In a civil action for a violation of the Elder Abuse and Dependent Adult Civil Protection Act, information acquired through discovery and is protected from disclosure by a protective order shall remain protected, except for information that is evidence of elder or dependent adult abuse. Such information may be filed with the court and shall remain confidential under the protective order for 30 days, after which it will become part of the public court record. A party may petition for a protective order of such information upon a showing of good cause.
Any person responsible for the care or custody of an elder dependent adult is a mandated reporter. Mandated reporters must immediately report any known or suspected instance of physical abuse, abandonment, abduction, isolation, financial abuse, or neglect by telephone and followed up with a written report, unless what of the exceptions listed apply.
Mandated reporters may report to the appropriate agency any reasonably suspected elder or dependent adult abuse or any endangerment to the adult's emotional well being not required to be reported.
If the county adult protective services agency is required to report to a law enforcement agency, upon request the law enforcement agency must provide a copy of the investigative report to the adult protective services agency and vice versa. Disclosure of reports shall not include confidential social services records or case files or any disclosure prohibited by law.
Nonmandated reporters who are aware or suspect abuse of an elder or dependent adult may report the abuse to the ombudsman if it occurred in long-term facility or local law enforcement agency, and if occurring elsewhere to the county adult protective services agency or local law enforcement agency.
Reports of elder and dependent adult abuse are confidential and may only be disclosed to permitted persons and agencies and between multidisciplinary team members and such members have the same confidentiality obligations as the person disclosing the information.
Information pertaining to elder or dependent adult abuse may be disclosed to an adult protective services investigator, a local law enforcement agency, the district attorney's office, the public guardian's office, the probate court, the bureau, or a Department of Consumer Affairs investigator.
A victim of elder or dependent adult abuse may refuse or withdraw consent to an investigation or the services of an adult protective services agency or long-term care ombudsman program. An ombudsman may only act with the victim's consent and may only disclose confidential information after obtaining the victim's consent or in accordance with a court order.
In court and administrative proceedings, the physician-patient privilege and the psychotherapist-patient privilege apply to the information required to be reported regarding elder and dependent adult abuse.
An adult protective services agency must immediately report to the appropriate law enforcement agencies cases of elder or dependent adult abuse and any known or suspected criminal activity involved by telephone and followed with a written report.
