The 2014-2015 Santa Clara County Civil Grand Jury (Grand Jury) received a complaint regarding the purported failure of law enforcement’s use of California Penal Code Section 368 in reporting incidences of elder and/or dependent adult abuse, especially when the alleged abuse was mental or emotional. The complaint suggested that law enforcement agencies whose policies did not include a specific reference to Penal Code 368 were more likely to treat elder and/or dependent abuse as social service, not criminal, issues.
• Do county law enforcement manuals contain the policies, rules, and
procedures to be used by officers in the field specifically reference
Penal Code Section 368 or sufficiently encompass its intent?
• Is there uniformity among County law enforcement agencies as to
how to address elder and dependent adult abuse?
• Is the training that county law enforcement officers receive
regarding elder and dependent adult abuse sufficient?
• Are there adequate avenues for reporting elder and/or dependent
adult abuse so that the Office of the District Attorney (DA’s Office)
is able to prosecute appropriate cases?
Protecting Our Most Vulnerable Residents: 2014-2016 Santa Clara County Civil Grand Jury Report