Policy Text
COUNTY
OF
VENTURA
EST. 1873
CALIFORNIA
Ventura County
Elder and Dependent Adult
Law Enforcement
Protocol
May 2023
This protocol provides recommended best practices for the
investigation of elder and dependent adult abuse cases. It is
intended to provide for a coordinated, inter-agency response
to the investigation of elder and dependent adult abuse. It is
meant to complement, not supersede, agency policies
particularly those mandated by law. (For instance, Penal
Code section 368.5 relating to law enforcement policies on
elder abuse.) As always, officer safety and department
policies remain a priority for peace officers.
Table of Contents
Protocol Policy Statement...
Important Definitions..
Dispatcher Response
Patrol Response...
Investigation Response
Prosecution Response
Adult Protective Services Response.
Reporting Requirements..
Concluding Commitment
Addendum A - Penal Code Sections & Enhancements.
Addendum B - Financial Records Release
Addendum C - Community Partners
Addendum D - Resources Available
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PROTOCOL POLICY STATEMENT
According to statistics from the Ventura County Area Agency on Aging, adults over 60 comprised
approximately 23 percent of the county's total population (over 196,588 adults) as of 2019. Adult
Protective Services (APS) investigated over 20,000 reports of abuse and neglect from 2015-2021.
Of those abuse reports, approximately 10,000 (50%) were inconclusive and may have required
further investigation from law enforcement to determine whether a crime was committed, while over
5,000 (26%) were confirmed and cross-reported to law enforcement and the District Attorney's
Office to request further investigation into potential criminal abuse or neglect allegations. There has
been a 46 percent increase in new abuse and neglect cases received by APS and referred for
investigation from 2015-2021. Ventura County law enforcement partners can prepare for this growth
by learning the best service modalities to address the abuse and neglect of the older and dependent
adults in our community.
A countywide protocol to investigate elder and dependent adult abuse will establish coordination,
communication, and reporting methods between law enforcement and APS. This in turn will provide
law enforcement jurisdictions with needed information sooner in potential criminal abuse cases,
including outcomes of APS investigations, which will help facilitate criminal investigations and
increase prosecution of elder or dependent adult abuse cases.
IMPORTANT DEFINITIONS
Elder: Under the Penal Code, any person 65 years or older. (Penal Code section 368(g).) In non-
criminal contexts, an elder is any person 60 years or older. (Welfare and Institutions Code 15750.2.)
Dependent Adult: Under the Penal Code, any person between the ages of 18 and 64 who has
physical or mental limitations that restrict the individual's ability to carry out normal activities or to
protect his or her rights. (Penal Code section 368(h).) In non-criminal contexts, any person between
the ages of 18 and 59 who has these limitations. (Welfare and Institutions Code section 15750.1(a).)
Caretaker: any person who has the care, custody, or control of, or who stands in a position of trust
with, an elder or dependent adult, whether paid or not. (Penal Code section 368(i)).
DISPATCHER RESPONSE
Dispatchers are an integral part of the community response to elder and dependent adult abuse
because they are a first point of contact regarding the abuse. Dispatchers should continue their
education about signs of abuse and receive ongoing training on Alzheimer's and other related
dementias.
PATROL RESPONSE
Responding peace officers play a crucial role in creating successful outcomes for elder and
dependent adult victims. All cases of alleged or suspected abuse should be documented in an initial
crime report and cross-reported to APS.
There are many different types of elder and dependent adult abuse. In all cases, patrol officers and
deputies in Ventura County will strive to do the following whenever feasible:
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Treat elders and dependent adults with dignity and respect.
Recognize that elder or dependent adults may have difficulty narrating events, appear to be
poor historians, or lack short-term memory, which adds to their vulnerability. It is important to
be aware that cognitive impairment may affect an elder or dependent adult's ability to be an
effective witness and impact their ability to consent to decisions. Additionally, cognitive
impairment may manifest itself through more detailed orientation questions and questions
regarding the reported abuse.
Recognize that victims and witnesses with disabilities, including cognitive and
communication disabilities, can be highly credible witnesses when interviewed appropriately
by trained officers or other trained persons.
Request Emergency Protective Orders (EPOS) when legally appropriate to best protect
elder and dependent adult victims. (Family Code section 6250.)
Document the scene with written descriptions in reports, as well as with photographs and/or video.
Interviews with victims and witnesses are to be recorded, preferably including video.
Interview victims and caregivers separately. In some situations, the caregiver may be the
abuser and the elder or dependent adult may be afraid to disclose the abuse.
Collect all video evidence (including surveillance video, cellphone video, etc.)
Cross-report to APS as soon as possible by submitting an online report at
https://www.reporttoaps.org. Using the portal satisfies the requirements of both calling and
submitting the written report to APS. If the cross-report is submitted by phone, call (805)
654-3200 or (800) 754-7600, and submit a