Tessa Quinn
In California, abuse and neglect are pressing issues for seniors over the age of 65, with one in six seniors estimated to be victims of abuse. While the process of reporting hospital abuse in California can be confusing, with many agencies accepting abuse and neglect reports, it is important to know that healthcare providers are required to report suspected abuse. The specific agency or department that one should report to depends on where the senior lives (community, public, or private facility) and the type of abuse. For example, the California Department of Social Services accepts complaints against licensed facilities, including adult day programs and Residential Care Facilities for the Elderly (RCFEs). Additionally, California has a range of laws regarding elder abuse, encompassing financial exploitation and sexual abuse.
| Characteristics | Values |
|---|---|
| Reporting abuse in hospitals | California Adult Protective Services (APS) |
| Reporting abuse in nursing homes | California Long-Term Care Ombudsman |
| Reporting abuse by care facility employees | Attorney General's Bureau of Medi-Cal Fraud & Elder Abuse |
| Reporting abuse against children | California Department of Education (CDE), California Department of Social Services |
| Reporting adverse events | California Department of Public Health (CDPH) within five calendar days |
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What You'll Learn
Reporting abuse in nursing homes
Nursing home abuse is, unfortunately, a serious and prevalent issue in California. If you suspect a loved one is being abused or neglected, you can take the following steps to report it to the appropriate authorities.
Firstly, try to gather as much information as possible. Note the resident's full name, age, and room number. Write down a detailed description of the suspected abuse, including any visible injuries and their impact on the resident's well-being. Record the date, time, and location of each incident, and collect the names of any staff members who may have been involved or who may have witnessed the incidents.
Next, decide who to contact. In California, the correct agency or department depends on where the senior lives and the type of abuse. If the resident lives in a community setting, contact Adult Protective Services. If they live in a long-term care facility, you can report abuse to the long-term care ombudsman and either the California Department of Public Health (CDPH) or the California Department of Social Services (CDSS), depending on the type of facility. You can also file a police report if you observe or suspect physical or sexual abuse, financial exploitation, or any other criminal behaviour.
- California Long-Term Care Ombudsman Program: Phone: (916) 419-7513, Fax: (916) 928-2503, Crisis Line: 1-800-231-4024 (not an emergency service).
- Los Angeles County LTC Ombudsman Program: Phone: 800-334-9473, Email: [email protected].
- California Health Facility Information Database: File a complaint online.
- California Adult Protective Services: For seniors living in private homes, apartments, hotels, or acute or inpatient hospitals.
- California Department of Social Services: Accepts complaints against licensed facilities, including Residential Care Facilities for the Elderly (RCFEs).
Remember, if there is an immediate threat to someone's life, call 911 for emergency assistance.
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Reporting abuse in hospitals
Reporting Abuse of Seniors
For seniors over the age of 65 in California, abuse and neglect are serious and prevalent issues, with one in six seniors estimated to be victims of abuse. Federal law guarantees nursing home residents certain fundamental rights, including the right to a dignified existence, privacy during treatments, the right to participate in social activities, and freedom from abuse and neglect.
If you suspect a senior is being abused or neglected, you can file a complaint with the California Department of Social Services against licensed facilities, including adult day programs and Residential Care Facilities for the Elderly (RCFEs). The California Department of Public Health accepts complaints against licensed skilled nursing facilities (SNFs), intermediate care facilities, adult day health centers, rehab centers, and acute care hospitals.
If the senior lives in the community, contact Adult Protective Services. If they live in a long-term care facility, abuse can be reported to the long-term care ombudsman and either CHPH or CDSS, depending on the type of facility.
Reporting Abuse of Children
The California Department of Education (CDE) provides guidelines and training modules to help school employees and educators identify and report suspected cases of child abuse and neglect. Mandated reporters include all school/district employees, administrators, and athletic coaches, who are required by law to report all known or suspected cases of child abuse or neglect. School volunteers are highly encouraged by law to report any suspected cases of abuse and neglect and to receive training in identification and reporting.
Telephone numbers for each county's emergency response for child abuse reporting are located at California Emergency Response Child Abuse Reporting Telephone Numbers.
Reporting Abuse by Hospitals
If a healthcare provider reasonably believes their patient is being abused, they are required to report that information. If a medical provider sees obvious signs of abuse and does not report it, they could be liable for further harm suffered by the victim.
The California Department of Public Health (CDPH) requires hospitals to report adverse events, defined by the U.S. Department of Health and Human Services (HHS) as events in which care resulted in an undesirable clinical outcome that prolonged the patient's stay, caused permanent patient harm, required life-saving intervention, or contributed to death. Hospitals must report these events to the CDPH within five calendar days of their discovery.
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Reporting abuse in residential care facilities
If the abuse occurs in a private home, apartment, hotel, or acute or inpatient hospital, then a report should be filed with California Adult Protective Services (APS). This is a state and county-funded program designed to help seniors and dependent adults who are unable to meet their own needs.
If the abuse occurs in a nursing home, adult residential facility, adult day program, or day health center, then the California Long-Term Care Ombudsman handles these reports.
The Attorney General's Bureau of Medi-Cal Fraud & Elder Abuse investigates and prosecutes elder abuse and Medi-Cal fraud committed by care facility employees, Medi-Cal providers, and operators of hospitals, residential care facilities, and skilled nursing homes.
The California Department of Social Services accepts complaints against licensed facilities, including adult day programs and Residential Care Facilities for the Elderly (RCFEs). The California Department of Public Health accepts complaints against licensed skilled nursing facilities (SNFs), intermediate care facilities, adult day health centers, rehab centers, and acute care hospitals.
If you are a healthcare provider and reasonably believe that your patient is being abused, you are required by law to report this information. Signs of nursing home abuse include the development of bedsores, unwillingness to provide treatment, or any other form of substandard care.
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Reporting child abuse
In California, hospitals are required to report any adverse events observed during a patient's treatment. This includes any reasonable belief that a patient is being abused. Adverse events must be reported to the California Department of Public Health (CDPH) within five calendar days of their discovery.
If you are aware of child abuse or suspect it, you can report it to the Child Abuse Prevention Center. You can make a report anonymously if you wish. Basic information such as your name and address are required. However, it is important to provide as much detail as possible, including:
- Your name, employer's name, address, and phone number.
- The name, date of birth or approximate age, and sex of the child.
- Specific details on the nature and extent of the abuse, including any quotations of what was said.
- The name, date of birth or approximate age, address, and phone number of the person you suspect is abusing the child, as well as their relationship to the child.
- Whether the suspected abuser currently has access to the child and their present location.
- The names, ages, and schools of other children in the home.
Once you have made the report, Child Protective Services (CPS) will conduct a risk assessment. If the child is believed to be in imminent danger, a response will be warranted within 24 hours. After an investigation, the report will be placed into one of three categories: "Unfounded Report", "Substantiated Report", or "Inconclusive Report". You are entitled to know the outcome of your report.
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Reporting abuse in long-term care facilities
California Adult Protective Services (APS)
The California Adult Protective Services (APS) investigates cases of abuse or neglect of elderly or dependent adults in private homes, apartments, hotels, or acute or inpatient hospitals in California. If the individual resides in the community, contact Adult Protective Services. Adult Protective Services is a state and county-funded program that assists seniors and dependent adults who cannot meet their basic needs.
California Long-Term Care Ombudsman
The California Long-Term Care Ombudsman handles reports of abuse in nursing homes, adult residential facilities, adult day programs, and day health centers. If the individual resides in a long-term care facility, abuse can be reported to the long-term care ombudsman. In cases where the perpetrator is a resident with a dementia diagnosis and the abuse did not result in serious bodily injury, a written report must be submitted to the long-term care ombudsman and local law enforcement within 24 hours.
Attorney General's Bureau of Medi-Cal Fraud & Elder Abuse
The Attorney General's Bureau of Medi-Cal Fraud & Elder Abuse investigates and prosecutes cases of elder abuse and Medi-Cal fraud committed by employees or operators of care facilities, including hospitals, residential care facilities, and skilled nursing homes.
California Department of Social Services (CDSS)
The California Department of Social Services (CDSS) accepts complaints against licensed facilities, such as adult day programs and Residential Care Facilities for the Elderly (RCFEs). If the abuse involves financial exploitation, sexual abuse, or other forms of dependent adult abuse, the CDSS may be the appropriate agency to contact.
California Department of Public Health (CDPH)
The California Department of Public Health (CDPH) accepts complaints against licensed skilled nursing facilities (SNFs), intermediate care facilities, adult day health centers, rehab centers, and acute care hospitals. Hospitals are required to report adverse events, including potential signs of abuse, to the CDPH within five calendar days of their discovery.
It is important to recognize the signs of abuse or neglect, which may include bedsores, unwillingness to provide treatment, or other indicators of substandard care. If you suspect that a loved one is suffering from abuse or neglect in a long-term care facility in California, do not hesitate to contact the appropriate agencies and seek legal assistance if needed.
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Frequently asked questions
Hospital abuse can refer to nursing home abuse, adverse events, neglect, or elder abuse. Adverse events are defined by the U.S. Department of Health and Human Services (HHS) as "events in which care resulted in an undesirable clinical outcome—an outcome not caused by underlying disease—that prolonged the patient’s stay, caused permanent patient harm, required life-saving intervention, or contributed to death." Elder abuse can refer to financial exploitation or sexual abuse.
Reporting hospital abuse in California depends on the type of abuse and the facility in which it occurred. The California Department of Public Health (CDPH) requires hospitals to report adverse events within five calendar days of their discovery. The California Department of Social Services accepts complaints against licensed facilities, including adult day programs and Residential Care Facilities for the Elderly (RCFEs). The California Department of Public Health accepts complaints against licensed skilled nursing facilities (SNFs), intermediate care facilities, adult day health centers, rehab centers, and acute care hospitals. California Adult Protective Services (APS) investigates abuse of elderly or dependent adults in private homes, apartments, hotels, or acute or inpatient hospitals. The California Long-Term Care Ombudsman handles reports of abuse in nursing homes, adult residential facilities, adult day programs, and day health centers.
Signs of hospital abuse can include the development of bedsores, unwillingness to provide treatment, or any other signs of nursing home abuse.
