 years of age who has certain defined physical or mental limitations. This bill would, for purposes of the elder and dependant adult abuse and neglect provisions, define an "elder" as a person who is 60 years of age or older, and define a "dependant adult" as a person between 18 and 59 years of age who has certain defined physical and mental limitations. By redefining "elder," this bill would expand the applicability of these crimes and impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law provides the procedure by which a restraining order prohibiting harassment or abuse may be sought by, or on behalf of, specified persons. Existing law prohibits the imposition of a fee for filing a petition that alleges that a person has inflicted or threatened violence against the petitioner, stalked the petitioner, or acted or spoken in any other manner that has placed the petitioner in reasonable fear of violence, and that seeks a protective or restraining order restraining stalking, future violence, or threats of violence. This bill would prohibit a filing fee for a civil harassment petition if the petitioner is 60 years of age or older.
Existing law, the Mello-Granlund Older Californians Act, establishes the Office of the State Long-Term Care Ombudsman, under the direction of the State Long-Term Care Ombudsman, in the California Department of Aging. Existing law requires the State Long-Term Care Ombudsman to ensure that residents have regular and timely access to the services provided through the office. Existing law requires the department to establish an 11-member advisory council for the office to provide advice and consultation to the State Long-Term Care Ombudsman Program and the Director of the California Department of Aging on issues affecting the provision of ombudsman services, including the review of proposed policy changes to the operation of the program, and to make recommendations, within 30 days, as appropriate. Existing law requires the department to notify the advisory council at least 30 days before designating a new organization or agency as an approved organization. This bill would instead require the department to establish a 13-member advisory council. The bill would extend the timeframe for the advisory council to consult with and make recommendations to the State Long-Term Care Ombudsman Program and the director from 30 days to 45 days. The bill would also extend the timeframe for the department to notify the advisory council about designating a new organization or agency as an approved organization from 30 days to 45 days.
Existing law, the Mello-Granlund Older Californians Act, establishes the California Department of Aging in the California Health and Human Services Agency, and sets forth its mission to provide leadership to the area agencies on aging in developing systems of home- and community-based services that maintain individuals in their own homes or least restrictive homelike environments. Existing law establishes an Aging and Disability Resource Connection (ADRC) program, administered by the department, to provide information to consumers and their families on available long-term services and supports (LTSS) programs and to assist older adults, caregivers, and persons with disabilities in accessing LTSS programs at the local level. Existing law requires the ADRC program to provide services within the geographic area served and provide information to the public about the services provided by the program. Existing law makes the operation of these provisions contingent upon the appropriation of funds for that purpose. This bill would require the department, upon appropriation, in conjunction with an unspecified board operating under the auspices of the State Treasurer, to establish and administer a Long-Term Services and Supports Benefits Program with the purpose of providing supportive care to aging Californians and those with physical disabilities. The bill would establish the Long-Term Services and Supports Benefit Program Fund and would require the department and the board to administer the program using proceeds from the fund. The bill would require an individual to have paid into the fund for an unspecified number of years to be eligible to receive benefits pursuant to the program. The bill would authorize the maximum amount of benefit available to an eligible individual to exceed the amount the individual contributed into the fund. The bill would authorize eligible individuals to use the benefits pursuant to the program for specified services, including in-home support services support for an individual in need of assistance for at least 2 activities of daily living. The bill would require the department to ensure that all vendors and providers of services pursuant to the program have not taken any actions to actively discourage their employees' membership in labor organizations or collective bargaining. The bill would make related findings and declarations.
