REPORT TO COUNCIL
SUBJECT
Title
Approve the City's Response and Authorize the Mayor to Sign the Letter in Response to the 2014-2015 Santa Clara Civil Grand Jury Final Report, "Protecting Our Most Vulnerable Residents"
Report
BACKGROUND
On June 8, 2015, the Santa Clara County Civil Grand Jury (Grand Jury) released a report titled "Protecting Our Most Vulnerable Residents" (Attachment 1). The report details the findings and recommendations from the Grand Jury's investigation into 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. Specifically, the complainant suggested that law enforcement agencies whose policies did not include a specific reference to Penal Code Section 368 were more likely to treat elder and/or dependent abuse as a social service issue and not a criminal matter.
Penal Code Section 368 identifies elders as those 65 and older, and dependent adults as those 18 through 64, and provides for criminal penalties for any person who causes or permits an elder or dependent adult to suffer unjustifiable pain or mental suffering.
California Penal Code 933(c) requires the governing body of the public agency that has been the subject of the Grand Jury report to respond to the Presiding Judge of the Superior Court on the findings and recommendations within 90 days from submission of the report. This response, which is included as Attachment 2 to this report, is due no later than September 8, 2015.
EXISTING POLICY
California Penal Code 933(c): No later than 90 days after the Grand Jury submits a final report on the operations of any public agency to its reviewing authority, the governing body of the public agency shall comment to the Presiding Judge of the Superior Court on the findings and recommendations pertaining to the matters under the control of the governi...
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