Davis

INTRODUCTION

In this case, we address the mental state which is required for a criminal conviction for failure to report abuse or suspected abuse of a dependent adult in violation of the Elder Abuse and Dependent Adult Civil Protection Act. (Welf. & Inst. Code, § 15600 et seq., hereafter sometimes the Act or the Elder Abuse Act.)

Deborah Davis (defendant), a licensed nursing home administrator, was convicted in a nonjury trial of one count of failing to report abuse or suspected abuse of a dependent adult, a misdemeanor. (§ 15630, subds. (b)(1), (h).) She asserts that the trial court erred by finding her guilty based on its conclusion that a reasonable person in defendant’s position would have entertained a suspicion that abuse had occurred. Defendant contends that she cannot be held criminally liable for a violation of section 15630 unless she subjectively recognized that the incident in question constituted abuse. She argues that the language of section 15630, coupled with the “reasonable suspicion” standard articulated in section 15610.65, means that she was permitted to apply her expertise as a nursing home administrator and determine, based on standards prevailing…