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The Legal Department articles are not intended to serve as legal advice and are offered for educational purposes only. The information provided should not be used as a substitute for independent legal advice and it is not intended to address every situation that could potentially arise. Please be aware that laws, regulations and technical standards change over time. As a result, it is important to verify and update any reference or information that is provided in the article.
One of the more significant legal responsibilities that licensees, interns, and trainees have is the reporting of elder and dependent adult abuse.
The Therapist March/April 2006 David Jensen, JD (Former CAMFT Staff Attorney) Reviewed November, 2022 by Kristin W. Roscoe, JD (CAMFT Staff Attorney)
One of the more significant legal responsibilities that licensees, associates, and trainees have is the reporting of elder and dependent adult abuse. With that said, however, there seems to be some confusion surrounding the types of things that constitute elder and dependent adult abuse as well as how, when, and where to file reports of such abuse. Since practitioners are required by law to report elder and dependent adult abuse, it is a subject that needs to be understood. Moreover, according to the California Department of Justice, the problem of elder abuse is likely to increase in the coming years as those who comprise the “Baby Boom” generation continue to turn 65 years of age.1 Hence, practitioners may be exposed to more and more cases of suspected or actual elder or dependent adult abuse in the next few years. Practitioners then should have a firm grasp of the fundamentals of reporting elder or dependent adult abuse so that they can fulfill their reporting responsibilities. The purpose of this article is to highlight the fundamentals of reporting elder and dependent adult abuse under The Elder Abuse and Dependent Adult Civil Protection Act.2
Are MFT Trainees, Registered Associate MFTs, and Licensees Mandated Reporters of Elder and Dependent Adult Abuse? Yes. Trainees, associates, and licensees are health practitioners, and health practitioners are mandated reporters of elder and dependent adult abuse when they are working within their professional capacities or the scope of their employment.3 This means, however, that a trainee, intern, or licensee is not a mandated reporter when he or she is off work and is neither engaging in the practice of marriage and family therapy nor offering to perform and/or holding oneself out as able to perform such service. When off work, a trainee, intern, or licensee, just like any other citizen, may report elder or dependent adult abuse, but he or she is not legally required to do so.
Who is an Elder? Who is a Dependent Adult? An elder is any person who resides in California who is 65 years of age or older. Residing in California means that the person intends to make California his or her home; however, simply vacationing or conducting business in California does not make someone a resident of California for reporting purposes.4
A dependent adult is a person between the ages of 18 and 64 who resides in California and who has physical or mental limitations that restrict his or her ability to carry out normal activities or protect his or her rights, or a person between the ages of 18 and 64 who is admitted as an inpatient into a twenty-four hour health facility.5 Restrictions on one’s abilities to carry out normal activities would include cooking, bathing, toileting, or operating an automobile or telephone. The restriction on normal life activities can be the result of physical or developmental disabilities, or simply because the person’s physical or mental abilities have diminished because of age.
Notice, however, that the person does not have to be completely disabled to be a dependent adult; a simple restriction on one’s ability to carry out normal life activities or protect one’s rights is enough to make someone a dependent adult for reporting purposes.
Types of Elder or Dependent Adult Abuse There are, at a minimum, seven types of elder or dependent adult abuse that necessitate the filing of an elder or dependent adult abuse report: physical abuse, abandonment, abduction, isolation, financial abuse, neglect, and the failure of a “care custodian” to provide goods or services that are necessary to avoid physical pain or mental suffering.6
Although these terms reflect some sophisticated legal concepts, you do not have to know the precise legal definitions of them for reporting purposes. However, you do need to have a working knowledge of them because you need to know enough to know or reasonably suspect when they have occurred. For instance, how will you suspect that an assault has occurred if you do not know what an assault is? In reality, however, you do not have to know with certainty whether the assault, or other type of abuse, actually occurred. You only have to have reasonable suspicion that it occurred. You are not the judge or the jury; you are also not the attorney prosecuting the case. Your role is simply to report the abuse if you suspect that it has occurred. This is an important concept because even if the government’s investigation reveals that elder or dependent adult abuse did not occur, you are immune from civil liability and criminal prosecution as a mandated reporter. The bottom line is this: if you have a reasonable suspicion that elder or dependent adult abuse occurred, report it!
Moreover, you should not worry about filing a report that may turn out to be false or untenable because the Act, indirectly, at least, encourages the over-reporting of elder and dependent adult abuse anyway. The Act does this by granting immunity to health practitioners who make elder or dependent adult abuse reports, but reserving the right to punish those health practitioners who fail to report instances of abuse that should have been reported. The reality of the situation is this: err on the side of reporting because reporting, as opposed to not reporting, best protects you as the mandated reporter.
What About Mental Suffering? With regards to the types of elder or dependent adult abuse listed above, you may have noticed that “mental suffering” does not appear on the list of things that necessitates the filing of an elder or dependent adult abuse report. Mental suffering is a special type of elder or dependent adult abuse. It is also a special type of child abuse, for that matter, although it is frequently referred to as “emotional abuse” in the child abuse milieu. Under the child abuse laws, mental suffering, depending on the facts of the case, could be either a mandated or a permitted exception to confidentiality; under the Act, however, for the reporting of elder and dependent adult abuse, mental suffering is not required to be reported. This is one of the fundamental differences between the reporting of child abuse and the reporting of elder or dependent adult abuse.
By “mental suffering,” the Act means such things as fear, agitation, confusion, or severe depression or other forms of serious emotional distress engendered by intimidating behavior, threats, harassment, or deceptive acts or false or misleading statements made with malicious intent to agitate, confuse, frighten, or cause severe depression or serious emotional distress of the elder or dependent adult.7 The reporting of mental suffering experienced by an elder or a dependent adult is not mandated, meaning not required, by the Act. However, a health practitioner may report such abuse, but he or she is not legally require to do so. A health practitioner may also report as elder or dependent adult abuse circumstances that endanger an elder or dependent adult’s emotional well-being in any way.8
Physical Abuse There are six types of physical abuse: assault; battery; assault with a deadly weapon; unreasonable physical constraint, or prolonged or continual deprivation of food or water; sexual assault; and, the use of physical or chemical restraints or psychotropic medication for improper purposes.9
Before examining the types of things that constitute elder or dependent adult abuse, it is important to consider some so-called warning signs of potential abuse. According to the California Department of Justice, in an elder or dependent adult abuse situation, there may be physical or behavioral signs that may evidence that abuse is occurring.10 In terms of physical warning signs, a health practitioner would look for things like uncombed or matted hair; poor skin condition or hygiene; unkempt or dirty; patches of hair missing or bleeding scalp; any untreated medical condition; malnourished or dehydrated; foul smelling; torn or bloody clothing; scratches, blisters, lacerations, or pinch marks; unexplained bruises or welts; burns; injuries that are incompatible with the explanations; and any injuries that reflect an outline of an object, such as a belt, cord, or hand.
In terms of behavioral signs, the elder or dependent adult may be withdrawn; confused or extremely forgetful; depressed; helpless or angry; hesitant to talk freely; frightened; or secretive.
Of course, the existence of one or more of these signs does not necessarily mean that abuse has occurred, but they do serve as analytical tools for ferreting out abuse. You do need to divorce yourself from the concept of being right or wrong about whether the abuse actually occurred or not. The more fundamental question is: should I suspect abuse? If so, report it.
1. Assault An assault is one type of physical abuse. An assault occurs when there is an unlawful attempt, coupled with a present ability, to commit violent injury on the person of another.11 Words alone are insufficient to constitute an assault.12 However, when words are combined with actions, such as the raising of a fist or the brandishing of a knife or firearm, an assault is likely to have occurred. For instance, if a person tells an elder that he is going to strike the elder but then walks away, no assault has occurred; however, if the person tells the elder that he is going to strike the elder and then moves towards the elder with clenched fists, an assault has occurred.
But, what if you as the health practitioner are not sure about whether the perpetrator did walk away? The information should be reported to Adult Protective Services anyway. Even though the words themselves may not legally constitute an assault, the threat at least raises the suspicion of mental suffering and the possibility of an assault. Again, a mandated reporter is not the judge or the jury about whether the abuse actually occurred. The role of the mandated reporter is simply to report the abuse if he or she suspects that it has occurred. The government’s investigation will determine whether it occurred or not.
2. Battery A battery is another type of physical abuse. A battery occurs when there has been a willful and unlawful use of force or violence upon the person of another.13 Certainly, a punch in the nose would be a willful and unlawful use of force, but the law does not require that the physical contact be that severe. A slight touching can be enough if the touching is unprivileged.14 A shove, for instance, could constitute a battery, just as a pat on the buttocks could constitute a battery.
3. Assault With a Deadly Weapon An assault with a deadly weapon is another type of physical abuse. The gravamen of this type of abuse is an assault committed against an elder or dependent adult involving some type of deadly weapon. But, what, exactly, is a deadly weapon?
The test of whether something is a deadly weapon is basically whether the object, instrument, or weapon is used in such a manner as to be capable of producing death or great bodily injury.15 All sorts of things can be deadly weapons. For instance, firearms, knifes, automobiles, animals, razor blades, and beer bottles. However, hands and feet are not considered deadly weapons because they are not extrinsic to the human body.16 Of course, should an elder or a dependent adult be struck by the hand of another, it would be reportable as a battery but not as an assault with a deadly weapon.17
4. Physical Restraints/Deprivations of Food or Water Physically restraining an elder or dependent adult, or depriving an elder or dependent adult of water or food may also be a type of physical abuse. There is no statutory definition in the Act for the phrase “unreasonable physical restraint” or “prolonged or continual deprivation of food or water.
With regard to physical restraints, there appears to be at least two situations in which the use of a physical restraint may arise. First of all, grabbing and holding someone is a type of physical restraint. The key issue then is why was the elder or dependent adult grabbed or held? Was it to protect the person from harming themselves or others? Or, was it to prevent the person from using the telephone to summon help? The former is probably not elder or dependent adult abuse, assuming that the actual grabbing and holding was reasonable under the circumstances, meaning of a temporary nature and just to prevent the elder or dependent adult from harming himself or herself or harming others. The latter certainly is elder or dependent adult abuse, both in terms of a physical restraint and in terms of isolating an elder or dependent adult.
Physical restraints are also used in hospitals, skilled nursing facilities, and other care facilities to prevent patients from harming themselves or others. In general, however, physical restraints should only be used pursuant to a physician’s orders, on a temporary basis, to prevent an elder or dependent adult from harming themselves or others. If a physical restraint is being used to restrain an elder or dependent adult for any other purpose, such as for punishment or the convenience of staff, the incident should be reported as abuse.
Moreover, depriving an elder or dependent adult of food and water on a prolonged or continual basis certainly raises a suspicion of possible abuse.
5. Sexual Assault Although sexual assault constitutes a type of physical abuse, there are nine different types of sexual assault: sexual battery, rape, rape in concert, spousal rape, incest, sodomy, oral copulation, sexual penetration, and lewd or lascivious acts. The Act specially defines each of these types of sexual activity.
The first type of sexual assault is sexual battery, which means the touching of an elder’s or dependent adult’s “intimate parts” for sexual arousal or sexual gratification without consent. The concept of touching includes any physical contact with an elder or dependent adult, even if clothing covers the intimate part. Hence, the touching does not have to be skin to skin to constitute sexual assault. By an “intimate part,” the Act means the sexual organ, anus, groin, or buttocks of a person and the breast of a female.18
The second type of sexual assault is rape, which means an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator where the victims will has been overcome because the victim could not consent because of a mental disorder, or a developmental or physical disability; through force, duress, violence, or threats of violence, etc.; through the use of intoxicating substances; or, because the victim was unconscious of the nature of the act.19
The third type of sexual assault is rape in concert, which means an act of rape that is committed by more than one individual against a victim.20 Consequently, a rape with more than one perpetrator is an example of a rape in concert.
The fourth type of sexual assault is spousal rape, which means an act of sexual intercourse that is committed against one spouse without that spouse’s consent. The spouse/victim’s consent can be overcome by force, duress, threats of violence, etc.; by giving the spouse/victim intoxicating or anesthetic substances; or, where the spouse/victim is unconscious of the nature of the act.21
The fifth type of sexual assault is incest, which means a sexual relationship between a parent and a child; ancestors or descendants of every degree; brothers and sisters (of the half or whole blood); or uncles and nieces or aunts and nephews.22
The sixth type of sexual assault is sodomy, which means an act of sexual contact in which the penis of one person contacts the anus of another person.23
The seventh type of sexual assault is oral copulation, which means the act of copulating the mouth of one person with the sexual organ or anus of another person.24
The eighth type of sexual assault is sexual penetration, which means the penetration of a genital or anal opening or causing another to so penetrate, against a person’s will, for the purpose of sexual arousal, gratification, or abuse by any foreign object, substance, instrument, or device.25
The ninth type of sexual assault is lewd and lascivious acts, which, within the context of the Act, means that a caretaker has used force, duress, violence, menace, or intimidation to get a dependent person to perform sexual acts for the caretaker’s own sexual gratification.26
6. Within the meaning of the Act, the concept of physical abuse also includes the use of physical or chemical restraints or psychotropic medications for punishment; for a period of time beyond that which a physician has authorized; or, for any purpose not authorized by a physician.
The Concept of “Serious Bodily Harm” When it comes to the issue of physical abuse, you must also think about whether the “physical abuse” resulted in “serious bodily injury” to an elder or dependent adult. This refers to an injury involving extreme physical pain, substantial risk of death, or protracted loss or impairment of function of a bodily member, organ, or of mental faculty, or requiring medical intervention, including hospitalization, surgery, or physical rehabilitation.”27
If the “physical abuse” resulted in “serious bodily injury,” the time frames for reporting and the destinations of reports could change, depending on whether such injury occurred in a long-term care facility. We will discuss the six scenarios for reporting elder or dependent adult abuse.
Other Types of Abuse
Abandonment Abandonment means deserting or willfully forsaking an elder or dependent adult under circumstances in which a reasonable person would continue to provide care and custody.28
Abduction Abduction means taking an elder or a dependent adult out of California or preventing them from returning to California without their consent29
Isolation Isolation means preventing an elder or a dependent adult from receiving their mail or phone calls; meeting with their visitors; preventing an elder or dependent adult from leaving; or telling a visitor that the elder or dependent adult is not present or does not to interact with the visitor when such information is false.30
Financial One form of financial abuse occurs when a person or entity takes, secretes, appropriates, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud.31 It can be as simple as taking money out of an elderly person’s pocket, or as complex as tricking an elder into signing over the Trust Deed to the elder’s home as part of an estate planning service. This type of abuse can be particularly devastating because an elder’s life savings can be wiped out in a matter of minutes.
The California Department of Justice specifically cautions elders about telemarketing fraud; identity theft; home improvement scams; predatory lending schemes; and estate planning schemes.32 Any facts evidencing a conflict of interest between the elder or dependent adult and such professionals should be reported as abuse so that the government can investigate the situation to determine whether abuse has occurred.
Neglect Neglect occurs when someone who is caring for an elder or a dependent adult fails to assist in personal hygiene or in the provision of food, clothing, or shelter; fails to provide necessary physical or mental health care; fails to protect from health or safety hazards; or, fails to prevent malnutrition or dehydration.
Neglect is also present if an elder or dependent adult cannot take care of themselves because of poor cognitive functioning, mental limitations, substance abuse, or chronic poor health.33
Deprivation by a Care Custodian of Goods or Services Necessary to Avoid Physical Harm or Mental Suffering A “care custodian” is an administrator or employee, including support and maintenance staff, of a facility, whether public or private, of an agency, or a person that provides care or services to elders or dependent adults. The concept of a “care custodian” is very broad. For example, it includes such things as hospitals, clinics, home health agencies, foster homes, independent living centers, regional centers, county welfare departments, private assistance agencies, and persons providing health or social services to elders or dependent adults, among others.34
By the concept of “goods or services necessary to avoid physical harm or mental suffering,” the Act means such things as medical care for physical or mental health needs; assistance with personal hygiene; adequate clothing; adequately heated and ventilated shelter; protection from health and safety hazards; protection from malnutrition; and, transportation and assistance necessary to secure the types of things mentioned above.35
An Exception for Reporting Elder or Dependent Adult Abuse The reporting of elder or dependent adult abuse is different than the reporting of child abuse because the Act creates an exception from one’s reporting responsibilities. This exception allows practitioners to sift potentially real cases of elder or dependent adult abuse from ones that may have been imagined by an elder or dependent adult. However, this exception is limited to a specific set of circumstances.
If an elder or a dependent adult tells a psychotherapist that he or she has been abused physically or financially, abandoned, abducted, isolated, or neglected, the psychotherapist does not have to report the incident if all of the following things are true:
Note, however, that this exception is only applicable when an elder or dependent adult tells a psychotherapist that he or she has been the victim of physical or financial abuse; isolation; abduction; abandonment; or, neglect. This exception is not available if the psychotherapist observes independently or has knowledge of an incident from other sources that reasonably appears to be physical or financial abuse; isolation; abduction; abandonment; or neglect.36
May Two or More Health Practitioners File a Single Report? Two or more health practitioners may file a single report if the practitioners are all present and agree that abuse has occurred or conclude that at least a suspicion of abuse has arisen. It is possible for a trainee and a supervisor, or an associate and a supervisor, or a licensee in conjunction with other health practitioners, to combine their reporting obligations and file a single report. However, if the health practitioner who is supposed to file the single report fails to do so, then each of the other practitioners must file his or her own report. Thus, it is important for practitioners to make sure that the report is actually filed when reports are filed jointly.37
What is the Standard for Determining Whether Elder or Dependent Adult Abuse Has Occurred? Practitioners must report incidents of elder or dependent adult abuse in one of three situations:
However, the case of People v. Davis (2005) 126 Cal. App. 4th 1416 clarifies that mandated reporters are not allowed to apply their subjective expertise to determine if one of these types of abuse has occurred; rather, mandated reporters are required to report the abuse if the circumstances give rise to an objective basis for suspecting that abuse has occurred.
The Davis case is interesting because in it a licensed administrator of a skilled nursing facility was prosecuted criminally for failing to file a dependent adult abuse report. The administrator knew that a member of the facility’s staff had used force to subdue a patient; however, the patient was not a threat to himself or to anyone else. Although force was applied to the patient to subdue him, the administrator determined that no dependent adult report had to be filed because the patient had not been injured while being subdued. However, the Court of Appeal disagreed with the administrator’s contention and upheld her criminal conviction. The Court believed that the subduing of the patient, who, again, was not dangerous to himself or to others, at least amounted to an assault, a battery, or an unreasonable physical restraint, any of which should have necessitated the filing of a dependent adult abuse report.
WHEN, HOW, AND WHERE TO REPORT? There are six different reporting scenarios.
Reporting Scenario Number One If the “physical abuse” results in “serious bodily injury” to an elder or dependent adult, and the abuse occurred in a long-term care facility, such as a skilled nursing facility, a community care facility, or a residential care facility, among others, except a state mental hospital or a state developmental center, the mandated reporter must telephone local law enforcement within two hours of observing, obtaining knowledge of, or suspecting such abuse and injury occurred, and the written report must be made to local law enforcement, the local ombudsman, and the long-term care facility’s licensing agency within two hours of the mandated reporter observing, obtaining knowledge of, or suspecting the physical abuse.41
Reporting Scenario Number Two If the “physical abuse” does not result in “serious bodily injury” to an elder or dependent adult abuse, but it occurred in a long- term care facility, but not a state mental hospital or a state developmental center, the mandated reporter must telephone local law enforcement within 24 hours of observing, obtaining knowledge of, or suspecting such abuse occurred, and the written report must be made to local law enforcement, the local ombudsman, and the long-term care facility’s licensing agency within twenty-four hours of the mandated reporter observing, obtaining knowledge of, or suspecting the physical abuse.42
Reporting Scenario Number Three When the “suspected abuse” is allegedly caused by a resident of a long-term care facility, and the resident has a physician’s diagnosis of dementia, and there is no “serious bodily injury,” as reasonably determined by the mandated reporter, drawing upon his or her training or experience, the reporter shall report the suspected abuse to the local ombudsman or to local law enforcement by telephone immediately or as soon as practicably possible, and by written report within twenty-four hours of acquiring the information.43
Reporting Scenario Number Four If the suspected abuse is not physical abuse, but it is financial abuse, isolation, or abandonment, etc., and such abuse occurred in a “long-term care facility,” except a state mental health hospital or a state developmental center, a telephone report and a written report must be made to either local law enforcement or the local ombudsman. With this option, the “immediately or as soon as practicably possible” standard for the telephone report and the “within two working days” rule for the written report seem to be the principles to follow since no other time periods are mentioned in the Act.44
Reporting Scenario Number Five If the suspected or alleged abuse or neglect occurred in a state mental hospital or a state developmental center and the result led to certain incidents (e.g., death, sexual assault, etc.), the report must be made to designated investigators of the State Department of State Hospitals, or the State Department of Developmental Services, and to local law enforcement.45 With this situation, a report shall be made no later than within two hours of the mandated reporter acquiring the information.
Reporting Scenario Number Six If the suspected abuse occurred in any place other than a long-term care facility, a state mental hospital, or a state developmental center, the report must be made to adult protective services or to local law enforcement agency, with the “immediately or as soon as practicably possible” standard applying for the telephone report and the “within two working days” rule applying for the written report.46
Immunity 47
addressed this subject by granting immunity from civil liability and criminal prosecution to health practitioners who make elder or dependent adult reports. This immunity is absolute; it insulates a practitioner from liability or prosecution even if a subsequent investigation reveals that the practitioner was wrong about what he or she suspected. A health practitioner actually places himself or herself in a stronger position legally by reporting than by not reporting. Immunity from civil liability and criminal prosecution is a beneficial thing, but it is only available to those practitioners who actually file elder or dependent adult abuse reports.47
Conclusion As mandated reporters of elder or dependent adult abuse, practitioners must understand what types of things constitute elder or dependent adult abuse as well as how and when to file an elder or dependent adult abuse report. This article has been designed to give you an overview of the fundamentals of elder and dependent adult abuse reporting, but should you have additional questions regarding these issues, or if you just want to confirm that you have an accurate understanding of them, please call and consult with CAMFT.
1 A Citizen’s Guide to Preventing & Reporting Elder Abuse, California Department of Justice (2002) 2 The Elder Abuse and Dependent Adult Civil Protection Act (“Act”) is found at California Welfare & Institutions Code § 15600 et seq. Unless otherwise noted all references are to provisions of the Act. 3 California Welfare and Institutions Code § 15610.37 and § 15630(b) 4 California Welfare and Institutions Code § 15610.27 5 California Welfare and Institutions Code § 15610.23(a)-(b) 6 California Welfare and Institutions Code § 15610.07 7 California Welfare and Institutions Code § 15610.53. 8 California Welfare and Institutions Code § 15630(c)(1) 9 California Welfare and Institutions Code § 15610.63 10 A Citizen’s Guide to Preventing & Reporting Elder Abuse, California Department of Justice (2002) 11 California Penal Code § 240 12 Tomblinson v. Nobil (1951) 103 Cal. App. 2d 266, 269 13 California Penal Code § 242 14 Santa Clara County v. Willis (1986) 179 CA 3d 1240, 1252 at fn.6 15 People v. Aguilar (1997) 16 Cal.4th 1023,1028-1029 16 People v. Aguilar (1997) 16 Cal.4th 1023, 1034 17 California Penal Code § 242 18 California Penal Code § 243.4(g)(1) 19 California Penal Code § 261 20 California Penal Code § 264.1 21 California Penal Code § 262 22 California Family Code § 2200; see also California Penal Code §285 23 California Penal Code § 286 24 California Penal Code § 287 25 California Penal Code § 289(k)(1) 26 California Penal Code § 288 27 California Welfare & Institutions Code § 15610.67 28 California Welfare and Institutions Code § 15610.05 29 California Welfare and Institutions Code § 15610.06 30 California Welfare and Institutions Code § 15610.43 31 California Welfare and Institutions Code § 15610.30(a)(1) 32 A Citizen’s Guide to Preventing & Reporting Elder Abuse, California Department of Justice (2002) 33 California Welfare and style="margin-left:5.05pt;">34 California Welfare and Institutions Code § 15610.17 35 California Welfare and Institutions Code § 15610.35 36 California Welfare and Institutions Code § 15630(b)(3) 37 California Welfare and Institutions Code § 15630(d) 38 California Welfare and Institutions Code § 15630(b)(1) 39 California Welfare and Institutions Code § 15630(b)(3)(A), 15630(b)(1) 40 California Welfare and Institutions Code § 15630 (b)(1) 41 California Welfare and Institutions Code § 15630(b)(1)(A)(i) 42 California Welfare and Institutions Code § 15630(b)(1)(A)(ii) 43 California Welfare and Institutions Code § 15630(b)(1)(A)(iii) 44 California Welfare and Institutions Code section 15630(b)(1)(C) 45 California Welfare and Institutions Code § 15630(b)(1)(E) 46 California Welfare and Institutions Code § 15630(b)(1)(F) 47 California Welfare and Institutions Code § 15634