Tuesday, June 23, 2009

CALIFORNIA CODES-WELFARE AND INSTITUTIONS CODE SECTION 15610-15610.65

CALIFORNIA CODES
WELFARE AND INSTITUTIONS CODE
SECTION 15610-15610.65



15610. The definitions contained in this article shall govern the
construction of this chapter, unless the context requires otherwise.

15610.05. "Abandonment" means the desertion or willful forsaking of
an elder or a dependent adult by anyone having care or custody of
that person under circumstances in which a reasonable person would
continue to provide care and custody.

15610.06. "Abduction" means the removal from this state and the
restraint from returning to this state, or the restraint from
returning to this state, of any elder or dependent adult who does not
have the capacity to consent to the removal from this state and the
restraint from returning to this state, or the restraint from
returning to this state, as well as the removal from this state or
the restraint from returning to this state, of any conservatee
without the consent of the conservator or the court.

15610.07. "Abuse of an elder or a dependent adult" means either of
the following:
(a) Physical abuse, neglect, financial abuse, abandonment,
isolation, abduction, or other treatment with resulting physical harm
or pain or mental suffering.
(b) The deprivation by a care custodian of goods or services that
are necessary to avoid physical harm or mental suffering.

15610.10. "Adult protective services" means those preventive and
remedial activities performed on behalf of elders and dependent
adults who are unable to protect their own interests, harmed or
threatened with harm, caused physical or mental injury due to the
action or inaction of another person or their own action as a result
of ignorance, illiteracy, incompetence, mental limitation, substance
abuse, or poor health, lacking in adequate food, shelter, or
clothing, exploited of their income and resources, or deprived of
entitlement due them.

15610.13. "Adult protective services agency" means a county welfare
department, except persons who do not work directly with elders or
dependent adults as part of their official duties, including members
of support staff and maintenance staff.

15610.15. "Bureau" means the Bureau of Medi-Cal Fraud within the
office of the Attorney General.

15610.17. "Care custodian" means an administrator or an employee of
any of the following public or private facilities or agencies, or
persons providing care or services for elders or dependent adults,
including members of the support staff and maintenance staff:
(a) Twenty-four-hour health facilities, as defined in Sections
1250, 1250.2, and 1250.3 of the Health and Safety Code.
(b) Clinics.
(c) Home health agencies.
(d) Agencies providing publicly funded in-home supportive
services, nutrition services, or other home and community-based
support services.
(e) Adult day health care centers and adult day care.
(f) Secondary schools that serve 18- to 22-year-old dependent
adults and postsecondary educational institutions that serve
dependent adults or elders.
(g) Independent living centers.
(h) Camps.
(i) Alzheimer's Disease day care resource centers.
(j) Community care facilities, as defined in Section 1502 of the
Health and Safety Code, and residential care facilities for the
elderly, as defined in Section 1569.2 of the Health and Safety Code.
(k) Respite care facilities.
(l) Foster homes.
(m) Vocational rehabilitation facilities and work activity
centers.
(n) Designated area agencies on aging.
(o) Regional centers for persons with developmental disabilities.
(p) State Department of Social Services and State Department of
Health Services licensing divisions.
(q) County welfare departments.
(r) Offices of patients' rights advocates and clients' rights
advocates, including attorneys.
(s) The office of the long-term care ombudsman.
(t) Offices of public conservators, public guardians, and court
investigators.
(u) Any protection or advocacy agency or entity that is designated
by the Governor to fulfill the requirements and assurances of the
following:
(1) The federal Developmental Disabilities Assistance and Bill of
Rights Act of 2000, contained in Chapter 144 (commencing with
Section 15001) of Title 42 of the United States Code, for protection
and advocacy of the rights of persons with developmental
disabilities.
(2) The Protection and Advocacy for the Mentally Ill Individuals
Act of 1986, as amended, contained in Chapter 114 (commencing with
Section 10801) of Title 42 of the United States Code, for the
protection and advocacy of the rights of persons with mental illness.
(v) Humane societies and animal control agencies.
(w) Fire departments.
(x) Offices of environmental health and building code enforcement.
(y) Any other protective, public, sectarian, mental health, or
private assistance or advocacy agency or person providing health
services or social services to elders or dependent adults.

15610.19. "Clergy member" means a priest, minister, rabbi,
religious practitioner, or similar functionary of a church,
synagogue, temple, mosque, or recognized religious denomination or
organization. "Clergy member" does not include unpaid volunteers
whose principal occupation or vocation does not involve active or
ordained ministry in a church, synagogue, temple, mosque, or
recognized religious denomination or organization, and who
periodically visit elder or dependent adults on behalf of that
church, synagogue, temple, mosque, or recognized religious
denomination or organization.

15610.20. "Clients' rights advocate" means the individual or
individuals assigned by a regional center or state hospital
developmental center to be responsible for clients' rights assurance
for persons with developmental disabilities.

15610.23. (a) "Dependent adult" means any person between the ages
of 18 and 64 years who resides in this state and who has physical or
mental limitations that restrict his or her ability to carry out
normal activities or to protect his or her rights, including, but not
limited to, persons who have physical or developmental disabilities,
or whose physical or mental abilities have diminished because of
age.
(b) "Dependent adult" includes any person between the ages of 18
and 64 years who is admitted as an inpatient to a 24-hour health
facility, as defined in Sections 1250, 1250.2, and 1250.3 of the
Health and Safety Code.

15610.25. "Developmentally disabled person" means a person with a
developmental disability specified by or as described in subdivision
(a) of Section 4512.

15610.27. "Elder" means any person residing in this state, 65 years
of age or older.

15610.30. (a) "Financial abuse" of an elder or dependent adult
occurs when a person or entity does any of the following:
(1) Takes, secretes, appropriates, obtains, or retains real or
personal property of an elder or dependent adult for a wrongful use
or with intent to defraud, or both.
(2) Assists in taking, secreting, appropriating, obtaining, or
retaining real or personal property of an elder or dependent adult
for a wrongful use or with intent to defraud, or both.
(3) Takes, secretes, appropriates, obtains, or retains, or assists
in taking, secreting, appropriating, obtaining, or retaining, real
or personal property of an elder or dependent adult by undue
influence, as defined in Section 1575 of the Civil Code.
(b) A person or entity shall be deemed to have taken, secreted,
appropriated, obtained, or retained property for a wrongful use if,
among other things, the person or entity takes, secretes,
appropriates, obtains, or retains the property and the person or
entity knew or should have known that this conduct is likely to be
harmful to the elder or dependent adult.
(c) For purposes of this section, a person or entity takes,
secretes, appropriates, obtains, or retains real or personal property
when an elder or dependent adult is deprived of any property right,
including by means of an agreement, donative transfer, or
testamentary bequest, regardless of whether the property is held
directly or by a representative of an elder or dependent adult.
(d) For purposes of this section, "representative" means a person
or entity that is either of the following:
(1) A conservator, trustee, or other representative of the estate
of an elder or dependent adult.
(2) An attorney-in-fact of an elder or dependent adult who acts
within the authority of the power of attorney.

15610.35. "Goods and services necessary to avoid physical harm or
mental suffering" include, but are not limited to, all of the
following:
(a) The provision of medical care for physical and mental health
needs.
(b) Assistance in personal hygiene.
(c) Adequate clothing.
(d) Adequately heated and ventilated shelter.
(e) Protection from health and safety hazards.
(f) Protection from malnutrition, under those circumstances where
the results include, but are not limited to, malnutrition and
deprivation of necessities or physical punishment.
(g) Transportation and assistance necessary to secure any of the
needs set forth in subdivisions (a) to (f), inclusive.

15610.37. "Health practitioner" means a physician and surgeon,
psychiatrist, psychologist, dentist, resident, intern, podiatrist,
chiropractor, licensed nurse, dental hygienist, licensed clinical
social worker or associate clinical social worker, marriage, family,
and child counselor, or any other person who is currently licensed
under Division 2 (commencing with Section 500) of the Business and
Professions Code, any emergency medical technician I or II,
paramedic, or person certified pursuant to Division 2.5 (commencing
with Section 1797) of the Health and Safety Code, a psychological
assistant registered pursuant to Section 2913 of the Business and
Professions Code, a marriage, family, and child counselor trainee, as
defined in subdivision (c) of Section 4980.03 of the Business and
Professions Code, or an unlicensed marriage, family, and child
counselor intern registered under Section 4980.44 of the Business and
Professions Code, state or county public health or social service
employee who treats an elder or a dependent adult for any condition,
or a coroner.

15610.39. "Imminent danger" means a substantial probability that an
elder or dependent adult is in imminent or immediate risk of death
or serious physical harm, through either his or her own action or
inaction, or as a result of the action or inaction of another person.

15610.40. "Investigation" means that activity undertaken to
determine the validity of a report of elder or dependent adult abuse.

15610.43. (a) "Isolation" means any of the following:
(1) Acts intentionally committed for the purpose of preventing,
and that do serve to prevent, an elder or dependent adult from
receiving his or her mail or telephone calls.
(2) Telling a caller or prospective visitor that an elder or
dependent adult is not present, or does not wish to talk with the
caller, or does not wish to meet with the visitor where the statement
is false, is contrary to the express wishes of the elder or the
dependent adult, whether he or she is competent or not, and is made
for the purpose of preventing the elder or dependent adult from
having contact with family, friends, or concerned persons.
(3) False imprisonment, as defined in Section 236 of the Penal
Code.
(4) Physical restraint of an elder or dependent adult, for the
purpose of preventing the elder or dependent adult from meeting with
visitors.
(b) The acts set forth in subdivision (a) shall be subject to a
rebuttable presumption that they do not constitute isolation if they
are performed pursuant to the instructions of a physician and surgeon
licensed to practice medicine in the state, who is caring for the
elder or dependent adult at the time the instructions are given, and
who gives the instructions as part of his or her medical care.
(c) The acts set forth in subdivision (a) shall not constitute
isolation if they are performed in response to a reasonably perceived
threat of danger to property or physical safety.

15610.45. "Local law enforcement agency" means a city police or
county sheriff's department, or a county probation department, except
persons who do not work directly with elders or dependent adults as
part of their official duties, including members of support staff and
maintenance staff.

15610.47. "Long-term care facility" means any of the following:
(a) Any long-term health care facility, as defined in subdivision
(a) of Section 1418 of the Health and Safety Code.
(b) Any community care facility, as defined in paragraphs (1) and
(2) of subdivision (a) of Section 1502 of the Health and Safety Code,
whether licensed or unlicensed.
(c) Any swing bed in an acute care facility, or any extended care
facility.
(d) Any adult day health care facility as defined in subdivision
(b) of Section 1570.7 of the Health and Safety Code.
(e) Any residential care facility for the elderly as defined in
Section 1569.2 of the Health and Safety Code.

15610.50. "Long-term care ombudsman" means the State Long-Term Care
Ombudsman, local ombudsman coordinators, and other persons currently
certified as ombudsmen by the Department of Aging as described in
Chapter 11 (commencing with Section 9700) of Division 8.5.

15610.53. "Mental suffering" means fear, agitation, confusion,
severe depression, or other forms of serious emotional distress that
is brought about by forms of intimidating behavior, threats,
harassment, or by deceptive acts performed or false or misleading
statements made with malicious intent to agitate, confuse, frighten,
or cause severe depression or serious emotional distress of the elder
or dependent adult.

15610.55. (a) "Multidisciplinary personnel team" means any team of
two or more persons who are trained in the prevention,
identification, and treatment of abuse of elderly or dependent adults
and who are qualified to provide a broad range of services related
to abuse of elderly or dependent adults.
(b) A multidisciplinary personnel team may include, but is not
limited to, all of the following:
(1) Psychiatrists, psychologists, or other trained counseling
personnel.
(2) Police officers or other law enforcement agents.
(3) Medical personnel with sufficient training to provide health
services.
(4) Social workers with experience or training in prevention of
abuse of elderly or dependent adults.
(5) Public guardians.
(6) The local long-term care ombudsman.

15610.57. (a) "Neglect" means either of the following:
(1) The negligent failure of any person having the care or custody
of an elder or a dependent adult to exercise that degree of care
that a reasonable person in a like position would exercise.
(2) The negligent failure of an elder or dependent adult to
exercise that degree of self care that a reasonable person in a like
position would exercise.
(b) Neglect includes, but is not limited to, all of the following:
(1) Failure to assist in personal hygiene, or in the provision of
food, clothing, or shelter.
(2) Failure to provide medical care for physical and mental health
needs. No person shall be deemed neglected or abused for the sole
reason that he or she voluntarily relies on treatment by spiritual
means through prayer alone in lieu of medical treatment.
(3) Failure to protect from health and safety hazards.
(4) Failure to prevent malnutrition or dehydration.
(5) Failure of an elder or dependent adult to satisfy the needs
specified in paragraphs (1) to (4), inclusive, for himself or herself
as a result of poor cognitive functioning, mental limitation,
substance abuse, or chronic poor health.

15610.60. "Patients' rights advocate" means a person who has no
direct or indirect clinical or administrative responsibility for the
patient, and who is responsible for ensuring that laws, regulations,
and policies on the rights of the patient are observed.

15610.63. "Physical abuse" means any of the following:
(a) Assault, as defined in Section 240 of the Penal Code.
(b) Battery, as defined in Section 242 of the Penal Code.
(c) Assault with a deadly weapon or force likely to produce great
bodily injury, as defined in Section 245 of the Penal Code.
(d) Unreasonable physical constraint, or prolonged or continual
deprivation of food or water.
(e) Sexual assault, that means any of the following:
(1) Sexual battery, as defined in Section 243.4 of the Penal Code.
(2) Rape, as defined in Section 261 of the Penal Code.
(3) Rape in concert, as described in Section 264.1 of the Penal
Code.
(4) Spousal rape, as defined in Section 262 of the Penal Code.
(5) Incest, as defined in Section 285 of the Penal Code.
(6) Sodomy, as defined in Section 286 of the Penal Code.
(7) Oral copulation, as defined in Section 288a of the Penal Code.
(8) Sexual penetration, as defined in Section 289 of the Penal
Code.
(9) Lewd or lascivious acts as defined in paragraph (2) of
subdivision (b) of Section 288 of the Penal Code.
(f) Use of a physical or chemical restraint or psychotropic
medication under any of the following conditions:
(1) For punishment.
(2) For a period beyond that for which the medication was ordered
pursuant to the instructions of a physician and surgeon licensed in
the State of California, who is providing medical care to the elder
or dependent adult at the time the instructions are given.
(3) For any purpose not authorized by the physician and surgeon.
15610.65. "Reasonable suspicion" means an objectively reasonable
suspicion that a person would entertain, based upon facts that could
cause a reasonable person in a like position, drawing when
appropriate upon his or her training and experience, to suspect
abuse.

1 comment:

  1. 15th day was an effort to focus efforts across the globe to raise awareness of abuse and neglect of older adults in a coordinated fashion. Stand with HelpAge India,non profit organization working for elderly people.

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