How to Report Elder Abuse in California

The exploitation of vulnerable adults is far too common. Statistics show that 141 million elders suffer abuse each year. The idea of reporting abuse sounds intimidating, but abuse festers when communities choose to do nothing.

Hodes Milman dedicates itself to pursuing justice for our clients who have suffered from negligence or abuse at the hands of their caregivers. If you know someone harmed by a caregiver, you may benefit from contacting our California elder abuse lawyer.

We offer all potential clients a free consultation to help determine the best way to proceed with your concerns. You can schedule your consult online or call us at (949) 640-8222.

Identifying Reportable Elder Abuse in California 

California’s elderly population is rising, with estimates projecting that it will reach 6.4 million by 2025.

The need for long-term care facilities will increase as the population of 65 and older will double by 2030. These critical gaps between care and available caregivers have the potential to create abusive dynamics.

The physical injuries left behind by elder abuse can resemble those of child abuse or other forms of intimate partner violence.

Some of the physical warning signs of elder abuse include broken bones, cuts, and bruises on the neck, abdomen, or thighs, among any other suspicious injuries. In California:

• Adult Protective Services (APS) in California receives over 15,000 reports of elder and dependent adult abuse each month.
• There are an estimated 202,549 reported cases of elder and dependent adult abuse per year in California.
• For every known case of elder abuse, 24 cases go unreported.
• Only 1 in 44 cases of financial abuse involving elders is reported.

Neglect is, at times, more common than physical abuse. This can occur when caregivers fail to meet a patient’s physical, emotional, or medical needs. Neglect of residents can result in medical malpractice. In situations like those presented at a Santa Ana hospital, it can cause death.

Most people agree that protecting those who are more vulnerable is an important component of a functioning society. However, the majority may not understand how to report elder abuse in California.

Mandated Reporting Laws in California

Reporting elder abuse in California is not legally required—unless you are a mandated reporter. California’s mandated reporter laws require those who work or volunteer in certain fields to report any suspected abuse or neglect. Failure to report within the designated time can result in up to one year of jail time and $5,000 in fines.

Benefits of Reporting Elder Abuse in California

If you notice abuse, it may be time to contact Hodes Milman online or by phone at (949) 640-8222 for a case consultation. Our firm has been practicing in California for decades, securing over 200 million dollars for victims of negligence and their families.

Deciding to report someone for abuse is never easy, but remember you are also deciding to protect a vulnerable person from harm.

California APS must conduct an investigation after receiving a report and decide whether the elder or dependent adult wants the investigation to continue.

Speaking with a personal injury attorney may benefit your loved one regardless of their choice. The paper trail alone can serve as valuable evidence in both a civil and criminal case.

Adult Protection Agencies

Three primary organizations protect elderly and vulnerable adults in California.

California Adult Protective Services can be a central hub for most cases of abuse or neglect. However, other programs exist to focus on specific abuse types or even oversee some investigations. 

Long-Term Care Ombudsman

The long-term ombudsman program is through the California Department of Aging (CDA). This program provides resources and advocacy to those living in long-term care facilities.

They can provide support with Medicare or medical issues, investigate concerns of abuse, such as inappropriate use of restraints (chemical or physical) or generally poor quality of care, and link clients to other appropriate community services. 

The CDA investigates reports of abuse or neglect in long-term care facilities. This position’s volunteer status facilitates neutrality, allowing for clearer communication with clients concerned about speaking with members of APS or other affiliated providers. 

Elderly Abuse Hotline in California

You can report elder abuse in California communities by calling the elderly abuse hotline. The number is (833) 401-0832, and it will direct you to California Adult Protective Services. It will ask for your zip code to transfer you to the appropriate office and take your report. 

Medi-Cal Fraud and Elder Abuse

Medi-Cal is a program through California Healthcare Services. While they do not investigate issues such as the physical or sexual abuse of elders, they are capable of investigating reports of financial abuse, particularly those related to Medicare or benefit fraud.

A report to Medi-Cal typically coincides with a report to California APS. Medi-Cal fraud could be as simple as a provider performing unnecessary procedures to bill an elderly individual.

In a long-term facility, it could also involve charging the beneficiary for the difference between their rate and insurance payouts and using access to their funds to make the payment. These actions could be classified as both physical and financial abuse, as well as Medicare fraud or abuse.

Department of Healthcare Services

If you suspect abuse by an in-home service provider, contact the Department of Healthcare Services anonymously by e-mail or call the In-Home Support Services Fraud Hotline at (800) 822-6222. Reports of abuse directed here will likely be reported to APS as well. 

Required Information for California Elderly Abuse Report

While each county and agency may have unique preferences for gathering information, there are certain fundamentals you should be ready to include in any report.

Investigators use the information in a report to prepare them, give them a basic understanding of concerns, and provide enough information to guide them in the right direction. An agency may request:

• Facility or caregiver name 
• Address of the victim 
• First and last name of the victim
• Description of your concerns and specific indicators that lead you to report
• Dates of the incident(s)

Your reports are confidential, and the department will not tell the victim who made the report. However, they may also request your contact information and name for follow-ups or collateral contacts later in the investigation. Due to HIPAA laws, you will not be updated regarding the investigation’s results.

What Happens When You Make an Elder Abuse Report in California?

Most agencies allow reports through web submission, e-mail, or phone. If you are a mandated reporter, it may be beneficial to write the report and save the submission for your records as proof of your report. 

Agencies will triage your initial report submission to determine the urgency of addressing the concerns. They will assess whether this is an immediate need for intervention or whether it can wait a few hours. After triage, an investigator may be assigned. 

An investigation of elder abuse may consist of a face-to-face visit with the alleged victim, as well as collecting medical records, a victim statement, and other collateral contacts.

The investigator will ensure the completion of an appropriate assessment regarding the elder victim’s needs and any challenges in meeting those needs. The investigator may then charge the caregiver, file formal complaints, take action against a facility, or connect the elderly and their caregivers to appropriate resources.

Report Elderly Abuse in California: Contact Hodes Milman Today

Nobody wants to envision their loved one suffering at the hands of someone who should be providing care. It can be challenging to manage both a lengthy legal process and the emotions that come with it. When Hodes Milman represents you, you don’t have to do it all alone.

Our competent and compassionate legal representation may help your loved one get the financial compensation they need to maintain an appropriate quality of life following abuse. Contact us for a free case consultation by calling our offices at (949) 640-8222 or completing a request form online. 

Proudly Representing California Residents