Policy Text
Policy
311San Luis Obispo Police Department
San Luis Obispo PD CA Policy Manual
Copyright Lexipol, LLC 2025/05/29, All Rights Reserved.
Published with permission by San Luis Obispo Police
DepartmentSenior and Disability Victimization - 1Senior and Disability Victimization
311.1 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 San Luis Obispo Police Department members as required by law (Penal
Code § 368.6).
The San Luis Obispo 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).
311.1.1 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 their ability
to carry out normal activities or to protect their 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).
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
San Luis Obispo Police Department
San Luis Obispo PD CA Policy Manual
Senior and Disability Victimization
Copyright Lexipol, LLC 2025/05/29, All Rights Reserved.
Published with permission by San Luis Obispo Police
DepartmentSenior and Disability Victimization - 2(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
311.2 MANDATORY NOTIFICATION
Any member who has observed or has knowledge of an incident that reasonably appears to be
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 practicable 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). Notification is also made in cases
of abandonment, abduction, isolation and neglect (Welfare and Institutions Code § 15610.05;
Welfare and Institutions Code § 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 Institutions 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 and, within 24 hours, a written report shall be made to the local
ombudsman and the corresponding licensing agency.
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 and a written report