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b. � SEXUAL
e. � ABANDONMENT
g. � ABDUCTION
i. � OTHER _____________________________________________
B. SUSPECTED ABUSER � Check if � Self-Neglect
ABUSE RESULTED IN (� CHECK ALL THAT APPLY)
� NO PHYSICAL INJURY � MINOR MEDICAL CARE � HOSPITALIZATION � CARE PROVIDER REQUIRED
� DEATH � MENTAL SUFFERING � SERIOUS BODILY INJURY* � OTHER (SPECIFY)_________________________________
� UNKNOWN
PLACE OF INCIDENT (� CHECK ONE)
� OWN HOME � COMMUNITY CARE FACILITY � HOSPITAL/ACUTE CARE HOSPITAL
� HOME OF ANOTHER � NURSING FACILITY/SWING BED � OTHER (Specify)
TO BE COMPLETED BY REPORTING PARTY. PLEASE PRINT OR TYPE. SEE GENERAL INSTRUCTIONS.
E. REPORTED TYPES OF ABUSE (� CHECK ALL THAT APPLY)
D. INCIDENT INFORMATION - Address where incident occurred
C. REPORTING PARTY Check appropriate box if reporting party waives confidentiality to: � � All � � All but victim � � All but perpetrator
A. VICTIM � Check box if victim consents to disclosure of information (Ombudsman use only - WIC 15636(a))
� CARE CUSTODIAN (type) _______________ � PARENT � SON/DAUGHTER � OTHER____________________
� HEALTH PRACTITIONER (type) __________ � SPOUSE � OTHER RELATION_____________________________
CONFIDENTIAL REPORT - NOT SUBJECT TO PUBLIC DISCLOSURE
a. � PHYSICAL (e.g. assault/battery, constraint or deprivation, chemical restraint, over/under medication)
d. � NEGLECT (including Deprivation of Goods and Services by a Care Custodian
� ELDERLY (65+) � DEVELOPMENTALLY DISABLED � MENTALLY ILL/DISABLED
� PHYSICALLY DISABLED � UNKNOWN/OTHER
STATE OF CALIFORNIA – HEALTH AND HUMAN SERVICES AGENCY CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
DATE COMPLETED
REPORT OF SUSPECTED DEPENDENT ADULT/ELDER ABUSE
NAME (LAST NAME, FIRST NAME)
ADDRESS (IF FACILITY, INCLUDE NAME AND NOTIFY OMBUDSMAN)
PRESENT LOCATION (IF DIFFERENT FROM ABOVE)
NAME
DATE/TIME OF INCIDENT(S)
RELATION TO VICTIM/HOW ABUSE IS KNOWN STREET CITY ZIP CODE
SIGNATURE AGENCY/NAME OF BUSINESS
TELEPHONE
( )
OCCUPATION
AGE DATE OF BIRTH
SSN GENDER
� M � F ETHNICITY
CITY ZIP CODE
ZIP CODECITY
LANGUAGE (� CHECK ONE)
� NON-VERBAL � ENGLISH � OTHER (SPECIFY)
TELEPHONE
( ) TELEPHONE
( )
a. � PHYSICAL CARE (e.g. personal hygiene, food, clothing, shelter)
b. � MEDICAL CARE (e.g. physical and mental health needs)
c. � HEALTH and SAFETY HAZARDS (e.g. risk of suicide, unsafe environment)
2. SELF-NEGLECT (WIC 15610.57(b)(5))
ZIP CODEADDRESS TELEPHONE
( )
AGE D.O.B. HEIGHT WEIGHT EYES HAIR
NAME OF SUSPECTED ABUSER
1. PERPETRATED BY OTHERS (WIC 15610.07 & 15610.63)
� LIVES ALONE
� LIVES WITH OTHERS
CITY
GENDER
� M � F ETHNICITY
SOC 341 (3/15)
d. � MALNUTRITION/DEHYDRATION
e. � FINANCIAL SELF-NEGLECT (e.g. inability to manage one’s own personal finances)
f. � OTHER ________________________________________
PAGE 1 OF 2
c. � FINANCIAL
f. � ISOLATION
h. � PSYCHOLOGICAL/MENTAL
E-MAIL ADDRESS
G. OTHER PERSON BELIEVED TO HAVE KNOWLEDGE OF ABUSE (family, significant others, neighbors, medical providers, agencies involved, etc.)
TELEPHONE
( )
NAME
ADDRESS
RELATIONSHIP
3. Cross-Reported to � CDPH-Licensing & Cert.; � CDSS-CCL; � Local Ombudsman; � Bureau of Medi-Cal Fraud & Elder Abuse;
� Calif. Dept. of State Hospitals; � Law Enforcement; � Professional Licensing Board;
� Calif. Dept. of Developmental Services; � APS;
� Other (Specify) Date of Cross-Report
4. APS/Ombudsman/Law Enforcement Case File Number
1. Report Received by
K. RECEIVING AGENCY USE ONLY � Telephone Report � Written Report
J. WRITTEN REPORT Enter information about the agencies receiving this report. If the abuse occurred in a LTC facility and resulted in Serious Bodily Injury*, please refer to “Reporting Responsibilities and Time Frames” in the General Instructions. Do not submit report to California Department of Social Services Adult Programs Division.
� APS � Law Enforcement � Local Ombudsman � Calif. Dept. of State Hospitals � Calif. Dept. of Developmental Services
I. TELEPHONE REPORT MADE TO
H. FAMILY MEMBER OR OTHER PERSON RESPONSIBLE FOR VICTIM’S CARE (If unknown, list contact person)
2. Assigned � Immediate Response � Ten-Day Response � No Initial Response (NIR)
� Not APS � Not Ombudsman � No Ten-Day (NTD) Approved by Assigned to (optional)
F. REPORTER’S OBSERVATIONS, BELIEFS, AND STATEMENTS BY VICTIM IF AVAILABLE. DOES ALLEGED PERPETRATOR STILL HAVE ACCESS TO THE VICTIM? DOES THE ALLEGATION INVOLVE A SERIOUS BODILY INJURY (see definition in section “Reporting Responsibilities and Time Frames” within the General Instructions)? PROVIDE ANY KNOWN TIME FRAME (2 days, 1 week, ongoing, etc.). LIST ANY POTENTIAL DANGER FOR INVESTIGATOR (animals, weapons, communicable diseases, etc.).
� � CHECK IF MEDICAL, FINANCIAL (ACCOUNT INFORMATION, ETC.), PHOTOGRAPHS, OR OTHER SUPPLEMENTAL INFORMATION IS ATTACHED.
NAME OF OFFICIAL CONTACTED BY PHONE
AGENCY NAME ADDRESS OR FAX
� Date Mailed � Date Faxed
TELEPHONE
( )
DATE/TIME
Date/Time
SOC 341 (3/15)
NAME
ADDRESS ZIP CODECITY
RELATIONSHIP
TELEPHONE
( )
IF CONTACT PERSON ONLY � CHECK �
AGENCY NAME ADDRESS OR FAX
� Date Mailed � Date Faxed
AGENCY NAME ADDRESS OR FAX
� Date Mailed � Date Faxed
PAGE 2 OF 2
REPORT OF SUSPECTED DEPENDENT ADULT/ELDER ABUSE GENERAL INSTRUCTIONS
PURPOSE OF FORM This form, as adopted by the California Department of Social Services (CDSS), is required under Welfare and Institutions Code (WIC) Sections 15630 and 15658(a)(1). This form documents the information given by the reporting party on the suspected incident of abuse or neglect of an elder or dependent adult. Abuse means any treatment with resulting physical harm, 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 means the negligent failure of an elder or dependent adult or of any person having the care or custody of an elder or a dependent adult to exercise that degree of self-care or care that a reasonable person in a like position would exercise. Elder means any person residing in this state who is 65 years of age or older (WIC Section 15610.27). Dependent Adult means any person residing in this state, between the ages of 18 and 64, who has physical or mental limitations that restrict his or her ability to carry out normal activities or to protect his or her rights including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age (WIC Section 15610.23). Dependent adult includes any person between the ages of 18 and 64 who is admitted as an inpatient to a 24-hour health facility (defined in the Health and Safety Code Sections 1250, 1250.2, and 1250.3).
COMPLETION OF THE FORM 1. This form may be used by the receiving agency to record information through a telephone report of suspected dependent adult/elder
abuse. 2. If any item of information is unknown, enter "unknown.” 3. Item A: Check box to indicate if the victim waives confidentiality. 4. Item C: Check box if the reporting party waives confidentiality. Please note that mandated reporters are required to disclose their
names, however, non-mandated reporters may report anonymously.
REPORTING RESPONSIBILITIES AND TIME FRAMES: Any mandated reporter, who in his or her professional capacity, or within the scope of his or her employment, has observed or has knowledge of an incident that reasonably appears to be abuse or neglect, or is told by an elder or dependent adult that he or she has experienced behavior constituting abuse or neglect, or reasonably suspects that abuse or neglect has occurred, shall complete this form for each report of known or suspected instance of abuse (physical abuse, sexual abuse, financial abuse, abduction, neglect (self-neglect), isolation, and abandonment) involving an elder or dependent adult.
*Serious bodily injury means an injury involving extreme physical pain, substantial risk of death, or protracted loss or impairment of function of a bodily member, organ or of mental faculty, or requiring medical intervention, including, but not limited to, hospitalization, surgery, or physical rehabilitation (WIC Section 15610.67).
Reporting shall be completed as follows: • If the abuse occurred in a Long-Term Care (LTC) facility (as defined in WIC Section 15610.47) and resulted in serious bodily injury,
report by telephone to the local law enforcement agency immediately and no later than two (2) hours after observing, obtaining knowledge of, or suspecting physical abuse. Send the written report to the local law enforcement agency, the local Long-Term Care Ombudsman Program (LTCOP), and the appropriate licensing agency (for long-term health care facilities, the California Department of Public Health; for community care facilities, the California Department of Social Services) within two (2) hours of observing, obtaining knowledge of, or suspecting physical abuse.
• If the abuse occurred in a LTC facility, was physical abuse, but did not result in serious bodily injury, report by telephone to the local law enforcement agency within 24 hours of observing, obtaining knowledge of, or suspecting physical abuse. Send the written report to the local law enforcement agency, the local LTCOP, and the appropriate licensing agency (for long-term health care facilities, the California Department of Public Health; for community care facilities, the California Department of Social Services) within 24 hours of observing, obtaining knowledge of, or suspecting physical abuse.
• If the abuse occurred in a LTC facility, was physical abuse, did not result in serious bodily injury, and was perpetrated by a resident with a physician's diagnosis of dementia, report by telephone to the local law enforcement agency or the local LTCOP, immediately or as soon as practicably possible. Follow by sending the written report to the LTCOP or the local law enforcement agency within 24 hours of observing, obtaining knowledge of, or suspecting physical abuse.
• If the abuse occurred in a LTC facility, was abuse other than physical abuse, report by telephone to the LTCOP or the law enforcement agency immediately or as soon as practicably possible. Follow by sending the written report to the local law enforcement agency or the LTCOP within two working days.
STATE OF CALIFORNIA - HEALTH AND HUMAN SERVICES AGENCY CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
SOC 341 (3/15) GENERAL INSTRUCTIONS INSTRUCTIONS - PAGE 1 OF 3
SOC 341 (3/15) GENERAL INSTRUCTIONS INSTRUCTIONS - PAGE 2 OF 3
• If the abuse occurred in a state mental hospital or a state developmental center, mandated reporters shall report by telephone or through a confidential Internet reporting tool (established in WIC Section 15658) immediately or as soon as practicably possible and submit the report within two (2) working days of making the telephone report to the responsible agency as identified below:
• If the abuse occurred in a State Mental Hospital, report to the local law enforcement agency or the California Department of State Hospitals.
• If the abuse occurred in a State Developmental Center, report to the local law enforcement agency or to the California Department of Developmental Services.
• For all other abuse, mandated reporters shall report by telephone or through a confidential Internet reporting tool to the adult protective services agency or the local law enforcement agency immediately or as soon as practicably possible. If reported by telephone, a written or an Internet report shall be sent to adult protective services or law enforcement within two working days.
REPORTING PARTY DEFINITIONS Mandated Reporter (WIC Section 15630 (a)) 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.
Care Custodian (WIC Section 15610.17) means an administrator or an employee of any of the following public or private facilities or agencies, or persons providing are or services for elders or dependent adults, including members of the support staff and maintenance staff: (a) Twenty-four hour health facilities, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code; (b) Clinics; (c) Home health agencies; (d) Agencies providing publicly funded in-home supportive services, nutrition services, or other home and community-based support services; (e) Adult day health care centers and adult day care; (f) Secondary schools that serve 18- to 22- year-old dependent adults and postsecondary educational institutions that serve dependent adults or elders; (g) Independent living centers; (h) Camps; (i) Alzheimer's Disease Day Care Resource Centers; (j) Community care facilities, as defined in Section 1502 of the Health and Safety Code, and residential care facilities for the elderly, as defined in Section 1569.2 of the Health and Safety Code; (k) Respite care facilities; (l) Foster homes; (m) Vocational rehabilitation facilities and work activity centers; (n) Designated area agencies on aging; (o) Regional centers for persons with developmental disabilities; (p) State Department of Social Services and State Department of Health Services licensing divisions; (q) County welfare departments; (r) Offices of patients' rights advocates and clients' rights advocates, including attorneys; (s) The Office of the State Long-Term Care Ombudsman; (t) Offices of public conservators, public guardians, and court investigators; (u) Any protection or advocacy agency or entity that is designated by the Governor to fulfill the requirements and assurances of the following: (1) The federal Developmental Disabilities Assistance and Bill of Rights Act of 2000, contained in Chapter 144 (commencing with Section 15001) of Title 42 of the United States Code, for protection and advocacy of the rights of persons with developmental disabilities; or (2) The Protection and Advocacy for the Mentally Ill Individuals Act of 1986, as amended, contained in Chapter 114 (commencing with Section 10801) of Title 42 of the United States Code, for the protection and advocacy of the rights of persons with mental illness; (v) Humane societies and animal control agencies; (w) Fire departments; (x) Offices of environmental health and building code enforcement; or (y) Any other protective, public, sectarian, mental health, or private assistance or advocacy agency or person providing health services or social services to elders or dependent adults.
Health Practitioner (WIC Section 15610.37) means a physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, licensed clinical social worker or associate clinical social worker, marriage, family, and child counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code, any emergency medical technician I or II, paramedic, or person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code, a psychological assistant registered pursuant to Section 2913 of the Business and Professions Code, a marriage, family, and child counselor trainee, as defined in subdivision (c) of Section 4980.03 of the Business and Professions Code, or an unlicensed marriage, family, and child counselor intern registered under Section 4980.44 of the Business and Professions Code, state or county public health or social service employee who treats an elder or a dependent adult for any condition, or a coroner.
Any officer and/or employee of a financial institution is a mandated reporter of suspected financial abuse and shall report suspected financial abuse of an elder or dependent adult on form SOC 342, “Report of Suspected Dependent Adult/Elder Financial Abuse”.
MULTIPLE REPORTERS When two or more mandated reporters are jointly knowledgeable of a suspected instance of abuse of a dependent adult or elder, and when there is agreement among them, the telephone report may be made by one member of the group. Also, a single written report may be completed by that member of the group. Any person of that group, who believes the report was not submitted, shall submit the report.
IDENTITY OF THE REPORTER The identity of all persons who report under WIC Chapter 11 shall be confidential and disclosed only among APS agencies, local law enforcement agencies, LTCOPs, California State Attorney General Bureau of Medi-Cal Fraud and Elder Abuse, licensing agencies or their counsel, Department of Consumer Affairs Investigators (who investigate elder and dependent adult abuse), the county District Attorney, the Probate Court, and the Public Guardian. Confidentiality may be waived by the reporter or by court order.
FAILURE TO REPORT Failure to report by mandated reporters (as defined under “Reporting Party Definitions”) any suspected incidents of physical abuse (including sexual abuse), abandonment, isolation, financial abuse, abduction, or neglect (including self-neglect) of an elder or a dependent adult is a misdemeanor, punishable by not more than six months in the county jail, or by a fine of not more than $1,000, or by both imprisonment and fine. Any mandated reporter who willfully fails to report abuse of an elder or a dependent adult, where the abuse results in death or great bodily injury, may be punished by up to one year in the county jail, or by a fine of up to $5,000, or by both imprisonment and fine (WIC Section 15630(h)).
Officers or employees of financial institutions are mandated reporters of financial abuse (effective January 1, 2007). These mandated re- porters who fail to report financial abuse of an elder or dependent adult are subject to a civil penalty not exceeding $1,000. Individuals who willfully fail to report financial abuse of an elder or dependent adult are subject to a civil penalty not exceeding $5,000. These civil penalties shall be paid by the financial institution, which is the employer of the mandated reporter, to the party bringing the action.
EXCEPTIONS TO REPORTING Per WIC Section 15630(b)(3)(A), a mandated reporter who is a physician and surgeon, a registered nurse, or a psychotherapist, as defined in Section 1010 of the Evidence Code, shall not be required to report a suspected incident of abuse where all of the following conditions exist:
(1) The mandated reporter has been told by an elder or a dependent adult that he or she has experienced behavior constituting physical abuse (including sexual abuse), abandonment, isolation, financial abuse, abduction, or neglect (including self-neglect).
(2) The mandated reporter is not aware of any independent evidence that corroborates the statement that the abuse has occurred. (3) The elder or the dependent adult has been diagnosed with a mental illness or dementia, or is the subject of a court-ordered conservatorship because of a mental illness or dementia. (4) In the exercise of clinical judgment, the physician and surgeon, the registered nurse, or the psychotherapist, as defined in
Section 1010 of the Evidence Code, reasonably believes that the abuse did not occur.
DISTRIBUTION OF SOC 341 COPIES Mandated reporter: After making the telephone report to the appropriate agency or agencies, the reporter shall send the written report to the designated agencies (as defined under “Reporting Responsibilities and Time Frames”); and keep one copy for the reporter’s file.
Receiving agency: Place the original copy in the case file. Send a copy to a cross-reporting agency, if applicable. DO NOT SEND A COPY TO THE CALIFORNIA DEPARTMENT OF SOCIAL SERVICES ADULT PROGRAMS DIVISION.
SOC 341 (3/15) GENERAL INSTRUCTIONS INSTRUCTIONS - PAGE 3 OF 3
- DATE COMPLETED 1:
- NAME LAST NAME FIRST NAME 3:
- AGE 4:
- DATE OF BIRTH 5:
- SSN 6:
- Check Box2: Off
- Check Box7: Off
- Check Box8: Off
- Ethnicity 9:
- Check Box11: Off
- Check Box10: Off
- Area Code 14:
- TELEPHONE 15:
- TELEPHONE_18:
- Area Code 17:
- Check Box12: Off
- Check Box20: Off
- Check Box21: Off
- Check Box22: Off
- Check Box23: Off
- Check Box19: Off
- Check Box25: Off
- Check Box26: Off
- Suspected Abuser 27:
- ADDRESS28:
- CITY29:
- ZIP CODE30:
- area code 31:
- TELEPHONE_32:
- Check Box33: Off
- CARE CUSTODIAN type 34:
- Check Box24: Off
- Check Box35: Off
- OTHER 38:
- Check Box39: Off
- HEALTH PRACTITIONER type 40:
- Check Box36: Off
- Check Box42: Off
- OTHER RELATION 43:
- Check Box41: Off
- Check Box45: Off
- ETHNICITY 46:
- Text47:
- Height 49:
- WEIGHT 50:
- DOB48:
- eyes 51:
- HAIR 52:
- Check Box37: Off
- Check Box53: Off
- Check Box54: Off
- Name 56:
- Occupation 57:
- Name of Business 58:
- area code 60:
- TELEPHONE_61:
- email 62:
- DATETIME OF INCIDENTS 63:
- Check Box55: Off
- Check Box64: Off
- Check Box44: Off
- Check Box65: Off
- Check Box66: Off
- Check Box68: Off
- Check Box67: Off
- i OTHER 70:
- Check Box69: Off
- Check Box71: Off
- Check Box73: Off
- Check Box74: Off
- Check Box72: Off
- Check Box75: Off
- Check Box77: Off
- Check Box78: Off
- Check Box79: Off
- i OTHER 80:
- Check Box81: Off
- Check Box82: Off
- Check Box83: Off
- Check Box84: Off
- Check Box85: Off
- Check Box86: Off
- OTHER_87:
- Check Box88: Off
- Check Box89: Off
- Check Box90: Off
- Check Box76: Off
- Check Box91: Off
- Check Box92: Off
- Check Box94: Off
- Check Box95: Off
- OTHER SPECIFY 96:
- Check Box93: Off
- Check Box97: Off
- fill_99:
- fill 100:
- fill 101:
- NAME 102:
- RELATIONSHIP 103:
- ADDRESS_104:
- area code 105:
- TELEPHONE_106:
- Check Box98: Off
- name 108:
- RELATIONSHIP_109:
- ADDRESS_110:
- city 111:
- ZIP CODE_112:
- TELEPHONE_114:
- Check Box107: Off
- TELEPHONE_113:
- NAME OF OFFICIAL CONTACTED BY PHONE115:
- TELEPHONE_116:
- TELEPHONE_117:
- DATETIME 118:
- AGENCY NAME119:
- ADDRESS OR FAX120:
- Date Mailed122:
- Check Box121: Off
- Date Faxed124:
- AGENCY NAME_125:
- ADDRESS OR FAX_126:
- Check Box123: Off
- Date Mailed_128:
- Check Box127: Off
- Date Faxed_130:
- AGENCY NAME_131:
- ADDRESS OR FAX_132:
- Check Box133: Off
- Date Mailed_134:
- Check Box129: Off
- Date Faxed_136:
- Check Box135: Off
- Check Box138: Off
- 1 Report Received by 140:
- DateTime 141:
- Check Box139: Off
- Check Box143: Off
- Check Box145: Off
- Check Box146: Off
- Check Box142: Off
- approved by 148:
- assigned to 149:
- Check Box147: Off
- Check Box151: Off
- Check Box152: Off
- Check Box153: Off
- Check Box154: Off
- Check Box155: Off
- Check Box156: Off
- Check Box157: Off
- Check Box158: Off
- Check Box150: Off
- Check Box159: Off
- specify 160:
- date 161:
- 162:
- Check Box114B: Off
- Check Box114C: Off
- Check Box114D: Off
- Check Box114E: Off
- Check Box114F: Off
- Check Box144: Off
- CITY 13B:
- ZIP 13C:
- ADDRESS 13:
- Address 16:
- City 16B:
- Zip 16C:
- RELATION 59:
- Address 59B:
- City 59C:
- Zip 59D: