Easton

Easton v. Sutter Coast Hospital

Good Law
2000 Cal. App. LEXIS 340·2000 Daily Journal DAR 4557·80 Cal. App. 4th 485·95 Cal. Rptr. 2d 316·2000 Cal. Daily Op. Serv. 3370
Court of Appeal of CaliforniaApril 28, 2000A086976California4,156 words

Opinion

Opinion

Poche, J.

In this case we are called upon to construe the breadth of the immunity from civil liability conferred by Welfare and Institutions Code section 15634 both for those who report suspected elder abuse and those who facilitate access to the victims of suspected abuse. The section provides that “No . . . health practitioner . . . who reports a known or suspected instance of elder or dependent adult abuse shall be civilly or criminally liable for any report required or authorized by this article.” (§ 15634, subd. (a).) The section goes on to provide that “Any . . . health practitioner, or employee of . . . a local law enforcement agency who, pursuant to a request from an adult protective services agency or a local law enforcement agency, provides the requesting agency with access to the victim of a known or suspected instance of elder or dependent adult abuse shall not incur civil or criminal liability as a result of providing that access.” (§ 15634, subd. (b).) We construe the section to create an absolute privilege in those individuals required to make such reports and for those specified individuals who provide access to the suspected victims of elder abuse.

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