Police Department Policy

BUENAPPD_313_-_Elder_and_Dependent_Adult_Abuse_356621

Buena Park PD

Policy Text
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW 4 05/12/2015 02/16/2023 02/16/2027 BUENA PARK POLICE DEPARTMENT GENERAL ORDERS _______________________ ____________ GO 326 - Elder and Dependent Adult Abuse 1 POLICY 326 ELDER and DEPENDENT ADULT ABUSE 326.1 PURPOSE AND SCOPE This policy provide s employee s of this Department with direction and understanding of their role in the prevention, detection , and intervention in incidents of elder and dependent adult abuse. 326.1.1 ACCREDITATION STANDARDS This policy pertains to the following CALEA Standards: 1.2.5, 1.2.7, 55.2.2, 82.2.1, 82.2. 4 326.1.2 DEFINITIONS Elder and Dependent Adult Abuse : Any offense or attempt ed offense involving physical abuse, neglect , financial abuse, abduction, or other treatment resulting in physical harm, pain , or mental suffering of adults, or deprivation by a caregiver of goods or services that are necessary to av oid physical harm or mental suffering ( Welfare and Institutions Code § 15610.07 ). Elder : Any person residing in this state, 65 years of age or older (Welfare and Institutions Code § 15610.27 ). Dependent Adult : Any person residing in this state, between t he ages of 18 and 64 years of age , who has physical or mental limitations that restrict his or her ability to car ry out normal activities or to protect his /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. This includes any person between the ages of 18 and 64 years of age who is admitted as an inpatient to a 24 -hour health facility, as defined in state law ( Welfare an d Institutions Code § 15610.23, Health and Safety Code §§ 1250, 1250.2 and 1250.3 ). 326.2 POLICY It is Buena Park Police Department policy to treat reports of elder or dependent adult abuse as high-priority criminal activity that is to b e fully investigated , regardless of the relationship bet ween the victim and the suspect (s). 326.3 MANDATORY NOTIFICATION Any employee who has observed , or has knowledge of , an incident that reasonably appears to be elder o r dependent adult abuse , is told by an elder or dependent adult that he/she has experienced abuse , or who reasonably suspects abuse , shall report to the county adult protective services agency as soon as practica ble as provided in Welfare and Institutions Code § 15630 . For purposes of notification, abuse is physical abuse, abandonment, abduction, isolation, financial abuse , or neglect. Physical abuse includes any assault or sex crime (Welfare and Institutions Code § 15610.63). Financial abuse includes taking personal or real property by undue influence or intent to defraud (Welfare and Institutions Code § 15610.30). CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW 4 05/12/2015 02/16/2023 02/16/2027 BUENA PARK POLICE DEPARTMENT GENERAL ORDERS _______________________ ____________ GO 326 - Elder and Dependent Adult Abuse 2 Notification is also made in cases of abandonment, abduction, isolation , and neglect (Welfare and Institutions Code § 15610.05; Welfare and Institutions C ode § 15610.06; Welfare and Institutions Code § 15610.43; Welfare and Institutions Code § 15610.57). Notification should also be made to the following agencies as soon as practicable or as provided below (Welfare and Institutions Code § 15630): a) If the abuse is physical abuse and occurred in a long -term care facility (not a state mental health hospital or a state developmental center) , notification shall be made as follows (Welfare and In stitutions Code § 15630(b)(1)): 1. If there is serious bodily injury, notification shall be made by telephone and, within two hours, a written report shall be made to the local ombudsman and the corresponding licensing agency. 2. If there is physical abuse and no serious bodily injury, notification shall be made by telephone an d, within 24 hours, a written report shall be made to the local ombudsman and the corresponding licensing age ncy. 3. If the abuse is allegedly caused by a resident with dementia and there is no serious bodily injury, notification shall be made by telephone an d a written report to the l ocal ombudsman within 24 hours. b) If the abuse is in a long -term care facility (not a state mental health or a state developmental center) and is other than physical abuse, a telephone report and a written report shall be made to t he local ombudsman. c) The State Department of Public Health shall be notified of all known or suspected abuse occurring in a long -term facility . d) The Division of Medi -Cal Fraud and Elder Abuse shall be notified of all abuse that constitutes criminal activity in a long -term care facility . e) The District Attorney’s office shall be notified of all cases of physical abuse and financial abuse in a long -term care facility . f) If the abuse

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