Santa Clara County Grand Jury
• 2014-2015
2014-2015 Santa Clara County Civil Grand Jury Report Protecting Our Most Vulnerable Residents
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⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings and Recommendations 7 findings
F1
The San Jose Police Department’s duty manual refers to the County Child Abuse Protocol and not to the County Elder and Dependent Adult Abuse Protocol.
Related Recommendations (1)
R1
The San Jose Police Department should revise its duty manual to refer to the County Elder and Dependent Adult Abuse Protocol.
F2
The Los Altos Police Department’s duty manual does not reference the Santa Clara County Elder and Dependent Adult Abuse Protocol.
Related Recommendations (1)
R2
The Los Altos Police Department should revise its duty manual to reference the Santa Clara County Elder and Dependent Adult Abuse Protocol.
F3
The Milpitas Police Department’s duty manual does not reference the Santa Clara County Elder and Dependent Adult Abuse Protocol.
Related Recommendations (1)
R3
The Milpitas Police Department should revise its duty manual to reference the Santa Clara County Elder and Dependent Adult Abuse Protocol.
F4
The Morgan Hill Police Department’s duty manual does not reference the Santa Clara County Elder and Dependent Adult Abuse Protocol.
Related Recommendations (1)
R4
The Morgan Hill Police Department should revise its duty manual to reference the Santa Clara County Elder Abuse Protocol.
F5
The Mountain View Police Department’s duty manual does not reference the Santa Clara County Elder and Dependent Adult Abuse Protocol.
Related Recommendations (1)
R5
The Mountain View Police Department should revise its duty manual to reference the Santa Clara County Elder and Dependent Adult Abuse Protocol.
F6
The Elder and Dependent Adult Abuse Protocol for Santa Clara County Law Enforcement, dated July 2010, has not been revised in five years, is over 100 pages long, and should be revised and shortened.
Related Recommendations (14)
R6A
The City of Campbell Police Department, as a member of the Police Chiefs’ Association of Santa Clara County, should advocate for revision of the Elder and Dependent Adult Abuse Protocol for Santa Clara County Law Enforcement.
R6B
The City of Gilroy Police Department, as a member of the Police Chiefs’ Association of Santa Clara County, should advocate for revision of the Elder and Dependent Adult Abuse Protocol for Santa Clara County Law Enforcement.
R6C
The City of Los Altos Police Department, as a member of the Police Chiefs’ Association of Santa Clara County, should advocate for revision of the Elder and Dependent Adult Abuse Protocol for Santa Clara County Law Enforcement.
R6D
The Cities of Los Gatos / Monte Sereno Police Department, as a member of the Police Chiefs’ Association of Santa Clara County, should advocate for revision of the Elder and Dependent Adult Abuse Protocol for Santa Clara County Law Enforcement.
R6E
The City of Milpitas Police Department, as a member of the Police Chiefs’ Association of Santa Clara County, should advocate for revision of the Elder and Dependent Adult Abuse Protocol for Santa Clara County Law Enforcement.
R6F
The City of Morgan Hill Police Department, as a member of the Police Chiefs’ Association of Santa Clara County, should advocate for revision of the Elder and Dependent Adult Abuse Protocol for Santa Clara County Law Enforcement.
R6G
The City of Mountain View Police Department, as a member of the Police Chiefs’ Association of Santa Clara County, should advocate for revision of the Elder and Dependent Adult Abuse Protocol for Santa Clara County Law Enforcement.
R6H
The City of Palo Alto Police Department, as a member of the Police Chiefs’ Association of Santa Clara County, should advocate for revision of the Elder and Dependent Adult Abuse Protocol for Santa Clara County Law Enforcement.
R6I
The City of San Jose Police Department, as a member of the Police Chiefs’ Association of Santa Clara County, should advocate for revision of the Elder and Dependent Adult Abuse Protocol for Santa Clara County Law Enforcement.
R6J
The City of Santa Clara Police Department, as a member of the Police Chiefs’ Association of Santa Clara County, should advocate for revision of the Elder and Dependent Adult Abuse Protocol for Santa Clara County Law Enforcement.
R6K
The Office of the Sheriff of Santa Clara County, as a member of the Police Chiefs’ Association of Santa Clara County, should advocate for revision of the Elder and Dependent Adult Abuse Protocol for Santa Clara County Law Enforcement.
R6L
The City of Sunnyvale Department of Public Safety, as a member of the Police Chiefs’ Association of Santa Clara County, should advocate for revision of the Elder and Dependent Adult Abuse Protocol for Santa Clara County Law Enforcement.
R6M
The County of Santa Clara Office of the District Attorney, as a member of the Police Chiefs’ Association of Santa Clara County, should advocate for revision of the Elder and Dependent Adult Abuse Protocol for Santa Clara County Law Enforcement.
R6N
The Santa Clara County Department of Correction, as a member of the Police Chiefs’ Association of Santa Clara County, should advocate for revision of the Elder and Dependent Adult Abuse Protocol for Santa Clara County Law Enforcement.
F7
There is no document to be given to elder and dependent adult abuse victims containing a list of available resources.
Related Recommendations (1)
R7
The County, through County of Santa Clara; Social Services Agency; Adult Protective Services, and the County of Santa Clara Office of the District Attorney should collaborate on a document for law enforcement agencies to provide elder and dependent adult abuse victims advising them of available and applicable resources.
Conclusions 71
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CL1 Page 13The San Jose Police Department’s duty manual refers to the County Child Abuse Protocol and not to the County Elder and Dependent Adult Abuse Protocol.
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CL2 Page 13The Los Altos Police Department’s duty manual does not reference the Santa Clara County Elder and Dependent Adult Abuse Protocol.
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CL3 Page 13The Milpitas Police Department’s duty manual does not reference the Santa Clara County Elder and Dependent Adult Abuse Protocol.
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CL4 Page 13The Morgan Hill Police Department’s duty manual does not reference the Santa Clara County Elder and Dependent Adult Abuse Protocol.
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CL5 Page 14The Mountain View Police Department’s duty manual does not reference the Santa Clara County Elder and Dependent Adult Abuse Protocol.
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CL6 Page 14The Elder and Dependent Adult Abuse Protocol for Santa Clara County Law Enforcement, dated July 2010, has not been revised in five years, is over 100 pages long, and should be revised and shortened.
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CL7 Page 16There is no document to be given to elder and dependent adult abuse victims containing a list of available resources.
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CL8 Page 18Administrators, supervisors, and any licensed staff of a public or private facility that provides care or services for elder or dependent adults
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CL9 Page 18Any elder or dependent adult care custodian
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CL10 Page 18Health practitioners
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CL11 Page 18Employees of a county adult protective services agency
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CL12 Page 3Local law enforcement agencies
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CL13 Page 19The Adult Protective Services FY 15 Budget Revenue Sources
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CL14 Page 19The Adult Protective Services 2013 Annual Report
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CL15 Page 19California Legislative Information: Assembly Bill No. 2034; An Act to Add Section 236 to the Probate Code, and to Add Section 15657.035 to the Welfare and Institutions Code, Relating to Elders and Dependent Adults: Assembly Bill #2034
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CL16 Page 19California Legislative Information: Assembly Bill No. 2171; An Act to Amend Section 1569.886 of to Add Article 2.5 (commencing with section 1569.261) to Chapter 3.2 of Division 2 of the Health and Welfare Code, relating to care facilities: Assembly Bill # 2171
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CL17 Page 19California Legislative Information: Assembly Bill 937; Chapter 127; An Act to Amend Section 2351 of the Probate Code, Relating to Conservators and Guardians: Assembly Bill #937, Chapter 127
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CL18 Page 19California Legislative Information: Assembly Bill No.40; Chapter 659; Elder and Dependent Adult Abuse; Reporting (9/27/2012)
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CL19 Page 19California Penal Code: Section 368
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CL20 Page 19Santa Clara County Police Chiefs’ Association: Child Abuse Protocol for Santa Clara County Law Enforcement (June 2008)
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CL21 Page 19Santa Clara County Police Chiefs’ Association: Elder and Dependent Adult Abuse Protocol
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CL22 Page 19Santa Clara County Police Chiefs’ Association: Domestic Violence Protocol for Law Enforcement (2/10/2011)
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CL23 Page 19Police Chiefs' Association of Santa Clara County: Domestic Violence Protocol for Law Enforcement; 2014; Adopted 03/2014
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CL24 Page 20Elder Abuse/Bill Text – AB40 Elder and Adult Abuse reporting
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CL25 Page 20Family Violence Protocol: Integrated Training for Law Enforcement, Social Services, and Advocates (Module 5: elder and neglect)
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CL26 Page 20Lexipol: Law Enforcement, Fire, Custody (1998-2014)37
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CL27 Page 20The California Department of Aging: Long-Term Care Ombudsman Program (03/28/2012)
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CL28 Page 20The State of California Department of Justice Office of the Attorney General: Elder Abuse Laws (Criminal) (Kamala Harris)
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CL29 Page 20County of Santa Clara Office of the Sheriff: Patrol Procedures (7/10/2014) o Elder and Dependent Adult Abuse Training Standards and o Enforcement Protocol (M. Cuevas) rev. 2014
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CL30 Page 20California Penal Code: Section 368-368.5
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CL31 Page 20California Penal Code Sections: Title 9 Part 1. Of Crimes and Punishments, Of Crimes Against o Elders, Dependent Adults, and Persons with Disabilities Section 15657.8: Elder Abuse and Dependent Adult Civil Protection o Act, Article 9
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CL32 Page 20California Probate Code: Division 2, General Provisions, Part 19: Conveyance or Transfer of Property Claimed to belong to Decedent or Other Person
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CL33 Page 20State and County Population Projections by Major Age Group: 2010-2060 (California Department of Finance, Demographic Research Unit; http://www.dof.ca.gov/research/demographic/reports/projections/P-1/
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CL34 Page 20The State of California Department of Justice Office of the Attorney General: Victims Bill of Rights Act of 2008- Marsy’s Rights (10/21//2014)
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CL35 Page 20California Welfare and Institutions Code: Section 4231.5 o Sections 15610-15610.70 o Section 15630 and 15630.1 o Sections 15633 and 15634 o 37 http://www.lexipol.com/
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CL36 Page 21Santa Clara County; Social Services Agency; Department of Aging & Adult Services; Adult Protective Services Handbook
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CL37 Page 21Police Chiefs’ Association of Santa Clara County: Domestic Violence Protocol for Law Enforcement 2011; (02/10/2011)
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CL38 Page 21The Campbell Police Department’s Law Enforcement Services Manual: Policy 326, Adult Abuse, 1995-2014
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CL39 Page 21The Gilroy Police Department’s Policy Manual: Adult Abuse: Policy 326 (07/28/2014) o Child Abuse: Policy 330 (07/28/2014) o
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CL40 Page 21The Los Altos Police Department’s Policy Manual: Policy 208 Training Policy (08/01/2014) o Policy 326 Adult Abuse (08/26/2013) o
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CL41 Page 21The Los Altos Police Department’s Training Plan
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CL42 Page 21The Los Gatos/Monte Sereno Police Department’s: Policy 326 Elder Abuse o Policy Manual August 2014 o
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CL43 Page 21Merced County Human Services Agency: Family Violence Protocol, Integrated Training for Law Enforcement, Social Services and Advocates, “Elder & Neglect” (03/16/2007)
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CL44 Page 21The Milpitas Police Department’s Policy 326: Adult Abuse (08/28/2014) o Policy 330: Child Abuse o
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CL45 Page 21The Morgan Hill Police Department: Field Training Manual: Elder and Adult Abuse (8/19/2014) o Training Plan and Policy (2012) o
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CL46 Page 21The Mountain View Police Department: Elder Abuse; Policy 326 o Child Abuse Reporting; Policy 330 o Field Training Manual (06/2008) o Policy Manual (05/01/2013) o Trainee Rook Book (06/2014) o
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CL47 Page 22The Palo Alto Police Department’s Policy Manual: Adult Abuse Policy 326 (09/04/2013)
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CL48 Page 22The San Jose Police Department’s: Duty Manual—Policies, Roles, Procedures (2013) o Elder/Dependent Adult Abuse Committee, Procedure Review o (10/01/2014)
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CL49 Page 22The Santa Clara County Adult Protective Services Policy: Steps to Report Dependent Adult or Elder Abuse to Adult Protective Services (rev. 2014)
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CL50 Page 22The Santa Clara County Office of the Sheriff’s Policy: Elder and Dependent Adult Abuse Training Standards and Enforcement Protocol
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CL51 Page 22The Santa Clara County Office of the Sheriff; Procedure Review
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CL52 Page 22The Santa Clara Police Department’s: General Order 42.1: Criminal Investigation: Organization and o Administration (4/2006) General Order 91.2: Reporting of Dependent or Elder Abuse o (4/2006)
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CL53 Page 22The Sunnyvale Public Safety Department’s Policy: Elder and Adult Abuse Committee; Procedure Review Articles
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CL54 Page 22U.S. Administration for Community Living; Press Release (6/14/2013)
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CL55 Page 22Adult Protective Services Presentation Report
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CL56 Page 22Adult Protective Services Training Report
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CL57 Page 22Adult Protective Services, Santa Clara County, Financial Abuse Specialist Team (F.A.S.T.) (09/25/2014)
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CL58 Page 22Coalitions by State—Center of Excellence on Elder Abuse Neglect
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CL59 Page 22Elder Abuse Investigation (Richard Calhoun)
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CL60 Page 22Elder and Dependent Adult Abuse (1/2011)
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CL61 Page 22Financial Abuse Specialist Team Practice Guide, Santa Clara County 1.0 (9/25/2014)
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CL62 Page 22History and Role of the Long Term Care Ombudsman Program (9/2008)
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CL63 Page 23Lack of Oversight Puts In-Home Clients at Risk: San Jose Mercury (1/10/2015)
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CL64 Page 23Local Family Justice Centers Offer Help to Domestic Violence Victims (Andie Waterman) (09/17/2014)
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CL65 Page 23The PPJ Gazette: Guardianship Abuse: Testimony for the Senate Judiciary Committee (09/28/2011)
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CL66 Page 23Relevant Statutes re: California Welfare and Institutions Code (section 15610.70): Undue Influence: Schwartz and Schwartz (8/11/2014)
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CL67 Page 23Reporting Elder Abuse: San Jose Police Department (2014)
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CL68 Page 23Shouse California Law Group: California Elder Abuse Laws; Penal Code 368pc
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CL69 Page 23Welcome to NASGA: Guardianship/Conservatorship Can be Bad for Your Health and Wealth (9/10/2014)
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CL70 Page 23What is Elder/Dependent Adult Abuse? Memoranda/Miscellaneous/Media
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CL71 Page 23United States Department of Health and Human Services, Administration for Community Living, US Department of Health and Human Services, Press Release (06/25/2014)