Title WIC, California Welf. & Inst. Code

For the purposes of this chapter, a child receiving treatment by spiritual means as provided in Section 16508 of the Welfare and Institutions Code shall not for that reason alone be considered an abused or neglected child. (Added by Stats. 1978, Ch. 1334.)

(a) The Legislature recognizes that the department, pursuant to a grant from the federal government, has established a Long-Term Care Ombudsman Program. (b) The Legislature declares that it is the public policy of this state to encourage community contact and involvement with old…

Unless the contrary is stated or clearly appears from the context, the following definitions shall govern the interpretation of this chapter: (a) “Approved organization” means any public agency or other appropriate organization that has been designated by the Office of the State …

The definitions contained in this article shall govern the construction of this chapter, unless the context requires otherwise. (Repealed and added by Stats. 1994, Ch. 594, Sec. 3. Effective January 1, 1995.)

(a) The Legislature finds and declares all of the following: (1) The adult protective services program (program), established by the Legislature as a statewide program in 1998, is a critical component of the state’s safety net for vulnerable adults. (2) The population served by t…

“Abandonment” means the desertion or willful forsaking of an elder or a dependent adult by anyone having care or custody of that person under circumstances in which a reasonable person would continue to provide care and custody. (Added by Stats. 1994, Ch. 594, Sec. 3. Effective J…

“Abduction” means the removal from this state and the restraint from returning to this state, or the restraint from returning to this state, of any elder or dependent adult who does not have the capacity to consent to the removal from this state and the restraint from returning t…

(a) “Abuse of an elder or a dependent adult” means any of the following: (1) Physical abuse, neglect, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering. (2) The deprivation by a care custodian of goods or services that …

“Adult protective services” means those activities performed on behalf of elders and dependent adults who have come to the attention of the adult protective services agency due to potential abuse or neglect. (Amended by Stats. 2021, Ch. 85, Sec. 63. (AB 135) Effective July 16, 20…

“Adult protective services agency” means a county welfare department, except persons who do not work directly with elders or dependent adults as part of their official duties, including members of support staff and maintenance staff. (Added by Stats. 1994, Ch. 594, Sec. 3. Effect…

“Division” means the Division of Medi-Cal Fraud and Elder Abuse within the office of the Attorney General. (Amended by Stats. 2021, Ch. 554, Sec. 13. (SB 823) Effective January 1, 2022.)

“Care custodian” means an administrator or an employee of any of the following public or private facilities or agencies, or persons providing care or services for elders or dependent adults, including members of the support staff and maintenance staff: (a) Twenty-four-hour health…

“Clergy member” means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, synagogue, temple, mosque, or recognized religious denomination or organization. “Clergy member” does not include unpaid volunteers whose principal occupation or vocation …

“Clients’ rights advocate” means the individual or individuals assigned by a regional center or state hospital developmental center to be responsible for clients’ rights assurance for persons with developmental disabilities. (Added by Stats. 1994, Ch. 594, Sec. 3. Effective Janua…

(a) “Dependent adult” means a person, regardless of whether the person lives independently, between the ages of 18 and 64 years who resides in this state and who has physical or mental limitations that restrict his or her ability to carry out normal activities or to protect his o…

“Developmentally disabled person” means a person with a developmental disability specified by or as described in subdivision (a) of Section 4512. (Added by Stats. 1994, Ch. 594, Sec. 3. Effective January 1, 1995.)

“Elder” means any person residing in this state, 65 years of age or older. (Added by Stats. 1994, Ch. 594, Sec. 3. Effective January 1, 1995.)

(a) “Financial abuse” of an elder or dependent adult occurs when a person or entity does any of the following: (1) Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both. (2…

“Goods and services necessary to avoid physical harm or mental suffering” include, but are not limited to, all of the following: (a) The provision of medical care for physical and mental health needs. (b) Assistance in personal hygiene. (c) Adequate clothing. (d) Adequately heate…

“Health practitioner” means a physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, registered nurse, dental hygienist, licensed clinical social worker or associate clinical social worker, marriage and family therapist, licensed p…

“Imminent danger” means a substantial probability that an elder or dependent adult is in imminent or immediate risk of death or serious physical harm, through either his or her own action or inaction, or as a result of the action or inaction of another person. (Added by Stats. 20…

“Investigation” means that activity undertaken to determine the validity of a report of elder or dependent adult abuse. (Added by Stats. 1994, Ch. 594, Sec. 3. Effective January 1, 1995.)

(a) “Isolation” means any of the following: (1) Acts intentionally committed for the purpose of preventing, and that do serve to prevent, an elder or dependent adult from receiving his or her mail or telephone calls. (2) Telling a caller or prospective visitor that an elder or de…

“Local law enforcement agency” means a city police or county sheriff’s department, or a county probation department, except persons who do not work directly with elders or dependent adults as part of their official duties, including members of support staff and maintenance staff.…

“Long-term care facility” means any of the following: (a) Any long-term health care facility, as defined in subdivision (a) of Section 1418 of the Health and Safety Code. (b) Any community care facility, as defined in paragraphs (1) and (2) of subdivision (a) of Section 1502 of t…

“Long-term care ombudsman” means the State Long-Term Care Ombudsman, local ombudsman coordinators, and other persons currently certified as ombudsmen by the Department of Aging as described in Chapter 11 (commencing with Section 9700) of Division 8.5. (Amended by Stats. 2002, Ch.…

“Mental suffering” means fear, agitation, confusion, severe depression, or other forms of serious emotional distress that is brought about by forms of intimidating behavior, threats, harassment, or by deceptive acts performed or false or misleading statements made with malicious …

(a) “Multidisciplinary personnel team” means any team of two or more persons who are trained in the prevention, identification, management, or treatment of abuse of elderly or dependent adults and who are qualified to provide a broad range of services related to abuse of elderly …

(a) “Neglect” means either of the following: (1) The negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise. (2) The negligent failure of an elder or de…

“Patients’ rights advocate” means a person who has no direct or indirect clinical or administrative responsibility for the patient, and who is responsible for ensuring that laws, regulations, and policies on the rights of the patient are observed. (Added by Stats. 1994, Ch. 594, …

“Physical abuse” means any of the following: (a) Assault, as defined in Section 240 of the Penal Code. (b) Battery, as defined in Section 242 of the Penal Code. (c) Assault with a deadly weapon or force likely to produce great bodily injury, as defined in Section 245 of the Penal…

“Reasonable suspicion” means an objectively reasonable suspicion that a person would entertain, based upon facts that could cause a reasonable person in a like position, drawing when appropriate upon his or her training and experience, to suspect abuse. (Added by Stats. 1994, Ch.…

“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, sur…

(a) “Undue influence” means excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will and results in inequity. In determining whether a result was produced by undue influence, all of the following shall be considered: (1) …

As used in this chapter: (a) “Child” means an individual under 18 years of age. (b) “Child services” means services for or on behalf of children, and includes the following: (1) Protective services. (2) Caretaker services. (3) Daycare services, including dropoff care. (4) Homemak…

There is within the department an Office of the State Long-Term Care Ombudsman. (Repealed and added by Stats. 1996, Ch. 1097, Sec. 13. Effective January 1, 1997.)

(a) The Legislature finds and declares as follows: (1) The Office of the State Long-Term Care Ombudsman has an extremely important role in protecting and advocating for the rights and health and safety of long-term care facility residents, and in providing leadership, direction, …

(a) The office shall be under the direction of a chief executive officer who shall be known as the State Long-Term Care Ombudsman. The State Ombudsman shall be appointed by the director and shall report directly to the director. He or she shall devote his or her entire time to th…

(a) The office shall be headed by an individual, to be known as the State Long-Term Care Ombudsman, who shall meet the qualifications established by the federal Older Americans Act (42 U.S.C. Sec. 3001 et seq.) and be selected from among individuals with expertise and experience …

The State Ombudsman shall, personally or through representatives of the office, do all of the following: (a) (1) Identify, investigate, and resolve complaints that are made by, or on behalf of, residents of long-term care facilities that relate to actions, inactions, or decisions…

(a) Upon request of the office, the Attorney General shall represent the office or the department and the state in litigation concerning affairs of the office, unless the Attorney General represents another state agency, in which case the agency or the office shall employ other c…

The office shall solicit and receive funds, gifts, and contributions to support the operations and programs of the office. The office shall not solicit or receive any funds, gifts, or contributions if the solicitation or receipt would jeopardize the independence and objectivity o…

(a) The office may form a foundation eligible to receive tax-deductible contributions to support the operations and programs of the office and the operations of the foundation. The foundation shall not solicit or receive any funds, gifts, or contributions if the solicitation or r…

(a) No representative of the office shall be held liable for good faith performance of responsibilities under this chapter. (b) No discriminatory, disciplinary, or retaliatory action shall be taken against any employee of a facility or agency, any patient, resident, or client of …

(a) The office shall be responsible for activities that promote the development, coordination, and utilization of resources to meet the long-term care needs of older individuals, consistent with its mission. These responsibilities shall include establishing a statewide uniform re…

(a) The Office of the State Long-Term Care Ombudsman shall maintain an Internet Web presence. (b) The Internet Web site shall be easily found and prominent on the department’s homepage. The Legislature finds and declares that resources currently exist for this purpose. (c) The In…