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SOC 341: Report of Suspected Dependent Adult/Elder Abuse
By Sevana Care · Checked against cdss.ca.gov and Title 22 on
- When it is due
- For known, suspected or alleged physical abuse, abandonment, abduction, isolation, financial abuse or neglect in an RCFE: a verbal report to local law enforcement immediately, and no later than two hours, and a written report within 24 hours to the long-term care ombudsman, local law enforcement and the state licensing agency [6].The one exception, and the seven-day rule for psychological abuse, are under When it is due below [6][11].
- Who fills it out
- The reporter fills it out.The form says a mandated reporter "shall complete this form for each report of known or suspected instance of abuse" [1]. The duty is individual, and "no supervisor or administrator shall impede or inhibit the reporting duties" [6].
SOC 341 is the California Department of Social Services (CDSS) form for reporting suspected abuse of an elder or dependent adult. Its own text says it is required under Welfare and Institutions Code (WIC) §§ 15630 and 15658(a)(1) [1]. For abuse in an RCFE, § 15630(b)(1)(A) sets a verbal report to local law enforcement immediately, and no later than two hours, and a written report within 24 hours to the long-term care ombudsman, local law enforcement and the state licensing agency [6]. One case has no verbal report: abuse allegedly caused by another resident with dementia diagnosed by a licensed physician, with no serious bodily injury [6].
Who fills it out
The reporter fills it out. The form says a mandated reporter "shall complete this form for each report of known or suspected instance of abuse" [1] when they:
- have observed or have knowledge of an incident that reasonably appears to be abuse or neglect
- are told of it by the elder or dependent adult
- reasonably suspect it
Items A to J are for the reporting party. Item K is "Receiving agency use only" [1].
WIC § 15630(a) says a mandated reporter is a person who has assumed full or intermittent responsibility for the care or custody of an elder or dependent adult, "including administrators, supervisors, and any licensed staff of a public or private facility that provides care or services for elder or dependent adults" [6]. WIC § 15610.17 defines a care custodian as "an administrator or an employee of any of the following public or private facilities or agencies, or persons providing care or services for elders or dependent adults, including members of the support staff and maintenance staff." Residential care facilities for the elderly are on that list [7]. Care custodians are named in § 15630(a) as mandated reporters [6].
The duty is the reporter's own. WIC § 15630(f) says "The reporting duties under this section are individual, and no supervisor or administrator shall impede or inhibit the reporting duties" [6]. The form says no one, including a supervisor, employer or lawyer, can excuse a mandated reporter from the personal duty to report [1]. Mandated reporters must give their names on the form [1].
The form is not specific to RCFEs. It is an Adult Protective Services (APS) program form, listed by CDSS with the APS program forms [3]. CDSS says people not employed by a financial institution should complete SOC 341 [4], and its Senior Care Licensing page lists it under mandated reporter forms [5].
When it is due
An RCFE is a long-term care facility under WIC § 15610.47(e) [8]. For abuse that occurred in one, WIC § 15630(b)(1)(A)(ii) says:
"In all other instances, immediately or as soon as practically possible, but no longer than two hours, the reporter shall submit a verbal report of the known, suspected, or alleged instance of abuse to the local law enforcement agency, and shall submit a written report to all of the following agencies within 24 hours" [6]:
- the long-term care ombudsman
- the local law enforcement agency
- the corresponding state licensing agency
The form says to make the verbal report by telephone [1].
One case is different. Under § 15630(b)(1)(A)(i), "if the abuse was allegedly caused by another resident of the facility with dementia diagnosed by a licensed physician and there was no serious bodily injury," the reporter submits a written report within 24 hours to the long-term care ombudsman and the local law enforcement agency. Clause (i) lists no verbal report [6]. Clause (ii) applies "in all other instances" [6]. 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" [9].
When the clock starts. The time limit "begins when the mandated reporter observes, obtains knowledge of, or suspects the abuse or neglect" [6]. Example (not the dementia case): a staff member sees what reasonably appears to be physical abuse at 2 pm. The call to law enforcement is due right away and by 4 pm at the latest. The written reports are due by 2 pm the next day.
What the rule covers. Section 15630(b)(1) covers an incident that reasonably appears to be physical abuse, as defined in § 15610.63, abandonment, abduction, isolation, financial abuse or neglect [6]. For types of abuse "for which reports are not mandated," § 15630(c)(1) says a mandated reporter "may report" [6]. Title 22 § 87211(b) and (c) send RCFE abuse reports to § 15630(b)(1) [11].
In an RCFE, psychological abuse by staff or other residents is still a seven-day written report to licensing and to the person responsible for the resident under Title 22 § 87211(a)(1)(D) [11]; see LIC 624.
Where it is kept
Where each report goes. The verbal report goes to local law enforcement [6]. The written report goes to the ombudsman, local law enforcement and the state licensing agency (in the dementia case, the ombudsman and local law enforcement only) [6]. The form names CDSS as the licensing agency for community care facilities [1]. The ombudsman and law enforcement then forward RCFE cases to the State Department of Social Services (§ 15630(b)(1)(D)(ii)) [6]. Item J of the form lists each agency that received the report, with its address or fax and the date mailed or faxed [1].
Do not send it to the Adult Programs Division. The form says: "DO NOT SEND A COPY TO THE CALIFORNIA DEPARTMENT OF SOCIAL SERVICES ADULT PROGRAMS DIVISION" [1].
Your copy. The form says the mandated reporter shall send the written report to the designated agencies "and keep one copy for the reporter's file" [1].
It is confidential. The form is headed "CONFIDENTIAL REPORT - NOT SUBJECT TO PUBLIC DISCLOSURE" [1]. WIC § 15633(a) says reports made under § 15630 "shall be confidential and may be disclosed only as provided in subdivision (b)" [10].
How long to keep it. Neither the form [1] nor WIC § 15630 [6] gives a period for the reporter's copy. CDSS's list of records an RCFE keeps does not list SOC 341 [12].
What the record must show
The form. Item by item, the form asks for [1]:
- A, B: the victim and the suspected abuser. If an item is unknown, the form says to enter "unknown."
- C: the reporter's observations, including whether the alleged abuser still has access to the victim and whether the allegation involves serious bodily injury.
- D: the reporting party, with name, signature, occupation and relation to the victim.
- E, F: the date and time, the place of the incident, and the types of abuse.
- G, H: other people believed to know of the abuse, and the family member or person responsible for the victim's care.
- I: the telephone report: who was called, the name of the official, the telephone number, and the date and time.
- J: the written report: each agency, its address or fax, and the date mailed or faxed.
The telephone report. WIC § 15630(e) says a telephone report includes, if known [6]:
- the name of the person making the report
- the name and age of the elder or dependent adult
- the present location
- the names and addresses of family members or any other adult responsible for their care
- the nature and extent of the condition
- the date of the incident
- any other information the receiving agency asks for, including what led the reporter to suspect abuse
Questions
Is SOC 341 the same as LIC 624?
No. SOC 341 is an Adult Protective Services form [3]. LIC 624 is the unusual incident/injury report that CDSS lists in the records an RCFE keeps [12]. Title 22 § 87211(b) and (c) send abuse of an elder or dependent adult to the reporting rules in WIC § 15630(b)(1) [11]. The LIC 624 page covers the incident report.
Does the serious bodily injury question change the deadline?
Only in the dementia case. Clause (i) applies where "there was no serious bodily injury"; clause (ii) applies "in all other instances" [6]. The form asks whether the allegation involves serious bodily injury in item C [1].
Can the administrator decide whether I report?
The duty is the reporter's own. Section 15630(f): "The reporting duties under this section are individual, and no supervisor or administrator shall impede or inhibit the reporting duties" [6]. Staff may set up internal procedures to help with reporting, "provided they are not inconsistent with this chapter" [6].
If two staff members saw the same thing, do both file?
Under § 15630(d), when two or more mandated reporters are present and jointly have knowledge or reasonable suspicion, and they agree, one of them may make the telephone report and make and sign a single report. A member who knows the chosen member did not report "shall thereafter make the report" [6].
How Sevana Care keeps this record
When staff suspect abuse, they need to know who to tell. Once a suspected abuse incident is logged in Sevana Care, its checklist lists who must be told (law enforcement, the long-term care ombudsman and licensing) and by when. Staff log each call or written report on that checklist. The incident copy spot in a resident's documents says not to upload a SOC 341, because Welfare and Institutions Code § 15633(a) says reports made under § 15630 "shall be confidential". Browse the Incidents tab in the sample home.
More in Medication, incident reports and safety plans
Sources
- CDSS, SOC 341 (2/24), Report of Suspected Dependent Adult/Elder Abuse (PDF)
- CDSS, Forms and Publications (Q-T)
- CDSS, Adult Protective Services Program Forms
- CDSS, Information for Mandated Reporters
- CDSS, Public Information and Policies, Senior Care Licensing (lists SOC 341)
- Welfare and Institutions Code § 15630 (leginfo.legislature.ca.gov)
- Welfare and Institutions Code § 15610.17, "Care custodian" (leginfo.legislature.ca.gov)
- Welfare and Institutions Code § 15610.47, "Long-term care facility" (leginfo.legislature.ca.gov)
- Welfare and Institutions Code § 15610.67, "Serious bodily injury" (leginfo.legislature.ca.gov)
- Welfare and Institutions Code § 15633 (leginfo.legislature.ca.gov)
- California Code of Regulations, Title 22, § 87211, Reporting Requirements (Westlaw)
- CDSS, LIC 311F (4/05), Records To Be Maintained At The Facility, Residential Care Facility For The Elderly (PDF)