Panel approves Wolk bill to increase reporting of elder abuse

Legislation requires abuse in long-term care facilities be reported to local district attorneys

SACRAMENTO – Legislation by Assemblywoman Lois Wolk (D-Davis) to help local district attorneys investigate and prosecute elder abuse cases that occur in long-term care facilities was unanimous approved today by the Assembly Public Safety Committee.

“Every year hundreds of cases of physical abuse in California nursing homes and assisted living centers, including potential felonies such as assault, rape, and sexual molestation, are reported to state licensing agencies, but not to local law enforcement,” said Wolk. “This bill builds on the ombudsman reporting system now in place and makes sure with a simple cross-report that the most serious cases are brought to the immediate attention of local law enforcement, before evidence is lost or destroyed, or witnesses forget key details, making it impossible to prosecute the criminals committing these horrible crimes.”

Under existing law, local ombudsmen are assigned to monitor facilities that provide care for elderly and dependent adults.  Ombudsmen are required to report known or suspected cases of abuse to one of several state agencies in charge of licensing the facility.  However, they are not required to report elder abuse to the local district attorney or law enforcement agency, those best situated to investigate and, when warranted, prosecute the case. Every year, thousands of abuse cases are reported to state agencies, but only a handful ever reach the attention of local prosecutors. 

“AB 2100 will ensure that our office is made immediately aware if known or suspected abuse is occurring at a long-term care facility in our jurisdiction,” said Jeff Reisig, the Yolo County District Attorney, who wrote in support of the bill. “Once alerted, we can then take the appropriate action to see that the abuse is properly investigated, evidence secured, witness statements are obtained and, if a case for prosecution is merited, charges brought. But we can’t act on cases we don’t know about. AB 2100 will inform us early on of a potentially serious case of abuse, when the facts are fresh.”

“The California Senior Legislature (CSL) strongly supports Assemblywoman Wolk’s bill,” said Shirley Krohn, a senior assemblymember with CSL, the bill’s sponsor. “It sends a message that the frail elderly who must live in a long-term care facility can do so knowing they are safe from the many forms of abuse that plague them today, and that they are respected and treated with dignity.”

AB 2100, which will next be heard in the Assembly Committee on Aging and Long Term Care, is also supported by the California District Attorney’s Association, California Advocates for Nursing Home Reform, the American Federation of State, County and Municipal Employees, and a broad coalition of senior groups including, the Congress of California Seniors, and the California Alliance fore Retired Americans.