Bill Text: CA SB492 | 2019-2020 | Regular Session | Introduced

California Senate Bill 492 (Prior Session Legislation)

Introduced

Bill Title: Elder or dependent adult abuse.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2020-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB492 Detail]

Download: California-2019-SB492-Introduced.html

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 492

Introduced by Senator Galgiani

February 21, 2019

An act to amend Section 15636 of the Welfare and Institutions Code, relating to elder or dependent adult abuse.

LEGISLATIVE COUNSEL'S DIGEST

SB 492, as introduced, Galgiani. Elder or dependent adult abuse.

Existing law authorizes any victim of elder or dependent adult abuse to refuse or withdraw consent at any time for an investigation or the provision of protective services by an adult protective services agency or long-term care ombudsman program, as specified.

This bill would, when the alleged victim of elder or dependent adult abuse has a personal representative, as defined, who is the alleged abuser, require the adult protective services agency or long-term care ombudsman to proceed with an investigation as if the alleged victim has provided consent. The bill would require an investigation to be reported to the local law enforcement agency that has a primary investigative role. By increasing the investigative and reporting duties of local governments, this bill would create 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

The people of the State of California do enact as follows:

SECTION 1.

Section 15636 of the Welfare and Institutions Code is amended to read:

15636.

(a) Any victim of elder or dependent adult abuse may refuse or withdraw consent at any time to an investigation or the provision of protective services by an adult protective services agency or long-term care ombudsman program. The adult protective services agency shall act only with the consent of the victim unless a violation of the Penal Code has been alleged. A local long-term care ombudsman shall act only with the consent of the victim and shall disclose confidential information only after consent to disclose is given by the victim or pursuant to court order.

(b) If the elder or dependent adult abuse victim is so incapacitated that ~~he or she~~ they cannot legally give or deny consent to protective services, a petition for temporary conservatorship or guardianship may be initiated in accordance with Section 2250 of the Probate Code.

(c) If the alleged victim of elder or dependent adult abuse has a personal representative who is the alleged abuser, the adult protective services agency or the local long-term care ombudsman shall proceed with an investigation as if the alleged victim provided consent. An investigation pursuant to this subdivision shall be reported to the local law enforcement agency that has a primary investigative role pursuant to Section 368.5 of the Penal Code.
(d) For the purposes of this section, “personal representative” includes, but is not limited to, a conservator, temporary conservator, person with durable power of attorney, and successor trustee.

SEC. 2.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.