Laws and Crimes. POST PSD's Basic Course. LD108 Elder Abuse PPT Student Copy 1. Elder & Dependent Adult Abuse

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1 Elder & Dependent Adult Abuse Laws, Crimes and Indicators Laws and Crimes The following is a list of laws and classifications of crimes related to elder and dependent adult abuse. Elder Abuse PPT Student Copy 1

2 Elder Abuse Laws Penal Code Section 368a The Legislature finds and declares that crimes against elders and dependent adults are deserving of special consideration and protection, not unlike the special protections provided for minor children, because elders and dependent adults may be confused, on various medications, mentally or physically impaired, or incompetent, and therefore less able to protect themselves, to understand or report criminal conduct, or to testify in court proceedings on their own behalf. CA Penal Code 368a Elder & Dependent Abuse Defined Elder any person 65 years of age or older CA Penal Code 368g Dependent Adult any person residing in California between the ages of 18 and 64 who has physical or mental limitations that restrict his/her ability to carry out normal physical activities or to protect his/her rights, including but not limited to those having physical or developmental disabilities or whose physical or mental abilities have become diminished because of age CA Penal Code 368h Elder & Dependent Abuse Defined Caretaker means any person who has the care, custody, or control of, or who stands in a position of trust with, an elder or a dependent adult. CA Penal Code 368i Nothing in this section shall preclude prosecution under both this section and any other provision of law. CA Penal Code 368j Elder Abuse PPT Student Copy 2

3 Elder Abuse Harm, Injury, or Endangerment Penal Code Section 368b Any person who, under circumstances or conditions likely to cause great bodily harm or death, willfully causes or permits to be caused any elder or dependent adult unjustifiable suffering, pain, or injury, or having the care or custody of such person, who damages the health, or causes an elder or dependent adult to be placed in a situation in which his or her person or health is endangered, is guilty of violating this provision. PC 368b may be charged as a felony or misdemeanor Elder Abuse Harm, Injury, or Endangerment Penal Code Section 368c Any person who, under circumstances or conditions other than those likely to cause great bodily harm or death, willfully causes or permits to be caused any elder or dependent adult unjustifiable suffering, pain, or injury, or having the care or custody of such person, who damages the health, or causes an elder or dependent adult to be placed in a situation in which his or her person or health is endangered, is guilty of violating this provision. PC 368c may be charged as a felony or misdemeanor Elder Abuse PPT Student Copy 3

4 Financial (or Fiduciary) Abuse Penal Code Section 368d Any person not a caretaker and knows or reasonably should know the victim is an elder or dependent adult, who violates any provision of law proscribing theft or embezzlement, with respect to the property of an elder or dependent adult, is punishable by law according to the circumstances: PC 368d may be charged as a felony or misdemeanor Financial (or Fiduciary) Abuse Penal Code Section 368e Any caretaker of an elder or dependent adult.who violates any provision of law proscribing theft or embezzlement, with respect to the property is punishable by law according to the circumstances PC 368e may be charged as a felony or misdemeanor ( wobbler ). False imprisonment Penal Code 368f Any person who commits the false imprisonment of an elder or dependent adult by the use of violence, menace, fraud, or deceit is punishable by imprisonment in the state prison for two, three, or four years. Elder Abuse PPT Student Copy 4

5 Indicators of Physical Abuse Physical abuse is defined as the use of physical force that may result in bodily injury, physical pain, or impairment. Indicators of Physical Abuse Signs and symptoms of physical abuse include but are not limited to: bruises, black eyes, welts, lacerations, and rope marks; bone fractures, broken bones, and skull fractures; open wounds, cuts, punctures, untreated injuries in various stages of healing; sprains, dislocations, and internal injuries/bleeding; broken eyeglasses/frames, physical signs of being subjected to punishment, and signs of being restrained Indicators of Physical Abuse Also laboratory findings of medication overdose or under utilization of prescribed drugs; an elder's report of being hit, slapped, kicked, or mistreated; an elder's sudden change in behavior; and the caregiver's refusal to allow visitors to see an elder alone. Elder Abuse PPT Student Copy 5

6 California Elder Abuse Referrals If the person you are concerned about lives in an institutional setting such as a nursing home: If the person you are concerned about lives in the community in his/her own home or apartment No statewide number available. Elder Abuse Referrals Outside of California If the state you want to contact has no number accessible to out-of-state-callers, please contact the ELDERCARE LOCATOR 1 (800) Helps older adults and their caregivers find local services for seniors. Operates Monday-Friday, , Eastern time (or 6am-5pm CA time). Elder and Dependent Adults rely on YOU to listen when no one else will Use your professionalism to assist them. You yourself will be there in the future. Elder Abuse PPT Student Copy 6