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  • APS Types of Abuse

Types of Abuse

Mandated reporters must report the following types of elder/dependent adult abuse:

Abandonment is the desertion or willful forsaking of an elder/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 (WIC 15610.05).

Abduction is the removal of an elder/dependent adult from California and the restraint from returning to California, or the restraint from returning to California when the elder/dependent adult does not have the capacity to consent to the removal/restraint or, when an elder/dependent adult is conserved and his/her conservator or the court has not consented to the removal/restraint (WIC 15610.06).

Financial abuse is taking, hiding, or using the property of an elder/dependent adult wrongfully or with intent to defraud or both; assist in the taking, hiding, or using the property of an elder/dependent adult wrongfully or with intent to defraud or both; taking, hiding, or using the property of an elder/dependent adult by undue influence. (WIC 15610.30[a]).
Undue influence is excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will and results in inequity (WIC 15610.70[a]).

Isolation is deliberately preventing an elder/dependent adult from receiving his/her mail or phone calls; falsely telling a caller or visitor that an elder/dependent adult is not present or does not want to talk to him/her for the purpose of preventing the elder/dependent adult from having contact with family members, friends, or other concerned individuals; false imprisonment of the elder/dependent adult; and physical restraint of an elder/dependent adult for the purpose of preventing him/her from meeting with visitors.
Note: These acts may not constitute isolation if they are performed in accord with the instructions of a licensed physician or in response to a threat of danger to a person’s physical safety or property (WIC 15610.43).

Neglect is the negligent failure of any person having the care or custody of an elder/dependent adult to exercise the degree of care that a reasonable person in a similar position would provide.

Note: The definition of ‘neglect’ also includes self-neglect, which is the negligent failure of an elder/dependent adult to exercise the degree of self-care that a reasonable person in a like position would exercise (WIC 15610.57[a]).

Physical Abuse is assault, battery, assault with a deadly weapon or force likely to produce great bodily injury, unreasonable physical constraint, prolonged or continual deprivation of food or water, sexual assault (which includes rape, rape in concert, spousal rape, incest, sodomy, oral copulation, sexual penetration, and lewd or lascivious acts), and use of a physical or chemical restraint or psychotropic medication for punishment, for a period beyond that for which the medication was ordered by the physician/surgeon providing medical care, or for any purpose not authorized by the physician/surgeon (WIC 15610.63).

Psychological/Mental abuse, sometimes also referred to as “Mental suffering,” means intentionally causing fear, agitation, confusion, severe depression, or other forms of serious emotional distress that are brought about by forms of intimidating behavior, threats, harassment, or by deceptive acts performed or false or misleading statements made with malicious intent to agitate, confuse, frighten, or cause severe depression or serious emotional distress of the elder or dependent adult (WIC 15610.53).

Self-neglect is when an elder or dependent adult is unable to meet their basic needs due to their own actions or inactions, such as:

Failure to provide basic needs, including food, water, clothing, shelter, personal care, and medical care.

Failure to protect from hazards, including health and safety hazards, such as malnutrition or dehydration.

Failure to manage finances, including a substantial inability to manage finances.

Failure to exercise self-care, including failing to exercise the same degree of self-care as a reasonable person in a similar situation (WIC 15610.57).

Abuse that is Encouraged to Be Reported (but not mandated)

Mandated reporters are encouraged to make a report when they have knowledge of, or reasonably suspect, that an elder/dependent adult is suffering any other type of abuse (WIC 15630[c][1])

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