Policy Text
Policy
313Garden Grove Police Department
Policy Manual
Copyright Lexipol, LLC 2024/02/26, All Rights Reserved.
Published with permission by Garden Grove Police
DepartmentSenior and Disability Victimization - 1Senior and Disability Victimization
313.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the investigation and reporting of suspected
abuse of certain adults who may be more vulnerable than others. This policy also addresses
mandatory notification for Garden Grove Police Department members as required by law (Penal
Code § 368.6).
The Garden Grove Police Department is committed to providing equal protection and
demonstrating respect for all persons regardless of age or disabilities, and to conscientiously
enforcing all criminal laws protecting elders, and adults and children with disabilities, regardless
of whether these crimes also carry civil penalties (Penal Code § 368.6) (see Child Abuse Policy
for child abuse investigations and reporting).
313.1.1 DEFINITIONS
Definitions related to this policy include:
Abuse of an elder (age 65 or older) or dependent adult - Physical abuse, neglect, financial
abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain
or mental suffering; or the deprivation by a care custodian of goods or services that are necessary
to avoid physical harm or mental suffering. Neglect includes self-neglect (Welfare and Institutions
Code § 15610.05 et seq.; Penal Code § 368.5).
Department protocols (or protocols) - A procedure adopted by a local law enforcement agency
consistent with the agency's organizational structure and stated in a policy adopted pursuant to
this section, to effectively and accountably carry out a particular agency responsibility.
Dependent adult - An individual, regardless of whether the individual lives independently,
between 18 and 64 years of age who has physical or mental limitations that restrict his/her ability
to carry 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 also includes those admitted as inpatients to a 24-hour health facility, as
defined in state law (Penal Code § 368; Welfare and Institutions Code § 15610.23).
Elder and dependent adult abuse - Any offense or attempted offense involving violence or
neglect of an adult victim when committed by a person responsible for the adult's care, or any other
act that would mandate reporting or notification to a social service agency or law enforcement
(Penal Code § 368).
Mandated Reporter - Any person who has assumed full or intermittent responsibility for the care
or custody of an elder or dependent adult, whether or not they receive compensation, including
administrators, supervisors, and any licensed staff of a public or private facility that provides care
or services for elder or dependent adults, or any elder or dependent adult care custodian, health
practitioner, clergy member, or employee of a county adult protective services agency, county in-
Garden Grove Police Department
Policy Manual
Senior and Disability Victimization
Copyright Lexipol, LLC 2024/02/26, All Rights Reserved.
Published with permission by Garden Grove Police
DepartmentSenior and Disability Victimization - 2home support services agency, county public authority, or a local law enforcement agency, is a
mandated reporter.
Senior and disability victimization - Means any of the following (Penal Code § 368.6):
(a)Elder and dependent adult abuse
(b)Unlawful interference with a mandated report
(c)Homicide of an elder, dependent adult, or other adult or child with a disability
(d)Sex crimes against elders, dependent adults, or other adults and children with
disabilities
(e)Child abuse of children with disabilities
(f)Violation of relevant protective orders
(g)Hate crimes against persons with actual or perceived disabilities, including but not
limited to disabilities caused by advanced age, or those associated with them
(h)Domestic violence against elders, dependent adults, and adults and children with
disabilities, including disabilities caused by advanced age
313.2 POLICY
The Garden Grove Police Department will investigate all reported incidents of alleged elder and
dependent adult abuse and ensure proper reporting and notification as required by law.
313.2.1 ARREST POLICY
It is the department policy to make arrests or to seek arrest warrants for elder and dependent adult
abuse in accordance with Penal Code § 836 and, in the case of domestic violence, as allowed
by Penal Code § 13701 (Penal Code § 368.6) (see Law Enforcement Authority and Domestic
Violence policies for additional guidance).
313.2.2 ADHERENCE TO POLICY
All officers are required to be familiar with the policy and carry out the policy at all times, except
in the case of an unusual compelling circumstance as determined and approved by a supervisor
(Penal Code § 368.6).
Any supervisor who determines and approves an officer’s deviation from this policy shall provide
a written report to the Chief of Police that states the unusual compelling circumstances regarding
the deviation. A copy of this report will be made available to the alleged victim and reporting party
pursuant to department protocols (Penal Code § 368.6(c)(27)).
The Chief of Police shall retain the report for a minimum of five years and shall make it available
to the state protection and advocacy agency upon request (Penal Code § 368.6(c)(27)).
313.3 INVESTIGATIONS AND REPORTING
All reported or suspected cases of elder and dependent adult abuse require investigation and a
report, even if the allegations appear unf