In 2012 California SB 718 granted to Mandated Reporters the option to report instances of suspected Elder and Dependent Adult abuse or neglect to California Adult Protective Service (APS) agencies via a secure online form, in lieu of telephoned and faxed reports.
EMERGENCY or “IMMEDIATE RESPONSE” reports MUST NOT be submitted online.
Such reports must be submitted by TELEPHONE ONLY.
IMPORTANT: Reports submitted online on Friday afternoons, weekends or holidays may not be processed by APS until the following business day.
If the issue you are reporting requires an immediate response, you must contact your local APS agency immediately by telephone.
Online Report Instruction
IF THIS IS AN EMERGENCY, DIAL 911 AND CONTACT YOUR LOCAL APS AGENCY BY TELEPHONE.
How do I complete the online form?
Please fill out the report form as completely as possible. Required fields are highlighted in gold. All required fields must be completed in order to submit the report.
How will I know that my online Report was actually submitted to APS?
A confirmation notice and number will appear confirming that your report was successfully transmitted. Please record this confirmation number to assist in further communication with your APS agency. You will have an opportunity to print the completed Report for your records.
Online APS reports will reach the receiving agency within two hours of submission. Please note that reports sent after-hours may not be received and processed until the next business day.
Who is a Mandated Reporter?
A Mandated Reporter as defined by California WIC 15630(a) an individual with full or intermittent responsibility for care or custody of an Elder or a Dependent Adult, whether or not that person receives compensation. This includes staff of a public or private facility providing care or services for Elders or a Dependent Adults, Elder or a Dependent Adult care custodians, health practitioners, clergy, employees APS agencies or local law enforcement.
(See WIC 15610.17 for detail on “care custodian” and WIC 15610.37 for detail of “health practitioner.”)
Under WIC 15630.1, Mandated Reporter also includes officers and employees of financial institutions and other individuals who review or approve financial documents, records or transactions in connection with providing financial services to Elders or a Dependent Adults.
What should be reported?
Known or suspected incidents that reasonably appear to be financial or physical abuse (including sexual abuse), abandonment, isolation, abduction, or neglect (including self-neglect), including reports by an Elder or a Dependent Adult that he/she has experienced such neglect or abuse, shall be reported as soon as practicably possible. (See California state SOC341).
What is the difference between Elder and Dependent Adult?
An “Elder” is any person residing in this state who is 65 years of age or older (WIC Section 15610.27).
A “Dependent Adult” is any person residing in this state, between the ages of 18 and 64, who has physical or mental limitations that restrict his/her ability to carry out normal activities or to protect his/her rights including, but not limited to, persons with physical or developmental disabilities or whose physical or mental abilities have diminished because of aging condition (WIC 15610.23). “Dependent adult” also 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).
What if there are 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 report may be made by one member of the group. Any member of the group who believes or suspects that the report was not submitted shall submit the report him/herself.
Under WIC Chapter 11 the identity of Reporters to APS shall be confidential and disclosed only among APS agencies, local law enforcement, LTCO coordinators, Bureau of Medi-Cal Fraud and Elder Abuse, licensing agencies or their counsel, Department of Consumer Affairs, county District Attorney, Probate Court, and Public Guardian. Confidentiality may be waived only by the Reporter or by court order.
Failure to report?
Failure of Mandated Reporters to report any known or suspected incidents of an Elder or a Dependent Adult abuse or neglect, as defined above, is a misdemeanor, punishable by not more than six months in 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 county jail, or by a fine of up to $5,000, or by both imprisonment and fine.
Failure of Financial Mandated Reporters to report financial abuse of an Elder or Dependent Adult may result in a civil penalty not exceeding $1,000. Individuals who willfully fail to report such financial abuse are subject to a civil penalty not exceeding $5,000 to be paid by the financial institution, which employs Mandated Reporter to the party bringing the action.
Exceptions to reporting requirements?
A. Under WIC 15630(b)(3)(A) a Mandated Reporter who is a physician, surgeon, 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/she has experienced physical abuse (including sexual abuse), abandonment, isolation, financial abuse, abduction, or neglect (including self-neglect), and
(2) The Mandated Reporter is not aware of any independent evidence that corroborates the statement that the abuse/neglect has occurred, and
(3) The Elder or a 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, and
(4) In the exercise of clinical judgment, the physician, surgeon, the registered nurse, or the psychotherapist reasonably believes that the abuse did not occur.
B. Under WIC Section 15630(b)(4)(A) a Mandated Reporter in a long-term care facility, who the California Department of Health Services determines, upon approval by the Bureau of Medi-Cal Fraud and the Office of the State Long-Term Care Ombudsman (OSLTCO), has access to plans of care and has the training and experience to determine whether all the conditions specified below have been met, shall not be required to report the suspected incident of abuse:
- (1) The Mandated Reporter is aware that there is a proper plan of care, and
- (2) The Mandated Reporter is aware that the plan of care was properly provided and executed, and
- (3) A physical, mental, or medical injury occurred as a result of care pursuant to clause (1) or (2), and
- (4) The Mandated Reporter reasonably believes that the injury was not the result of abuse.
By clicking the "Start Report" button below, you are confirming that you have read the provided instruction and definitions AND qualify as a Mandated Reporter under of the California Welfare and Institutions Code.