LOS ANGELES COUNTY
DEPARTMENT OF MENTAL HEALTH
  Policy 303.03 Reporting Suspected Elder/Dependent Adult Abuse and Neglect
 
Policy Category:  Clinical
Distribution Level:  Directly Operated and Contractors
Responsible Party:  Directly Operated Programs
 
Approved by Curley L. Bonds, MD, Chief Medical Officer
Reviewed and Approved by Clinical Policy Committee on Sep 26, 2024
 
   
I.  PURPOSE
 
To establish Los Angeles County Department of Mental Health (DMH/Department) policy and procedures for reporting suspected cases of elder or dependent adult abuse per Elder Abuse and Dependent Adult Civil Protection Act reporting requirements.

Contracted agencies shall develop an internal policy and associated procedures that are consistent with their organizational practices and meet the requirements set forth in this policy.
 
II.  DEFINITIONS
 
Abuse of an Elder/Dependent Adult: Any conditions described by physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment resulting in financial harm, physical harm, or mental suffering. 
 
Dependent Adult: Any person between the ages of 18 and 64 years who either:
  1. Resides in this state and 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; or
  2. Is admitted as an inpatient to a 24-hour health facility.
Developmental Disability: A disability that originates before an individual attains 18 years of age; continues, or can be expected to continue, indefinitely; and constitutes a substantial disability for that individual. This term shall include intellectual disability, cerebral palsy, epilepsy, and autism. This term shall also include disabling conditions found to be closely related to intellectual disability or to require treatment similar to that required for individuals with an intellectual disability, but shall not include other handicapping conditions that are solely physical in nature. 

Elder: Any person residing in this state, 65 years of age or older. 

Mandated Reporter: Any person who has assumed full or intermittent responsibility for care or custody of an elder or dependent adult, whether or not that person receives 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 or a local law enforcement agency, is a mandated reporter.

Reasonable Suspicion: An objectively rational thought for a person to entertain based on facts that could cause a practical person in a like position, drawing on their training and experience, to suspect abuse or neglect.

Workforce Members: Employees, legal entity practitioners, fee-for-service (FFS) practitioners, locum tenens, interns, volunteers, contract workers, and other persons whose conduct in the performance of work for the Department or its offices, programs, or facilities is under the direct control of the department, office, or program, regardless of whether they are paid by the Department/County.
 
III.  POLICY
 
DMH requires all mandated reporters to fully comply with legal requirements and ethical codes in reporting suspected dependent adult/elder abuse.
 
Prior to commencing employment with DMH, all new staff shall be required to sign a DMH Elder Abuse and Dependent Adult Civil Protection Act Acknowledgement Form stating they have knowledge of reporting requirements and have received a copy of or have attested to this policy.
 
Although DMH workforce members who are not mandated reporters are not required to report cases of suspected elder/dependent adult abuse, they should consult with the Adult Protective Services Duty Line at (888) 202-4248 upon suspecting elder/dependent adult abuse. They shall not be prohibited from filing a report.
 
The responsibility to report supersedes the other State codes including, but not limited to, physician and psychotherapy privileges governing the disclosure and release of psychiatric information.
   
IV.  PROCEDURES
 
V.  AUTHORITIES
 
VI.  ATTACHMENTS
 
Adult Protective Services Web Intake
Report of Suspected Dependent Adult/Elder Abuse (SOC 341)