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Information for Mandated Reporters - Adult Protective Services

Every APS case starts with the initial abuse report.  APS can help abuse and/or neglect victims only when problems are brought to our attention.  Mandatory reporting laws exist to ensure that victims of abuse get the help they need as quickly as possible.

California Law, under the Welfare & Institutions Code for Elder Abuse, provides for mandatory reporting of physical abuse, neglect, self neglect, sexual abuse, mental suffering, financial abuse, isolation, abandonment or abduction of an elder or dependent adult when:

• The victim reports abuse has occurred or has knowledge of abuse.
• You observe the incident.
• When an injury or condition reasonably leads one to suspect that abuse has occurred.

The law requires mandated reporters to make a verbal report immediately or as soon as practical, followed by a written report (SOC 341) within two (2) working days.

Examples of who must report:

• Care Custodians
• Health Practitioners
• County Welfare Departments
• Employees of Law Enforcement Agencies
• Employees of Fire Departments
• Employees of humane societies and animal control agencies
• Employees of environmental health and building code enforcement
• Clergy members
• Any other protective, public, sectarian, mental health, private assistance, or advocacy agency, or person providing health services or social services to elders or dependent adults
• Any Person who has assumed full or intermittent responsibility for care or custody of an elder or dependent adult.

A complete list of mandated reporters can be found on  the SOC 341 form that is used for filing written reports of abuse. Scroll to form SOC 341 at the following web site: 

California State Department of Social Service On-line Forms and Publications 

You will need Adobe Acrobat Reader to view or print this form.  Acrobat Reader is available for free download at the web site.

Failure of a Mandated Reporter to report suspected abuse and/or neglect is a misdemeanor

Confidentiality:

• The identity of all persons who report shall be confidential. Violation of statutory confidentiality is a misdemeanor. APS may reveal the names of reporting parties only to other investigative agencies as specified by law.
• No person required to report elder abuse will bear criminal liability for reporting suspected abuse.
• No supervisor or administrator may impede or prohibit reporting.
• A victim of abuse may refuse or withdraw consent to any investigation or provision of services, which are initiated as a result of the report, unless a violation of the Penal Code has been alleged.

To make a report of abuse and/or neglect, or discuss your concerns,

call: (408) 975-4900 or 1-800-414-2002

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