Who to Report Assisted Living Neglect to in California, and When to Call the Ombudsman, APS or Licensing

Adult Protective Services sounds like the obvious agency for any report of elder abuse.

But in California, where the abuse happened makes a difference.

Every county has an APS program.

The California Department of Social Services says those programs help “elder adults (60 years and older)” and dependent adults who may be experiencing abuse, neglect or exploitation.

APS generally investigates situations involving people living in private homes, apartments, hotels or other community settings.

It can also serve people who are experiencing homelessness or are at risk of it.

The same state guidance assigns reports of abuse occurring inside nursing homes and residential care facilities for the elderly to the Office of the State Long-Term Care Ombudsman.

That makes the ombudsman the more appropriate first contact for suspected neglect inside your dad’s assisted living community.

Calling APS doesn’t automatically mean an investigation will be handled by APS itself.

When APS Is the Right Call

Imagine your dad hasn’t moved into assisted living yet.

He’s living alone, missing meals and struggling to manage his medication.

A neighbor has also noticed someone taking money from his bank account.

Those are the kinds of concerns APS may investigate.

The agency addresses abuse, neglect, self-neglect and exploitation of older or dependent adults living in the community.

For help finding your county’s APS program, call 1-833-401-0832 and enter the relevant five-digit ZIP code when prompted.

The state says the reporting number operates 24 hours a day, seven days a week.

If you’re uncertain which agency has jurisdiction, explain the person’s living situation when you call.

APS and other agencies have referral and cross-reporting responsibilities, but a clear description helps the report reach the right place sooner.

When to Call the Police or 911

If someone is in immediate danger, call 911.

Don’t wait for the ombudsman to return a call or for a licensing investigation to begin.

Suspected physical or sexual abuse may also need a report to local law enforcement.

California’s licensing complaint guidance specifically advises reporting physical or sexual abuse to police in addition to filing a licensing complaint.

These reports can happen alongside an ombudsman complaint.

You don’t have to decide that only one agency should know what happened.

California assisted living communities are licensed by the Department of Social Services through its Community Care Licensing Division, commonly called CCLD.

Licensing looks at a different question from the ombudsman.

Rather than primarily advocating for your dad, its staff investigate possible violations of the rules a licensed community must follow.

That can include concerns about resident care, supervision, staffing requirements, medication practices or residents’ rights.

When an investigation substantiates a violation, licensing has enforcement tools that can include citations and other regulatory actions.

California gives residents the right to contact licensing directly.

The state’s assisted living personal rights form, LIC 613C, says they have the right “To contact the State Department of Social Services, the long-term care ombudsman, or both.”

That last phrase is useful.

You don’t have to wait for an ombudsman to finish helping your dad before asking the licensing agency to look into a suspected violation.

How to File a Licensing Complaint

The Community Care Licensing complaint hotline is 844-538-8766.

You can also email letusno@dss.ca.gov or use the state’s online complaint information page.

When you file, identify the assisted living community and describe the issue clearly.

Include the dates of the incidents, what you witnessed and whether the concern is ongoing.

For example, instead of saying that staff never help your dad, explain that he waited approximately an hour after requesting bathroom assistance on two specific mornings.

Include any relevant written communications.

The state says a complainant’s name will remain anonymous unless permission is given to use it.

If you want updates, ask what contact information the agency needs and how confidentiality will be handled.

Keep the complaint reference number, if one is provided.

Ask how you can follow up and whether the local regional licensing office will handle the investigation.

Ombudsman or Licensing, or Both?

Think about the outcome you’re seeking.

If your dad needs someone to hear his concerns, explain his rights and advocate for changes in his daily care, the ombudsman is a strong place to begin.

If you believe the community is violating California licensing requirements, file with CCLD.

An inspection or regulatory investigation may be appropriate even when staff have promised to fix the issue.

For serious or repeated concerns, both calls may make sense.

The agencies have different jobs, and using one doesn’t automatically replace the other.

You also don’t need proof beyond doubt before making a good-faith report.

Describe what you know, distinguish facts from suspicions and let the appropriate agency decide what to investigate.

You can also learn from complaints and inspections that happened before your family became concerned.

California’s facility search provides licensing information about assisted living communities.

The state says, “Complaint Investigation Reports on facilities are now available.”

Its website contains five years’ worth of facility information.

Start with the facility’s name and license record.

Look at the dates of investigations, the findings and whether citations were issued.

A complaint being reported is not automatically proof that a violation occurred.

Pay attention to repeated problems.

Several findings involving similar issues over time may tell you more than one isolated event.

Also look for evidence of corrective action and ask the community what changed afterward.

Online records aren’t necessarily the complete history.

The department advises contacting the local regional licensing office for additional details about facilities and citations.

This review is useful before choosing a residence, too.

It gives you questions to bring on a tour instead of relying only on photographs, reviews or the community’s own description of its care.

• California Department of Aging. “Long-Term Care Ombudsman (Consumer).” California Department of Aging.
• California Code of Regulations (Cornell LII). “Cal. Code Regs. Tit. 22, § 87468.2 – Additional Personal Rights of Residents in Privately Operated Facilities.” Legal Information Institute.
• California Department of Social Services. “Adult Protective Services.” California Department of Social Services.
• California Department of Social Services. “LIC 613C Personal Rights, Residential Care Facilities for the Elderly.” Community Care Licensing Division.
• California Department of Social Services. “CCLD Complaint Hotline.” Community Care Licensing Division.
• California Department of Social Services. “Facility Search Welcome.” Community Care Licensing Division.

Disclaimer: This article provides general educational information about reporting suspected elder abuse, neglect and resident rights violations in California assisted living facilities. It is not a substitute for legal advice, medical evaluation or guidance from the appropriate protective agency. The Long-Term Care Ombudsman Program, Adult Protective Services and California Community Care Licensing Division have different responsibilities and reporting procedures. Agency jurisdiction and investigative processes may vary depending on the circumstances. If you suspect abuse or neglect, contact the appropriate agency promptly. For immediate danger or a medical emergency, call 911. Reporting concerns in good faith does not require proof that a violation has occurred.