SB 651, as amended, Pavley. Developmental centers and state hospitals.
Existing law establishes the State Department of Developmental Services and sets forth its powers and duties relating to the administration of the state developmental centers. Existing law establishes the State Department of State Hospitals and sets forth its powers and duties relating to the administration of state hospitals.
This bill would require designated investigators of developmental centers and state hospitals tobegin delete ensure that aend deletebegin insert authorize a sexual assault forensic medical examination for anyend insert resident of a developmental center orbegin delete aend deletebegin insert
anyend insert resident of a state hospital, as applicable, who is a victim or suspected victim of sexual assault, as defined,begin delete is provided a medical evidentiary examinationend delete
performed at an appropriate facility off the grounds of the developmental center or state hospital in accordance with specified provisions.
Existing law requires a developmental center to immediately report specified incidents involving a resident to the local law enforcement agency having jurisdiction over the city or county in which the developmental center is located. Existing law provides for the licensure and regulation of health facilities, including long-term care facilities, as defined, by the State Department of Public Health. Existing law provides for a citation system for the imposition of civil penalties against long-term care facilities, including penalties specifically applicable to certain skilled nursing facilities and intermediate care facilities, in violation of applicable laws and regulations.
This bill would deem a developmental center’s failure to report to local law enforcement a class B violation, as specified, and subject to the penalties applicable to those certain skilled nursing and intermediate care facilities, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1424.6 is added to the Health and Safety
2Code, to read:
Failure by a developmental center to report incidents
4as required under subdivision (a) of Section 4427.5 of the Welfare
5and Institutions Code shall be deemed a class B violation and shall
6be subject to the penalties specified in Section 1424.5.
Section 4313.5 is added to the Welfare and Institutions
8Code, to read:
Designated investigators of state hospitals shallbegin delete ensure begin insert authorize a sexual assault forensic medical examination for
10that aend delete
11anyend insert resident of a state hospital who is a victim or suspected victim
12of sexual assault, as defined in Section 15610.63,begin delete is provided a performed at an appropriate
13medical evidentiary examinationend delete
14facility off the grounds of a state hospital in accordance with
15Sections 13823.5 to 13823.12, inclusive, of the Penal Code.
Section 4427.5 of the Welfare and Institutions Code
17 is amended to read:
(a) (1) A developmental center shall immediately
19report the following incidents involving a resident to the local law
20enforcement agency having jurisdiction over the city or county in
21which the developmental center is located, regardless of whether
P3 1the Office of Protective Services has investigated the facts and
2circumstances relating to the incident:
3(A) A death.
4(B) A sexual assault, as defined in Section 15610.63.
5(C) An assault with a deadly weapon, as described in Section
6245 of the Penal Code, by a nonresident of the developmental
7center.
8(D) An assault with force likely to produce great bodily injury,
9as described in Section 245 of the Penal Code.
10(E) An injury to the genitals when the cause of the injury is
11undetermined.
12(F) A broken bone, when the cause of the break is undetermined.
13(2) If the incident is reported to the law enforcement agency by
14telephone, a written report of the incident shall also be submitted
15to the agency, within two working days.
16(3) The reporting requirements of this subdivision are in addition
17to, and do not substitute for, the reporting requirements of
18mandated reporters, and any other reporting and investigative
19duties
of the developmental center and the department as required
20by law.
21(4) Nothing in this subdivision shall be interpreted to prevent
22the developmental center from reporting any other criminal act
23constituting a danger to the health or safety of the residents of the
24developmental center to the local law enforcement agency.
25(b) (1) The department shall report to the agency described in
26subdivision (i) of Section 4900 any of the following incidents
27involving a resident of a developmental center:
28(A) Any unexpected or suspicious death, regardless of whether
29the cause is immediately known.
30(B) Any allegation of sexual assault, as defined in Section
3115610.63,
in which the alleged perpetrator is a developmental
32center or department employee or contractor.
33(C) Any report made to the local law enforcement agency in
34the jurisdiction in which the facility is located that involves
35physical abuse, as defined in Section 15610.63, in which a staff
36member is implicated.
37(2) A report pursuant to this subdivision shall be made no later
38than the close of the first business day following the discovery of
39the reportable incident.
40(c) The department shall do both of the following:
P4 1(1) Annually provide written information to every developmental
2center employee regarding all of the following:
3(A) The statutory and departmental requirements for mandatory
4reporting of suspected or known abuse.
5(B) The rights and protections afforded to individuals’ reporting
6of suspected or known abuse.
7(C) The penalties for failure to report suspected or known abuse.
8(D) The telephone numbers for reporting suspected or known
9abuse or neglect to designated investigators of the department and
10to local law enforcement agencies.
11(2) On or before August 1, 2001, in consultation with employee
12organizations, advocates, consumers, and family members, develop
13a poster that encourages staff, residents, and visitors to report
14suspected or known abuse and provides
information on how to
15make these reports.
16(d) A failure to report under subdivision (a) shall be deemed a
17class B violation as provided in Section 1424.6 of the Health and
18Safety Code.
Section 4427.7 is added to the Welfare and Institutions
20Code, to read:
Designated investigators of developmental centers
22shallbegin delete ensure that aend deletebegin insert authorize a sexual assault forensic medical
23examination for anyend insert resident of a developmental center who is a
24victim or suspected victim of sexual assault, as defined in Section
2515610.63,begin delete is provided a medical evidentiary examinationend delete performed
26at an appropriate facility off the grounds of the developmental
27center in accordance with Sections 13823.5 to 13823.12, inclusive,
28of the Penal Code.
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