Contra Costa County Grand Jury
• 2008-2009
The Lost Generation the Elderly Citizens of Contra Costa County To: Contra Costa County Board of Supervisors
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings and Recommendations 24 findings
F1
According to the US Census, almost 11% of the thirty-six million residents in California are 65 or older. Its most recent estimate is that Contra Costa County residents over age 65 constitute 11.5 % of the County’s population, or about 118,000 individuals.
No recommendations for this finding
F2
The fastest growing segment of the population in Contra Costa County is the 85+ age group. Over the next ten years, this group is predicted to skyrocket by 55%. The 65+ age group is expected to increase 37%.
No recommendations for this finding
F3
During the fiscal years 2006-2008, more than 3500 reports of elder abuse in all forms, were reported to Contra Costa County’s Adult Protective Services, a division of Contra Costa County Health and Human Services. Of the reports made in 2006-2007, 486 dealt with elder financial abuse. The number increased to 528 in 2007-2008, an increase of 9.2%.
No recommendations for this finding
F4
The legislature recognizes that elders and dependent adults may be subjected to abuse, neglect, or abandonment, and that this state has a responsibility to protect these persons.
No recommendations for this finding
F5
Contra Costa County elderly residents, who lack financial, physical or mental health support, have little or no protective options provided by their local government.
No recommendations for this finding
F6
The State mandates that Contra Costa County provide financial protective services to its most fragile citizens under the Elder Abuse and Dependent Adult Civil Protective Act.
No recommendations for this finding
F7
Paid or unpaid individuals responsible for caring for elderly adults are mandated to report elder abuse. These mandated reporters include but are not limited to administrators, supervisors and licensed staff providing care and services to the elderly, APS employees, health practitioners (such as physicians and nurses), police officers, clergy members, employees of financial institutions, and elder or dependent adult care custodians. Care custodians include, for example, home health agency administrators and staff, and fire department members.
No recommendations for this finding
F8
If a mandated reporter fails to report to an appropriate government agency, incidents of known or suspected abuse, he or she may incur a civil penalty in an action by the Attorney General, District Attorney or County Counsel.
No recommendations for this finding
F9
SB 1018 (The Financial Abuse Reporting Act of 2005), effective on January 1, 2007, requires Contra Costa County’s APS agency to provide mandated reporters of suspected financial abuse of an elder or dependant adult with instructional materials. These materials define elder and dependent adult abuse and neglect, and also describes mandated reporters’ obligation to report such abuse.
No recommendations for this finding
F10
About 25% of elder abuse cases are referred to law enforcement for possible criminal investigation.
No recommendations for this finding
F11
Perpetrators of elder abuse include spouses and adult children, grandchildren, other relatives, caregivers, parents, siblings, service providers or caregivers, unknown persons or friends, and others. Unknown Others, 9% Service Persons or Providers Friends, 1% Spouses, 3% 15% Siblings, 6% Parents, 6% Caregivers, 3% Adult Children Other Relatives, 8% Grand 40% children 9%
No recommendations for this finding
F12
Recognized experts estimate that only one in five cases of elder abuse in California is reported.
No recommendations for this finding
F13
Adult Protective Services lost the following staff as of January 1, 2009; one Public Health Nurse, one Mental Health Clinical Specialist, nine Social Workers, and two Social Work Supervisors.
No recommendations for this finding
F14
Due to staff reductions, APS will no longer be able to provide case management services for the elderly victims of abuse and neglect in Contra Costa County.
No recommendations for this finding
F15
The protective net that APS has provided to the elderly will be reduced to referral of cases to police departments, hospitals, mental health and the public guardian’s office.
No recommendations for this finding
F16
Outreach to the community regarding elder abuse and neglect, mandatory reporting, and elder financial abuse will no longer be provided due to APS staff reductions.
No recommendations for this finding
F17
The Contra Costa County Conservatorship/Guardianship (C/G) Program (which is within the Mental Health Division of the Department of Health Services), deals with elderly persons with and without dementia and dependent adults who need assistance in managing their financial affairs. Current referrals come primarily from APS, local hospitals, skilled nursing facilities, the courts, friends and family members.
No recommendations for this finding
F18
California law (Probate Code Section 2920) specifies that, if a court order is issued requiring a conservator be appointed, and no one else is available, a Public Guardian shall be appointed.
No recommendations for this finding
F19
Each case accepted by the C/G program requires consultation with, and the support of, legal counsel. Within the County Counsel’s Department there is no designated attorney to serve the C/G Program.
No recommendations for this finding
F20
Ongoing probate conservatorship services to qualifying elderly persons, including money management services, are provided only as a last resort and only if a private or personal alternative is not available.
No recommendations for this finding
F21
Elderly persons without sufficient financial resources are not eligible for assistance from the existing C/G Program and ultimately get lost in the system.
No recommendations for this finding
F22
The C/G Program currently manages with 20 staff members the funds (estates) of over 500 people who need money management and conservatorship services.
No recommendations for this finding
F23
Of the 20 staff members, there are four designated probate conservators in the C/G Program to serve elderly people needing probate conservatorship services.
No recommendations for this finding
F24
Due to the lack of designated staff, the legal needs of the C/G Program are not being met. CONCLUSIONS: The Grand Jury recognizes that the County has very difficult decisions to make with respect to the use of its diminishing resources. The State has the power to mandate that the County provide services to some of its most vulnerable citizens; however, this does not appear to be adequately enforced. The question raised by the Grand Jury is how the obligation imposed by the State to offer services to the elderly is reconciled with the inability of the County to provide those services. The question then arises, should the State be requested to provide a waiver to the County that would allow it to cease serving its elderly population? Or should the County restructure its priorities to allocate sufficient resources so as to allow it to comply with the State’s mandate? Currently, Contra Costa County elderly residents who lack financial, physical or mental health support have little or no protective options provided by their local government. Under current conditions, vulnerable elderly persons suffering financial abuse may not receive the services to which they are entitled by law.
No recommendations for this finding
Conclusions 4
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CL1 Page 5Either: (a) Obtain from the State a waiver of its mandate to provide adequate resources to Adult Protective Services and the C/G Program, or (b) Obtain from the State adequate funding to pay for the required services, or (c) Choose to adequately fund the appropriate agencies providing the required services.
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CL2 Page 5Designate a specific legal support person(s) in the County Counsel’s office to assist the C/G Program to provide legal advice, representation and research requirements.
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CL3 Page 5Develop realistic long term solutions to determine which services could be enhanced with restructuring.
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CL4 Page 5Restore the essential staff positions, such as the Public Health Nurse, the Mental Health Specialist and at least four of the Social Workers, to APS that were lost as of Jan 1, 2009.
No Responses Found 1
Government entities assigned to respond to this report. No response documents have been linked in our database.
Contra Costa County Board of Supervisors
Elected County Office