Monday, December 10, 2007

FINANCIAL ABUSE REPORTING ACT, SB 1018

State of California

Financial Abuse Reporting Act, SB 1018

Beginning January 1, 2007 this new mandate requires employees of banks and credit unions to report suspected financial elder abuse to Adult Protective Services or law enforcement authorities.

SB 1018 (Simitian) >>
http://www.leginfo.ca.gov/pub/05-06/bill/sen/sb_1001-1050/sb_1018_bill_20050829_chaptered.html

California Welfare and Institutions Code §15630.1 >>
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=wic&group=15001-16000&file=15630-15632

California Bankers Association review of California Welfare and Institutions Code §15630.1 and 15655.5 (pdf)>>
http://www.calbankers.com/pdf/rc06_ElderAbuseReportingLaw.pdf


Omnibus Conservatorship and Guardianship Reform Act of 2006, AB 1363

Beginning January 1, 2007 this mandate requires private and public conservators to be certified by the court and comply with educational requirements by January 1, 2008 and licensing by July 1, 2008.

AB 1363 (Jones) >>
http://www.leginfo.ca.gov/pub/05-06/bill/asm/ab_1351-1400/ab_1363_bill_20060927_chaptered.html

California Assembly summary page on Probate and Related Matters >>
http://www.assembly.ca.gov/acs/committee/c15/publications/2006summary/PROBATE%20AND%20RELATED%20MATTERS.htm

American Bar Association Legislative Updates (scroll down to Guardianship) >>
http://www.abanet.org/aging/legislativeupdates/home.shtml


Federal:

2006 Reauthorization of Older Americans Act (OAA), HR 6197

For the first time since the Older Americans Act was enacted in 1965, the law formally mentions elder justice.

Administration on Aging page on Reauthorization of OAA >>
http://www.aoa.dhhs.gov/about/legbudg/oaa/legbudg_oaa.asp

National Center on Elder Abuse elder justice-related highlights of OAA, October 2006 >>
http://www.elderabusecenter.org/enews/nceaenews061031.cfm


Elder Justice Act

National, regional, state, and local advocacy groups have endeavored to bring about the passage of landmark federal legislation to support a comprehensive approach to addressing elder justice issues. The prospect of passing the Elder Justice Act makes this a critical time in the history of elder abuse prevention.
In 2003, Senators John Breaux (D-LA) and Orrin Hatch (R-UT) and Representatives Rahm Emanuel (D-IL), Roy Blunt (R-MO) and Peter King (R-NY), first introduced the Elder Justice Act (S. 333/HR 2490). The bill was reintroduced in 2005 by Senator Hatch and Representative King, and is now under debate in a time when the nation is becoming more aware of the pervasiveness and complexity of elder abuse and neglect. The authors have applied the lessons learned in the fields of child abuse and women’s abuse, neglect, and violence in an effort to combat crimes against older adults. By combining law enforcement, public health, and social services the act encourages the inter-disciplinary approach to studying elder abuse and neglect. This approach will have far-reaching effects on the detection, treatment, prosecution, and prevention of elder abuse, neglect, and exploitation.

Chairman’s Mark of S. 2010, Elder Justice Act >> www.senate.gov/~finance/sitepages/leg/080306chairmark.pdf
S. 2010, Elder Justice Act Substitute (section-by-section summary) >> www.senate.gov/~finance/press/Gpress/2005/prg080306.pdf
S. 2010 >> http://thomas.loc.gov/cgi-bin/bdquery/z?d109:s.02010:
H.R. 4993 >> http://thomas.loc.gov/cgi-bin/bdquery/z?d109:HR04993:

For more information on the Elder Justice Act, visit www.elderjusticecoalition.com.



Additional Interest Groups
Protection & Advocacy Inc. serves Californians with a wide range of disabilities - including cognitive, mental, sensory, and physical disabilities - by guarding against abuse; advocating for basic rights; and ensuring accountability in health care, education, employment, housing, transportation, and within the juvenile and criminal justice systems.
www.pai-ca.org

Aging Services of California formerly the California Association of Homes and Services for the Aging, is the primary statewide association for nonprofit organizations providing health care, housing and community services to older adults. It is the mission of Aging Services of California to advance housing and services for older adults and to support and inspire its members through advocacy, education research and services enabling them to meet changing needs of their clients and communities.
www.aging.org

California Advocates for Nursing Home Reform has been fighting since 1983 for the rights of long-term care residents in California. CANHR has directed its resources toward the following long term care issues:
· Developing consumer information and making it affordable and accessible to consumers
· Aiding residents and their families in finding the legal services they need
· Providing consumers, attorneys and social workers with accurate information on Medi-Cal and long term care issues
· Tougher sanctions against homes that abuse or neglect residents
· Eliminating the inappropriate use of physical and chemical restraints
· Fighting for fair and equitable Medi-Cal rules to protect the poor and middle class from impoverishment and loss of their homes
· Determining root causes of poor care and developing legislation and policy to address them
www.canhr.org
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2 comments:

  1. Great Law. No enforcement however. When a bank is willing to allow an 80 year old woman to wire $3 to Jamaica and spend $5 to do so....Then tell me that because they were "told" that it was to a family member and so are absolved of all responsiblity....THIS LAW HAS NO GUTS! This happened to my mother with demetia. REPEATEDLY.

    Every Bank Manager, Store Manager and Clerk said they "believed" she was being taken advantage of... not ONE of them filed this report... USELESS because none of them even knew the law existed.

    You want something to be effective then you need to take the time and money to Educate, Educate Educate. I'm personally tired of feel-good laws that accomplish NOTHING

    ReplyDelete