New mental health and conservatorship laws come at a cost to Sonoma County

Written by: Noah Abrams

When calendars turn over to January 1st each year, a slate of new state laws go into effect.

One of those, Senate Bill 43, is going to mean tradeoffs for Sonoma, and the rest of California's 58 counties.

'Grave disability' is one of the main focus points of Senate Bill 43.

Signed by Governor Gavin Newsom in 2024, the law expands the definition.

Now 'grave disability' means a severe substance use disorder, and an inability to provide for one’s personal safety or necessary medical care

Both are now reason for involuntary mental health holds as well.

Sonoma County Health Services' David Evans provided an example scenario.

"We all know and see sometimes people wandering in traffic," Evans said. "You wonder to yourself, 'how can we get that person to a higher level of care?' That person can now be placed into an involuntary setting because of the change in this law."

SB 43 also changes California's conservatorship laws.

The 1967 Lanterman-Petris-Short Act reshaped the mental health care landscape in California; ending the era of indefinite and involuntary commitment for those with mental health issues.

The LPS Act created what's called 5150's. Those are 72 hour mental health holds.

It also created LPS conservatorships. That's a legal mechanism in which a court appoints a "conservator" to make legal decisions for an incapacitated individual.

197 Sonoma County residents are currently under LPS conservatorships, many of them are being cared for at mental health facilities outside the county.

There an additional 12 individuals from Sonoma County under Murphy conservatorships, meant for individuals who are deemed 'gravely disabled' and have often committed violent felonies.

While the new SB43 rules open up more opportunities to place mentally unstable or incapacitated individuals into treatment, the law doesn't have any state funding attached to it, and that's a worry said Supervisor David Rabbitt.

"Unfunded mandates are way too easy to pass," Rabbitt said at the October 28th Board of Supervisors meeting. "There's nuggets in there that would be great if we could have the resources in there to go forward with that."

Sonoma County health staff estimate the new rules under SB 43 could add another 50 individuals into conservatorships, bringing the county's total to around 250.

County health staff said they are concerned they will need to cut costs in some areas of the county's healthcare system to cover the increased costs associated with the likely new conservatorships. 

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New mental health and conservatorship laws come at a cost to Sonoma County 

New Laws Target Fraud, Elder Abuse in Oklahoma

By AARP Bulletin

Two new state laws — both of which were set to take effect Nov. 1 — focus on enhancing protections for older adults.

One AARP-backed law sets regulations for the use of cryptocurrency kiosks, also called crypto ATMs. Criminals have been increasingly using the machines to steal money via transactions that are difficult for law enforcement to trace. The kiosks can look like regular bank ATMs and are often located in gas stations, grocery stores and other businesses. The new law sets a daily transaction limit of $2,000 for new customers, among other safeguards.

Another new law — the Oklahoma Elder Exploitation and Abuse Act — creates a civil legal pathway for incapacitated and vulnerable adults to seek justice against those who abuse, neglect or exploit them.

The law allows claims to be filed by an individual or a designee in any district court where the adult lives or lived at the time of the incident. It also enables courts to issue restraining orders and ensures access to relevant records. Go to aarp.org/ok to learn more. 

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New Laws Target Fraud, Elder Abuse in Oklahoma 

2 arrested after elderly woman tells bank workers she was kidnapped, Ceres police say

By Steve Mellish

CERES, Calif. — Ceres police have arrested two people suspected of kidnapping an elderly woman after she informed bank employees of her situation.

Bank employees called police when the woman told them she had been kidnapped and ordered to withdraw a large amount of money, police said.

Police responded and immediately arrested 38-year-old Delia Kelly. Officers found and arrested 33-year-old Nicholas Payton, who is a felon on probation, police said. Officers said they found a gun in Payton's backpack and he had outstanding warrants.

Both suspects face kidnapping and elder abuse charges. The victim was reunited with her family.

Details on what led up to the alleged kidnapping were not released.  

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2 arrested after elderly woman tells bank workers she was kidnapped, Ceres police say 

Massapequa home health aide arrested for stabbing 84-year-old patient, Long Island police say

By Mark Prussin, Jennifer McLogan

A home health care aide from New York City is under arrest for allegedly stabbing and critically injuring an 84-year-old patient at her home on Long Island. 

Amanda Fraser was charged with attempted second-degree murder in connection to the elder abuse case in Massapequa, Nassau County Police said Thursday. 

CBS News New York confirmed the 23-year-old suspect from Queens worked out of Aides At Home. Managers in the senior and elder care provider's Hicksville office said the stabbing was a tragedy and an isolated incident.

"The investigation is ongoing. We're cooperating fully," a manager said. 

Fraser was hospitalized after her arrest to undergo a psychiatric evaluation, sources told CBS News New York. She will be arraigned when medically practical. 

The victim, identified as Wendy Wilson, remains hospitalized in critical condition. Her son said she underwent surgery and was expected to survive. Her 85th birthday is in November.   

Home health aide charged with stabbing patient in bed

The stabbing happened Wednesday at Wilson's home on Bay Drive and Merrick Road.

According to Wilson's son, Fraser, her overnight home health aide, was seen on surveillance video getting into her bed and stabbing her. She allegedly tried to drive away, but crashed in the driveway and ran away. 

Another aide, arriving for the morning shift, discovered blood and a knife on the floor, then found Wilson stabbed in the chest in her bed, her son said. 

Wilson's neighbors and others in the community were left shocked and full of sorrow after the attack.  

"She had dementia and her daytime helper would sit out on the lawn with her, and she wouldn't speak at all," one person said. 

"I think we can all relate to it. I think we all need help, assistance with people, and really just hope that she makes it," said another. 

While police were on the scene searching for the suspect, Massapequa High School and Birch Lane Elementary School were placed under a secure lockdown for about 90 minutes as a precaution.

We reached out to the New York State Health Department, which oversees Aides at Home. They said there have been no enforcement actions in the last 10 years.   

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Massapequa home health aide arrested for stabbing 84-year-old patient, Long Island police say

Residential-care facility owner pleads not guilty in felony elder abuse case

Maria Erolina Delgado, 62, who owns J & M Happy Guest Home, is accused of leaving the facility "severely understaffed," with some residents left in soiled diapers for days at a time, according to prosecutors. 

By Dana Williams

The owner of a San Diego residential care facility who is facing elder abuse charges for the alleged neglect of senior citizens staying at her facility was in court on Wednesday.

Maria Erolina Delgado, 62, who owns J & M Happy Guest Home, is accused of leaving the facility "severely understaffed," resulting in multiple residents suffering from bedsores, dehydration and malnourishment. The California Attorney General's Office also alleged some residents were left in soiled diapers for days at a time.

Delgado, who is out of jail on a $100,000 bail, appeared in court for her arraignment on Wednesday. She pleaded not guilty to all charges and was told that a condition of her bail is that she is unable to care for any elderly or dependent adults she is not related to at her home or at any long-term nursing facility. 

The criminal complaint, filed earlier this month, charges her with two felony and two misdemeanor counts of elder abuse involving four different residents, including Marcia Braun. 

NBC 7 spoke with Braun’s son, Andrew Braun. He explained that his mother went to stay in the home in 2020 after being diagnosed with dementia. He had been her caretaker for some time, but when it grew too difficult, he found J & M. 

“The care seemed to be good," Andrew said. "She seemed to be all right, you know? There was one incident she got a black eye. I think they told me she was getting up, wandering and slipped on the tile floor.” 

Andrew told NBC 7 he had visited the home while his mom was there 

“They have everybody set up in a room," Andrew said. "It’s usually one person per room — might have been two depending on what they were doing. They fed them, they cleaned them, they were pretty much bedridden though, you know?"

Andrew was unaware of the charges but said he was “not surprised,” in general, and that you have to “believe everybody” is doing the right thing. Marcia has since moved out and is now being cared for at a facility in Vista, her son said. 

"Our elders deserve care that is safe, dignified and consistently held to the highest standards," state Attorney General Rob Bonta said in a statement. "When those entrusted with the care of elderly residents fail to live up to these standards and put Californians in harm's way, we take action."

All the conduct at J & M Happy Guest Home allegedly occurred in 2020, according to the complaint. Delgado faces two felony charges; both carry maximum sentences of four years in prison; and two misdemeanor charges, with a maximum of six months each.

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Residential-care facility owner pleads not guilty in felony elder abuse case 

Court docs: Indy home health worker had videos showing sex abuse of nonverbal patients

by Ryan Murphy

An Indianapolis home health assistant was arrested after a child pornography investigation uncovered evidence of sexual abuse against non-verbal adult patients.

The Indianapolis Metropolitan Police Department began investigating Jason Burkley, 38, after Google tipped off the National Center for Missing and Exploited Children on Oct. 1.

Investigators found hundreds of files of child sex abuse material on a Google account connected to Burkley, according to court documents. Detectives said the investigation also uncovered videos of extreme sex acts with two "severely autistic, non-verbal adults for whom (Burkley) is employed to be the night-shift home health caregiver."

Burkley is not registered as a home health aide through the state's health department, according to a public database.

He told police he works for a company called "Caregivers." Court documents provided no other details about the company. IndyStar found two businesses providing home health services with similar names. When reached for comment, a representative for Indianapolis-based Caregivers, Inc. said that Burkley had never worked for the company. A separate company, Caregiver, did not immediately respond to a request for comment.

A video of an extreme sex act was playing on Burkley's living room TV when he opened the door to police on Oct. 21, according to investigators. A timestamp on the video indicated that it had been recorded earlier that day.

A 9mm pistol and "suspected methamphetamine" were in plain view during the raid, detectives wrote.

In a custodial interview, Burkley told investigators he's provided home health services to two disabled men for several years. He "stated that he knew that neither of the men could consent (to sex) due to their mental disabilities."

He blamed methamphetamine for his actions, according to court documents.

A detective who interacted with the abused patients described them as "profoundly intellectually disabled." Both require constant supervision and assistance with tasks of daily living, like eating, police wrote.

Burkley faces two preliminary counts of raping a mentally disabled person and nine preliminary counts of possession of child sex abuse material. Final charging decisions will be made by the Marion County Prosecutor's Office. 

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Court docs: Indy home health worker had videos showing sex abuse of nonverbal patients 

Woman charged in relation to financial elder abuse, Redland Bay

Detectives from Wynnum Criminal Investigations Branch have charged a woman with 40 offences after investigations into fraudulent purchases in August.

Police will allege the woman stole a debit card from a 104-year-old man through her employment at an aged care facility in Redland Bay and used it to make personal purchases and withdrawals between 19 August to 21 August. 

Detectives commenced an investigation on 21 August after a report was received from another employee at the facility on behalf of the 104-year-old man after he noticed his debit card was missing. The aged care facility worked closely with investigators throughout their enquiries.  

Police will further allege the woman’s unauthorised transactions from the elderly victim’s debit card accumulated to thousands of dollars.

The woman was arrested at a Birkdale address on 28 October. 

A 32-year-old Birkdale woman was subsequently charged with 40 counts of stealing, 

She is expected to appear before Cleveland Magistrates Court on 11 November.

South Brisbane District Bayside Crime Group Detective Inspector Wayne Francis says the Queensland Police Service is committed to working with older people, the community and support agencies to stop harm to our elders.

“Offences of this nature are a terrible breach of trust against some of our most vulnerable members in society.”

“We thank the aged care facility for alerting us to the issue as soon as the debit card was discovered to be missing and for working with investigators to get justice for the victim.”

“We encourage all members of our community to be aware of the signs of elder abuse and to report suspected elder abuse immediately.”

What is elder abuse?

Elder abuse is a single or repeated act – or lack of appropriate action – occurring within any relationship where there is an expectation of trust, which causes harm or distress to an older person.

The five abuse subtypes are commonly recognised as:

• Financial abuse
• Physical abuse
• Sexual abuse
• Psychological abuse (otherwise known as emotional abuse)
• Neglect.

Signs of elder abuse

If you suspect an older person is being subjected to elder abuse, pay close attention and see if you can identify any of the signs or behaviour changes, some signs those at risk may exhibit.

If you suspect elder abuse is happening, don’t wait for proof. Call the Elder Abuse Helpline on 1300 651 192 for free, confidential advice and referral.

Everyone has a right to a respectful relationship, including the elderly. Together we can stop elder abuse.

Be aware of changes in general behaviour including:

• fear of one or many persons,
• irritability or being easily upset,
• worry or anxiety for no obvious reason,
• depression, anxiety or withdrawal,
• changes in sleep patterns or eating habits,
• rigid posture and avoidance of contact,
• avoidance of eye contact or continuous darting of eyes,
• contradictory statements unrelated to mental confusion, and
• reluctance to talk openly.

Who can help?

If you or someone you know is experiencing elder abuse, there are options available to help and support.

If a crime is happening now, call Triple Zero (000). If not, think Policelink and call 131 444.

The Elder Abuse Helpline provides free, confidential advice, support and referral to anyone experiencing abuse, suspecting or witnessing abuse of an older person. To contact the Elder Abuse Helpline call 1300 651 192.

For more information about elder abuse, visit Elder abuse | Seniors | Queensland Government.

If you have information for police, contact Policelink by providing information using the online suspicious activity form 24hrs per day at www.police.qld.gov.au/reporting or call 131 444.

Report crime information anonymously via Crime Stoppers. Call 1800 333 000 or report online at www.crimestoppersqld.com.au.

Quote this reference number: QP2501481260

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Woman charged in relation to financial elder abuse, Redland Bay 

Harris County Man Charged with Injury to Elderly Father in Prominent Elder Abuse Case

By Alyssa Ford

Harris County Precinct 4 deputies responded to a disturbance call in the Bonaire Subdivision last Saturday, where an investigation determined that a 75-year-old man had been assaulted by his son. Authorities reported that the case was treated as elder abuse, prompting immediate enforcement action, as reported by the Harris County Constable Precinct 4.

"Kristoffer Ritter Medina was arrested and booked into the Harris County Jail, charged with Injury to Elderly," as stated by the Harris County Constable Precinct 4. His bond was set at $15,000 in connection with the incident.

According to the Harris County Constable Precinct 4 on their Facebook page, Constable Mark Herman’s Office continues to address elder abuse cases in the community. The office provides updates on crime, arrests, safety information, and traffic incidents through its website, social media platforms, and the “C4 NOW” mobile app. Residents are encouraged to follow these channels for real-time information. The case involving Kristoffer Ritter Medina is one of the elder abuse cases recently reported by the office.

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Harris County Man Charged with Injury to Elderly Father in Prominent Elder Abuse Case 

Fugitive of the Week: Gage T. Elledge wanted for financial exploitation of elderly, theft

by KHQA News Desk 

ADAMS COUNTY, Illinois — The Adams County Fugitive of the Week for the week of Oct. 27 is 21-year-old Gage T. Elledge.

Elledge is wanted by the Adams County Sheriff's Dept. for financial exploitation of the elderly and theft over $500.

He's described as a white male, standing 6'5" and weighing 317 pounds, with brown hair and blue eyes.

His last known address is the 2000 block of Verona Court in Quincy.

If you know where Elledge may be, you're asked to contact Quincy Regional Crime Stoppers.

You can submit a tip in one of three ways:

• Call the Crime Stoppers hotline at (217) 228-4474
• Submit a tip by downloading the P3 Tips Mobile App
• Or go online by clicking here

If an arrest is made based on your tip, you may be eligible for a cash reward.

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Fugitive of the Week: Gage T. Elledge wanted for financial exploitation of elderly, theft