āAB 1417 (Chapter 580, Statutes of 2023) changes the mandated reporter process for incidents of elder and dependent adult abuse. The revised process outlines requirements for reporting incidents of known, suspected or alleged abuse committed by residents diagnosed with dementia. Certified facilities must continue to report incidents of abuse pursuant to Title 42 of the Code of Federal Regulations section 483.12(c)(1). Physical abuse is defined in Welfare and Institutions Code section 15610.63. Abuse or suspected abuse also includes abandonment, abduction, isolation, financial abuse, or neglect.
For incidents involving resident-on-resident abuse that did not result in bodily harm where the alleged abuser is a resident diagnosed with dementia, facilities are required to notify the ombudsman and local law enforcement in writing within 24 hours.
For incidents resulting in physical harm, facilities are required to notify local law enforcement immediately or as soon as possible, but not later than two hours after the incident occurred. Facilities are further required to provide written notice of the incident to, the appropriate state agency, the ombudsman, and local law enforcement.
Facilities are responsible for following all applicable laws. The California Department of Public Health's failure to expressly notify facilities of statutory or regulatory requirements does not relieve facilities of their responsibility to comply with all laws and regulations. Facilities should refer to the full text of all applicable sections of the Health and Safety Code and Title 22 of the California Code of Regulations.
If you have any questions about this AFL, please contact your local district office.
Sincerely,
Original signed by Cassie Dunham
Cassie Dunham
Deputy Director
Resources:
- AFL 21-26 Mandated Reporting Requirements of Potential Abuse, Neglect, Exploitation, or Mistreatment of Elders or Dependent Adultsā