Liability & LegalQuestion 109 of 200

Welfare & Institutions Code §15630 establishes mandatory reporting for elder and dependent adult abuse by 'mandated reporters.' For security guards in California, the most accurate description is:

a.All security guards are mandated reporters by virtue of holding a guard card, so a failure to report suspected elder abuse is itself a misdemeanour
b.Guards may report elder abuse only with their employer's written consent, since the report is made on the licensee's behalf and in its name
c.Only sworn peace officers are permitted to report elder abuse, and a private guard who files such a report commits an unauthorised disclosure of confidential medical information about the resident concerned and may be disciplined for it
d.Security guards are not automatically mandated reporters under §15630, but those employed in elder/dependent care facilities or by long-term care ombudsman programs may be; voluntary reporting is always available and protected

Explanation

W&I Code §15630 lists statutory categories of 'mandated reporters' of elder and dependent adult abuse — including care custodians, health practitioners, clergy, and law enforcement. Possession of a guard card does not by itself confer mandated-reporter status. However, guards employed in skilled nursing facilities, residential care for the elderly, or hospitals may be 'care custodians' under §15610.17 and thus mandated. Voluntary reports by anyone are encouraged and protected by §15634 (immunity for good-faith reports). Reports go to Adult Protective Services or local law enforcement. Peace-officer-only reporting (c) and consent requirements (b) are incorrect.

Law Reference: Cal. Welfare & Institutions Code §15630

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