Policy Text
Policy
326Mountain View Police Department
Mountain View PD Policy Manual
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentAdult Abuse - 1Adult Abuse
326.1 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 Mountain View Police Department members as required by law. This
policy complements the Santa Clara County Law Enforcement Elder and Dependent Adult Abuse
Protocol and provides additional guidance for these type of investigations.
326.1.1 DEFINITIONS
Definitions related to this policy include:
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).
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 § 15610.07; Penal Code § 368.5).
326.2 POLICY
The Mountain View Police Department will investigate all reported incidents of alleged adult abuse
and ensure proper reporting and notification as required by law.
326.3 INVESTIGATIONS AND REPORTING
All reported or suspected cases of adult abuse require investigation and a report, even if the
allegations appear unfounded or unsubstantiated.
Investigations and reports related to suspected cases of adult abuse should address, as
applicable:
(a)The overall basis for the contact. This should be done by the investigating officer in all
circumstances where a suspected adult abuse victim is contacted.
(b)Any relevant statements the victim may have made and to whom he/she made the
statements.
(c)If a person is taken into protective custody, the reasons, the name and title of the
person making the decision, and why other alternatives were not appropriate.
(d)Documentation of any visible injuries or any injuries identified by the victim. This should
include photographs of such injuries, if practicable.
(e)Whether the victim was transported for medical treatment or a medical examination.
Mountain View Police Department
Mountain View PD Policy Manual
Adult Abuse
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentAdult Abuse - 2(f)Whether the victim identified a household member as the alleged perpetrator, and a
list of the names of any other potential victims or witnesses who may reside in the
residence.
(g)Identification of any prior related reports or allegations of abuse, including other
jurisdictions, as reasonably known.
(h)Previous addresses of the victim and suspect.
(i)Other potential witnesses who have not yet been interviewed, such as relatives or
others close to the victim’s environment.
(j)Results of investigations shall be provided to those agencies (Adult Protective
Services (APS), long-term ombudsman) that referred or reported the adult abuse
(Welfare and Institutions Code § 15640(f)).
(k)Whether a death involved the End of Life Option Act:
1.Whether or not assistance was provided to the person beyond that allowed by
law (Health and Safety Code § 443.14)
2.Whether an individual knowingly altered or forged a request for an aid-in-
dying drug to end a person’s life without his/her authorization, or concealed or
destroyed a withdrawal or rescission of a request for an aid-in-dying drug (Health
and Safety Code § 443.17)
3.Whether coercion or undue influence was exerted on the person to request or
ingest an aid-in-dying drug or to destroy a withdrawal or rescission of a request
for such medication (Health and Safety Code § 443.17)
4.Whether an aid-in-dying drug was administered to a person without his/her
knowledge or consent (Health and Safety Code § 443.17).
Any unexplained death of an adult who was in the care of a guardian or caretaker should be
considered as potential adult abuse and investigated similarly.
326.4 QUALIFIED INVESTIGATORS
Qualified investigators should be available to investigate cases of adult abuse. These investigators
should:
(a)Conduct interviews in appropriate interview facilities.
(b)Be familiar with forensic interview techniques specific to adult abuse investigations.
(c)Present all cases of alleged adult abuse to the prosecutor for review.
(d)Coordinate with other enforcement agencies, social service agencies and facility
administrators as needed.
(e)Provide referrals to therapy services, victim advocates, guardians and support for the
victim and family as appropriate.
(f)Participate in or coordinate with multidisciplinary investigative teams as applicable
(Welfare and Institutions Code § 15610.55).
Mountain View Police Department
Mountain View PD Policy Manual
Adult Abuse
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentAdult Abuse - 3326.5 MANDATORY NOTIFICATION
Members of the Mountain View Police Department shall notify the local office of the California
Department of Social Services (CDSS) APS agency when they reasonably suspect, have
observed, or have knowledge of an incident that reasonably appears to be abuse of an elder
(age 65 or older) or dependent adult, or are told by an elder