What Is Elder or Dependent Adult Abuse?
Amended Code of Civil Procedure § 377.34 now permits damages to be recovered for a decedent’s pain, suffering, or disfigurement, in an action brought by the decedent’s personal representative or successor in interest, if the action or proceeding was granted a specified preference under Code of Civil Procedure section 36 before January 1, 2022, or was filed on or after January 1, 2022, and before January 1, 2026. The amendment requires plaintiffs recovering under this statute to report their awards to the Judicial Council, and the Judicial Council will provide this information to the Legislature.
Nursing Home Abuse or Caregiver Neglect can manifest itself by:
Mental Status Changes
Bedsores, Wounds, Infestations, Bruising
A decline in functioning or new condition
Frequent ER visits
Change in general appearance
Financial abuse or disappearance of belongings
Complaints of lack of attention
Elder or Dependent Adult Abuse Restraining Orders
What a restraining order CAN do
Effect of a restraining order on the restrained person
The Restraining Order Process
Who is the mandated reporter?
Any person who has assumed full or intermittent responsibility for the 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." Welf & I C §15630(a). A 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 physical abuse, abandonment, abduction, isolation, financial abuse, or neglect, or is told by an elder or dependent adult that he or she has experienced behavior constituting such abuse, or reasonably suspects that abuse, must report the known or suspected incident of abuse to APS or the local law enforcement agency, or to the ombudsman or law enforcement if the abuse occurred in a long-term care facility. Welf & I C §15630(b)(1).
Services Available through the Adult Protective Services
Investigations; Needs assessments; Remedial and preventive social work activities; Necessary tangible resources such as food, transportation, emergency shelter, and in-home protective care; The use of multidisciplinary teams; and A system in which abuse can be reported on a 24-hour basis.