reglab/housing_qa huggingface dataset:
CA Welf & Inst Code § 15610.63 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 3 - AID AND MEDICAL ASSISTANCE|CHAPTER 11 - Elder Abuse and Dependent Adult Civil Protection Act|ARTICLE 2 - Definitions|Section 15610.63.

15610.63.  “Physical abuse” means any of the following:(a) Assault, as defined in Section 240 of the Penal Code.(b) Battery, as defined in Section 242 of the Penal Code.(c) Assault with a deadly weapon or force likely to produce great bodily injury, as defined in Section 245 of the Penal Code.(d) Unreasonable physical constraint, or prolonged or continual deprivation of food or water.(e) Sexual assault, that means any of the following:(1) Sexual battery, as defined in Section 243.4 of the Penal Code.(2) Rape, as defined in Section 261 of the Penal Code.(3) Rape in concert, as described in Section 264.1 of the Penal Code.(4) Incest, as defined in Section 285 of the Penal Code.(5) Sodomy, as defined in Section 286 of the Penal Code.(6) Oral copulation, as defined in Section 287 or former Section 288a of the Penal Code.(7) Sexual penetration, as defined in Section 289 of the Penal Code.(8) Lewd or lascivious acts, as defined in paragraph (2) of subdivision (b) of Section 288 of the Penal Code.(f) Use of a physical or chemical restraint or psychotropic medication under any of the following conditions:(1) For punishment.(2) For a period beyond that for which the medication was ordered pursuant to the instructions of a physician and surgeon licensed in the State of California, who is providing medical care to the elder or dependent adult at the time the instructions are given.(3) For any purpose not authorized by the physician and surgeon.(Amended by Stats. 2021, Ch. 626, Sec. 75. (AB 1171) Effective January 1, 2022.)
CA Welf & Inst Code § 15610.65 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 3 - AID AND MEDICAL ASSISTANCE|CHAPTER 11 - Elder Abuse and Dependent Adult Civil Protection Act|ARTICLE 2 - Definitions|Section 15610.65.

15610.65.  “Reasonable suspicion” means an objectively reasonable suspicion that a person would entertain, based upon facts that could cause a reasonable person in a like position, drawing when appropriate upon his or her training and experience, to suspect abuse.(Added by Stats. 1994, Ch. 594, Sec. 3. Effective January 1, 1995.)
CA Welf & Inst Code § 15610.67 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 3 - AID AND MEDICAL ASSISTANCE|CHAPTER 11 - Elder Abuse and Dependent Adult Civil Protection Act|ARTICLE 2 - Definitions|Section 15610.67.

15610.67.  “Serious bodily injury” means an injury involving extreme physical pain, substantial risk of death, or protracted loss or impairment of function of a bodily member, organ, or of mental faculty, or requiring medical intervention, including, but not limited to, hospitalization, surgery, or physical rehabilitation.(Added by Stats. 2012, Ch. 659, Sec. 1. (AB 40) Effective January 1, 2013.)
CA Welf & Inst Code § 15610.70 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 3 - AID AND MEDICAL ASSISTANCE|CHAPTER 11 - Elder Abuse and Dependent Adult Civil Protection Act|ARTICLE 2 - Definitions|Section 15610.70.

15610.70.  (a) “Undue influence” means excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will and results in inequity. In determining whether a result was produced by undue influence, all of the following shall be considered:(1) The vulnerability of the victim. Evidence of vulnerability may include, but is not limited to, incapacity, illness, disability, injury, age, education, impaired cognitive function, emotional distress, isolation, or dependency, and whether the influencer knew or should have known of the alleged victim’s vulnerability.(2) The influencer’s apparent authority. Evidence of apparent authority may include, but is not limited to, status as a fiduciary, family member, care provider, health care professional, legal professional, spiritual adviser, expert, or other qualification.(3) The actions or tactics used by the influencer. Evidence of actions or tactics used may include, but is not limited to, all of the following:(A) Controlling necessaries of life, medication, the victim’s interactions with others, access to information, or sleep.(B) Use of affection, intimidation, or coercion.(C) Initiation of changes in personal or property rights, use of haste or secrecy in effecting those changes, effecting changes at inappropriate times and places, and claims of expertise in effecting changes.(4) The equity of the result. Evidence of the equity of the result may include, but is not limited to, the economic consequences to the victim, any divergence from the victim’s prior intent or course of conduct or dealing, the relationship of the value conveyed to the value of any services or consideration received, or the appropriateness of the change in light of the length and nature of the relationship. (b) Evidence of an inequitable result, without more, is not sufficient to prove undue influence.(Added by Stats. 2013, Ch. 668, Sec. 3. (AB 140) Effective January 1, 2014.)
CA Welf & Inst Code § 15631 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 3 - AID AND MEDICAL ASSISTANCE|CHAPTER 11 - Elder Abuse and Dependent Adult Civil Protection Act|ARTICLE 3 - Mandatory and Nonmandatory Reports of Abuse|Section 15631.

15631.  (a) Any person who is not a mandated reporter under Section 15630, who knows, or reasonably suspects, that an elder or a dependent adult has been the victim of abuse may report that abuse to a long-term care ombudsman program or local law enforcement agency, or both the long-term care ombudsman program and local law enforcement agency when the abuse is alleged to have occurred in a long-term care facility.(b) Any person who is not a mandated reporter under Section 15630, who knows, or reasonably suspects, that an elder or a dependent adult has been the victim of abuse in any place other than a long-term care facility may report the abuse to the county adult protective services agency or local law enforcement agency.(Amended by Stats. 2012, Ch. 659, Sec. 3. (AB 40) Effective January 1, 2013.)
CA Welf & Inst Code § 15632 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 3 - AID AND MEDICAL ASSISTANCE|CHAPTER 11 - Elder Abuse and Dependent Adult Civil Protection Act|ARTICLE 3 - Mandatory and Nonmandatory Reports of Abuse|Section 15632.

15632.  (a) In any court proceeding or administrative hearing, neither the physician-patient privilege nor the psychotherapist-patient privilege applies to the specific information reported pursuant to this chapter.(b) Nothing in this chapter shall be interpreted as requiring an attorney to violate his or her oath and duties pursuant to Section 6067 or subdivision (e) of Section 6068 of the Business and Professions Code, and Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.(Repealed and added by Stats. 1994, Ch. 594, Sec. 11. Effective January 1, 1995.)
CA Welf & Inst Code § 15633 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 3 - AID AND MEDICAL ASSISTANCE|CHAPTER 11 - Elder Abuse and Dependent Adult Civil Protection Act|ARTICLE 4 - Confidentiality|Section 15633.

15633.  (a) The reports made pursuant to Sections 15630, 15630.1, 15630.2, and 15631 shall be confidential and may be disclosed only as provided in subdivision (b). Any violation of the confidentiality required by this chapter is a misdemeanor punishable by not more than six months in the county jail, by a fine of five hundred dollars ($500), or by both that fine and imprisonment.(b) Reports of suspected abuse of an elder or dependent adult and information contained therein may be disclosed only to the following:(1) Persons or agencies to whom disclosure of information or the identity of the reporting party is permitted under Section 15633.5.(2) (A) Persons who are trained and qualified to serve on multidisciplinary personnel teams may disclose to one another information and records that are relevant to the prevention, identification, or treatment of abuse of elderly or dependent persons.(B) Except as provided in subparagraph (A), any personnel of the multidisciplinary team or agency who receives information pursuant to this chapter shall be under the same obligations and subject to the same confidentiality penalties as the person disclosing or providing that information. The information obtained shall be maintained in a manner that ensures the maximum protection of privacy and confidentiality rights.(3) A trusted contact person, as specified in subdivision (h) of Section 15630.2.(c) This section does not allow disclosure of any reports or records relevant to the reports of abuse of an elder or dependent adult if the disclosure would be prohibited by any other provisions of state or federal law applicable to the reports or records relevant to the reports of the abuse, nor does it prohibit the disclosure by a financial institution, broker-dealer, or investment adviser of any reports or records relevant to the reports of abuse of an elder or dependent adult if the disclosure would be required of a financial institution, broker-dealer, or investment adviser by otherwise applicable state or federal law or court order.(Amended by Stats. 2019, Ch. 272, Sec. 2. (SB 496) Effective January 1, 2020.)
CA Welf & Inst Code § 15633.5 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 3 - AID AND MEDICAL ASSISTANCE|CHAPTER 11 - Elder Abuse and Dependent Adult Civil Protection Act|ARTICLE 4 - Confidentiality|Section 15633.5.

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.(Amended by Stats. 2021, Ch. 621, Sec. 1.5. (AB 636) Effective January 1, 2022.)
CA Welf & Inst Code § 15636 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 3 - AID AND MEDICAL ASSISTANCE|CHAPTER 11 - Elder Abuse and Dependent Adult Civil Protection Act|ARTICLE 4 - Confidentiality|Section 15636.

15636.  (a) Any victim of elder or dependent adult abuse may refuse or withdraw consent at any time to an investigation or the provision of protective services by an adult protective services agency or long-term care ombudsman program. The adult protective services agency shall act only with the consent of the victim unless a violation of the Penal Code has been alleged. A local long-term care ombudsman shall act only with the consent of the victim and shall disclose confidential information only after consent to disclose is given by the victim or pursuant to court order.(b) If the elder or dependent adult abuse victim is so incapacitated that he or she cannot legally give or deny consent to protective services, a petition for temporary conservatorship or guardianship may be initiated in accordance with Section 2250 of the Probate Code.(Added by Stats. 1994, Ch. 594, Sec. 18. Effective January 1, 1995.)
CA Welf & Inst Code § 15637 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 3 - AID AND MEDICAL ASSISTANCE|CHAPTER 11 - Elder Abuse and Dependent Adult Civil Protection Act|ARTICLE 4 - Confidentiality|Section 15637.

15637.  In any court proceeding or administrative hearing, neither the physician-patient privilege nor the psychotherapist-patient privilege applies to the specific information required to be reported pursuant to this chapter. Nothing in this chapter shall be interpreted as requiring an attorney to violate his or her oath and duties pursuant to Section 6067 or subdivision (e) of Section 6068 of the Business and Professions Code, and Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.(Added by Stats. 1985, Ch. 1164, Sec. 13. Effective September 28, 1985.)
CA Welf & Inst Code § 15651 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 3 - AID AND MEDICAL ASSISTANCE|CHAPTER 11 - Elder Abuse and Dependent Adult Civil Protection Act|ARTICLE 6 - Investigation of Reports|Section 15651.

15651.  County adult protective service agencies and the Home Safe Program, as established in Chapter 14 (commencing with Section 15770), may refer individuals with complex or intensive needs to the appropriate state or local agencies, as determined by the adult protective services agency or the Home Safe Program case workers, and based on a determination that the individual may be eligible for services and that those services may support the individual’s safety goals. A referral may be made before or after an individual begins to receive adult protective services, and a referral does not preclude the individual from receiving adult protective services or Home Safe program services.(Added by Stats. 2021, Ch. 85, Sec. 67. (AB 135) Effective July 16, 2021.)
CA Welf & Inst Code § 15653 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 3 - AID AND MEDICAL ASSISTANCE|CHAPTER 11 - Elder Abuse and Dependent Adult Civil Protection Act|ARTICLE 7 - Interagency Coordination|Section 15653.

15653.  (a) Minimum guidelines for use by county adult protective services agencies in determining when an investigation of abuse is warranted shall be maintained by the State Department of Social Services in cooperation with representatives of county government, and in consultation with the Department of Aging, the Department of Justice, and other concerned state departments for use by county adult protective services agencies.(b) Uniform guidelines for local law enforcement assistance with investigations of allegations of abuse to elders and dependent adults as developed by the Department of Justice in consultation with the department, the Department of Aging, and other concerned state and local agencies pursuant to Section 15640, as amended by Chapter 769 of the Statutes of 1986, shall remain in effect until modified. Consistent with these guidelines, county adult protective services agencies may seek local law enforcement assistance with investigations of allegations of abuse to elder and dependent adults.(Added by Stats. 1994, Ch. 594, Sec. 22. Effective January 1, 1995.)
CA Welf & Inst Code § 15653.5 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 3 - AID AND MEDICAL ASSISTANCE|CHAPTER 11 - Elder Abuse and Dependent Adult Civil Protection Act|ARTICLE 7 - Interagency Coordination|Section 15653.5.

15653.5.  Training for determining when to refer for possible criminal prosecution a report of a known or suspected instance of abuse that occurred in a long-term care facility shall be included in the training provided by the Division of Medi-Cal Fraud and Elder Abuse pursuant to subdivision (h) of Section 12528 of the Government Code.(Amended by Stats. 2021, Ch. 554, Sec. 18. (SB 823) Effective January 1, 2022.)
CA Welf & Inst Code § 15654 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 3 - AID AND MEDICAL ASSISTANCE|CHAPTER 11 - Elder Abuse and Dependent Adult Civil Protection Act|ARTICLE 7 - Interagency Coordination|Section 15654.

15654.  (a) As described in subdivision (h) of Section 12528 of the Government Code, the division shall offer training programs to local law enforcement and prosecutorial personnel in investigating and prosecuting crimes against elders and dependent adults, and to the State Department of Health Care Services, the State Department of Social Services, the county adult protective services agencies and to the long-term care ombudsman program in evaluating and documenting criminal abuse against elders and dependent adults.(b) When producing new or updated training materials pursuant to this section, the division shall consult with the Commission on Peace Officer Standards and Training and other subject matter experts. Any new or updated training materials shall address all of the following:(1) The jurisdiction and responsibility of law enforcement agencies pursuant to Section 368.5 of the Penal Code.(2) The fact that the protected classes of “dependent person” as defined in Section 288 of the Penal Code and “dependent adult” as defined in Section 368 of the Penal Code include many persons with disabilities, regardless of the fact that most of those persons live independently.(3) Other relevant information and laws.(c) When the division offers or provides new or updated training materials pursuant to this section, the division also may inform the agencies of other relevant training materials.(Amended by Stats. 2021, Ch. 554, Sec. 19. (SB 823) Effective January 1, 2022.)
CA Welf & Inst Code § 15655 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 3 - AID AND MEDICAL ASSISTANCE|CHAPTER 11 - Elder Abuse and Dependent Adult Civil Protection Act|ARTICLE 7 - Interagency Coordination|Section 15655.

15655.  (a) (1) Each long-term health care facility, as defined in Section 1418 of the Health and Safety Code, community care facility, as defined in Section 1502 of the Health and Safety Code, or residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, that provides care to adults shall provide training in recognizing and reporting elder and dependent adult abuse, as prescribed by the Department of Justice. The Department of Justice shall, in cooperation with the State Department of Health Services and the State Department of Social Services, develop a minimal core training program for use by these facilities. As part of that training, long-term care facilities, including nursing homes and out-of-home care facilities, shall provide to all staff being trained a written copy of the reporting requirements and a written notification of the staff’s confidentiality rights as specified in Section 15633.5.(2) Each long-term health care facility, as defined in Section 1418 of the Health and Safety Code, and each community care facility as defined in Section 1502 of the Health and Safety Code, shall comply with paragraph (1) by January 1, 2001, or, if the facility began operation after July 31, 2000, within six months of the date of the beginning of the operation of the facility. Employees hired after June 1, 2001, shall be trained within 60 days of their first day of employment.(3) Each residential care facility, as defined in Section 1569.2 of the Health and Safety Code, shall comply with paragraph (1) by July 1, 2002, or, if the facility began operation after July 1, 2002, within six months of the date of the beginning of the operation of the facility. Employees hired on or after July 1, 2002, shall be trained within 60 days of their first day of employment.(b) Each long-term health care facility, as defined in Section 1418 of the Health and Safety Code, shall be subject to review by the State Department of Health Services Licensing and Certification Unit for compliance with the duties imposed in subdivision (a).(c) Each community care facility, as defined in Section 1502 of the Health and Safety Code, and residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, shall be subject to review by the State Department of Social Services Community Care Licensing Unit for compliance with the duties imposed in subdivision (a).(Amended by Stats. 2015, Ch. 303, Sec. 624. (AB 731) Effective January 1, 2016.)
CA Welf & Inst Code § 15655.5 (2021)
2021 California Code|Welfare and Institutions Code - WIC|DIVISION 9 - PUBLIC SOCIAL SERVICES|PART 3 - AID AND MEDICAL ASSISTANCE|CHAPTER 11 - Elder Abuse and Dependent Adult Civil Protection Act|ARTICLE 7 - Interagency Coordination|Section 15655.5.

15655.5.  A county adult protective services agency shall provide the organizations listed in subdivisions (v), (w), and (x) of Section 15610.17, and mandated reporters of suspected financial abuse of an elder or dependent adult pursuant to Sections 15630.1 and 15630.2, with instructional materials regarding abuse and neglect of an elder or dependent adult and their obligation to report under this chapter. At a minimum, the instructional materials shall include all of the following:(a) An explanation of abuse and neglect of an elder or dependent adult, as defined in this chapter.(b) Information on how to recognize potential abuse and neglect of an elder or dependent adult.(c) Information on how the county adult protective services agency investigates reports of known or suspected abuse and neglect.(d) Instructions on how to report known or suspected incidents of abuse and neglect, including the appropriate telephone numbers to call and what types of information would assist the county adult protective services agency with its investigation of the report.(Amended by Stats. 2019, Ch. 272, Sec. 5. (SB 496) Effective January 1, 2020.)