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AB-636 Financial abuse of elder or dependent adults. (2021-2022)

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Date Published: 10/08/2021 02:00 PM
AB636:v95#DOCUMENT

Assembly Bill No. 636
CHAPTER 621

An act to amend Section 15633.5 of the Welfare and Institutions Code, relating to elder and dependent adult abuse.

[ Approved by Governor  October 07, 2021. Filed with Secretary of State  October 07, 2021. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 636, Maienschein. Financial abuse of elder or dependent adults.
Existing law, the Elder Abuse and Dependent Adult Civil Protection Act, establishes procedures and requirements for the reporting, investigation, and prosecution of elder and dependent adult abuse. Existing law makes specified reports, including reports of known or suspected financial abuse of an elder or dependent adult, confidential. Existing law requires information relevant to the incident of elder or dependent adult abuse to be given to specified investigators, including investigators from an adult protective services agency, a local law enforcement agency, and the probate court.
This bill would also authorize information relevant to the incident of elder or dependent adult abuse to be given to a federal law enforcement agency, under certain circumstances, for the sole purpose of investigating a financial crime committed against the elder or dependent adult and would authorize the information to be given to a local code enforcement agency for the sole purpose of investigating an unlicensed care facility where the health and safety of an elder or dependent adult resident is at risk.
This bill would incorporate additional changes to Section 15633.5 of the Welfare and Institutions Code proposed by SB 823 to be operative only if this bill and SB 823 are enacted and this bill is enacted last.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 15633.5 of the Welfare and Institutions Code is amended to read:

15633.5.
 (a) (1) Information relevant to the incident of elder or dependent adult abuse shall be given to an investigator from an adult protective services agency, a local law enforcement agency, the office of the district attorney, the office of the public guardian, the probate court, the bureau, the Department of Financial Protection and Innovation, or an investigator of the Department of Consumer Affairs, Division of Investigation, who is investigating a known or suspected case of elder or dependent adult abuse.
(2) (A) If the incident of elder or dependent adult financial abuse may be within the jurisdiction of a federal law enforcement agency, information relevant to the incident may be given to the federal law enforcement agency for the sole purpose of investigating a financial crime committed against the elder or dependent adult.
(B) Information relevant to the incident of elder or dependent adult abuse may be provided to a local code enforcement agency for the sole purpose of investigating an unlicensed care facility where the health and safety of an elder or dependent adult resident is at risk.
(b) The identity of a person who reports under this chapter shall be confidential and disclosed only among the following agencies or persons representing an agency:
(1) An adult protective services agency.
(2) A long-term care ombudsperson program.
(3) A licensing agency.
(4) A local law enforcement agency.
(5) The office of the district attorney.
(6) The office of the public guardian.
(7) The probate court.
(8) The bureau.
(9) The Department of Financial Protection and Innovation.
(10) The Department of Consumer Affairs, Division of Investigation.
(11) Counsel representing an adult protective services agency.
(c) The identity of a person who reports pursuant to this chapter may also be disclosed under the following circumstances:
(1) To the district attorney in a criminal prosecution.
(2) When a person reporting waives confidentiality.
(3) By court order.
(d) Notwithstanding subdivisions (a), (b), and (c), a person reporting pursuant to Section 15631 shall not be required to include their name in the report.

SEC. 1.5.

 Section 15633.5 of the Welfare and Institutions Code is amended to read:

15633.5.
 (a) (1) Information relevant to the incident of elder or dependent adult abuse shall be given to an investigator from an adult protective services agency, a local law enforcement agency, the office of the district attorney, the office of the public guardian, the probate court, the division, the Department of Financial Protection and Innovation, or an investigator of the Department of Consumer Affairs, Division of Investigation, who is investigating a known or suspected case of elder or dependent adult abuse.
(2) (A) If the incident of elder or dependent adult financial abuse may be within the jurisdiction of a federal law enforcement agency, information relevant to the incident may be given to the federal law enforcement agency for the sole purpose of investigating a financial crime committed against the elder or dependent adult.
(B) Information relevant to the incident of elder or dependent adult abuse may be provided to a local code enforcement agency for the sole purpose of investigating an unlicensed care facility where the health and safety of an elder or dependent adult resident is at risk.
(b) The identity of a person who reports under this chapter shall be confidential and disclosed only among the following agencies or persons representing an agency:
(1) An adult protective services agency.
(2) A long-term care ombudsperson program.
(3) A licensing agency.
(4) A local law enforcement agency.
(5) The office of the district attorney.
(6) The office of the public guardian.
(7) The probate court.
(8) The division.
(9) The Department of Financial Protection and Innovation.
(10) The Department of Consumer Affairs, Division of Investigation.
(11) Counsel representing an adult protective services agency.
(c) The identity of a person who reports pursuant to this chapter may also be disclosed under the following circumstances:
(1) To the district attorney in a criminal prosecution.
(2) When a person reporting waives confidentiality.
(3) By court order.
(d) Notwithstanding subdivisions (a) to (c), inclusive, a person reporting pursuant to Section 15631 shall not be required to include their name in the report.

SEC. 2.

 Section 1.5 of this bill incorporates amendments to Section 15633.5 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 823. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, (2) each bill amends Section 15633.5 of the Welfare and Institutions Code, and (3) this bill is enacted after Senate Bill 823, in which case Section 1 of this bill shall not become operative.