AB 1417 — Elder and dependent adult abuse: mandated reporting.

Summary

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. Existing law requires specified people, known as mandated reporters, to report cases of elder or dependent adult abuse. Under existing law, failure to report the abuse is a misdemeanor. Existing law establishes certain procedures for mandated reporters to report known or suspected instances of abuse by telephone followed by a written report, or through a confidential internet reporting tool, as specified. If the abuse is physical abuse, and the abuse occurred in a long-term care facility, with exceptions, existing law sets forth the reporting conditions, including those relating to the format, timelines, and recipients of the reporting. Under existing law, the reporting conditions are based on whether or not the suspected abuse results in serious bodily injury, or whether the suspected abuse is allegedly caused by a resident with a physician's diagnosis of dementia and there is no serious bodily injury, as specified. If the abuse is not physical abuse, and the abuse occurred in a long-term care facility, with exceptions, existing law requires a telephone report and a written report to be made to the local ombudsperson or the local law enforcement agency. This bill would delete and reorganize some of those reporting provisions. Under the bill, if the abuse that occurred in a long-term facility was allegedly caused by another resident of the facility with dementia diagnosed by a licensed physician and there was no serious bodily injury, the reporter would be required to submit a written report within 24 hours to the long-term care ombudsperson and the local law enforcement agency. Under the bill, in all other instances, immediately or as soon as practically possible, but no longer than 2 hours, the reporter would be required to submit a verbal report to the local law enforcement agency, and to submit a written report within 24 hours to the aforementioned recipients. Under the bill, the time limit for reporting would begin when the mandated reporter observes, obtains knowledge of, or suspects the abuse or neglect. The bill would make conforming changes to related provisions. By expanding the scope of the mandated reporting crime, and to the extent the bill would change the duties of local entities receiving the reports, the bill would 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

• Chaptered 10/08/23 - Chaptered Current pdf October 08, 2023
• Enrolled 09/18/23 - Enrolled pdf September 18, 2023
• Amended 09/01/23 - Amended Senate pdf September 01, 2023
• Amended 06/22/23 - Amended Senate pdf June 22, 2023
• Amended 04/12/23 - Amended Assembly pdf April 12, 2023
• Introduced 02/17/23 - Introduced pdf February 17, 2023
• AB1417 View text html

Action History

1. October 08, 2023

   Chaptered by Secretary of State - Chapter 580, Statutes of 2023.

2. October 08, 2023

   Approved by the Governor.

3. September 22, 2023

   Enrolled and presented to the Governor at 11:30 a.m.

4. September 14, 2023

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3555.).

5. September 13, 2023

   In Assembly. Concurrence in Senate amendments pending.

6. September 13, 2023

   Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2767.).

7. September 08, 2023

   Ordered to special consent calendar.

8. September 05, 2023

   Read second time. Ordered to third reading.

9. September 01, 2023

   Read second time and amended. Ordered returned to second reading.

10. September 01, 2023

    From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (September 1).

11. August 21, 2023

    In committee: Referred to APPR suspense file.

12. August 02, 2023

    In committee: Hearing postponed by committee.

13. July 05, 2023

    From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (July 3). Re-referred to Com. on APPR.

14. June 22, 2023

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HUMAN S.

15. June 20, 2023

    From committee: Do pass and re-refer to Com. on HUMAN S. with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (June 20). Re-referred to Com. on HUMAN S.

16. June 07, 2023

    Referred to Coms. on PUB S. and HUMAN S.

17. May 26, 2023

    In Senate. Read first time. To Com. on RLS. for assignment.

18. May 25, 2023

    Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1813.)

19. May 18, 2023

    Read second time. Ordered to Consent Calendar.

20. May 17, 2023

    From committee: Do pass. To Consent Calendar. (Ayes 15. Noes 0.) (May 17).

21. April 26, 2023

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 25). Re-referred to Com. on APPR.

22. April 17, 2023

    Re-referred to Com. on AGING & L.T.C.

23. April 12, 2023

    From committee chair, with author's amendments: Amend, and re-refer to Com. on AGING & L.T.C. Read second time and amended.

24. March 09, 2023

    Referred to Com. on AGING & L.T.C.

25. February 18, 2023

    From printer. May be heard in committee March 20.

26. February 17, 2023

    Read first time. To print.

Sponsors

• Wood · Primary

Votes

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