Mandatory Reporting of Elderly Abuse in Residential Facilities
From abandonment, to broken bones, financial exploitation or neglect, elder abuse takes a horrific toll on one of America's most vulnerable populations. In recent years, nursing homes and residential care facilities have undergone tougher scrutiny from the news media and regulators looking to answer the challenge. State legislatures have responded to public outcry by making it mandatory for professionals like counselors, doctors and social workers to report abuse or neglect, and holding them accountable when they fail to do so.
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Types
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Abusing elderly people is a crime in every state. The National Center on Elder Abuse defines the term as any knowing, intentional or negligent act by a caregiver that may harm a vulnerable adult. These acts can take several forms, including physical, sexual and emotional abuse, according to the center. This is different from exploitation or neglect, in which the caregiver fails to provide, or deliberately withholds, food, shelter or medicines that an elderly person may need.
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Signs of Abuse
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Learn to recognize the signals of abuse, which will reveal the nature of the problem, the center advises. Unexplained bedsores, bone breaks, bruises and burns can indicate physical abuse or neglect, while sudden personality changes or fearfulness may indicate some kind of emotional abuse. Bruises around genital or breast areas, on the other hand, are often a signal of sexual abuse. An inability to pay bills, or a drastically changed financial situation, may be suggestive of financial exploitation, according to the center.
Considerations
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Elder abuse should not be confused with self-neglect, which is often an outgrowth of alcohol and drug dependency, Alzheimer's disease, dementia or generally declining health, the center advises. Major symptoms include hoarding, an inability to handle basic housekeeping, malnutrition and refusing to take necessary medications, according to the center's website, ncea.aoa.gov. Solutions might include referrals to assisted living services, which help people continue to function adequately on their own. However, if the self-neglect is too advanced, a guardian may have to be appointed.
Who Must Report?
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Reporting requirements generally divided along mandatory and non-mandatory lines in many states. Illinois law, for example, creates a class of mandatory reporters, such as clergy, doctors, nurses, nursing-home aides, psychologists and social workers. Professionals in this category who fail to report elder abuse risk losing their licenses and may even face fines or criminal charges. The law also encourages non-mandatory, or voluntary, reporting of abuse from the victim's friends, relatives and neighbors.
How to Report Abuse
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Adult Protective Services agencies are the first defense against elder abuse in most states. Workers from these agencies have broad investigative powers, which may trigger the arrangement of economic, legal, medical or social services to help a vulnerable elderly adult, the center notes. Nursing homes, on the other hand, fall under the oversight of consumer protection offices for licensing. Attorneys general's offices are geared more to criminal prosecutions, but may also launch civil suits to shut down nursing homes with poor records.
Problem/Solution
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Failing to report abuse can have devastating consequences, as the infamous Kern Valley case shows and attorney Jonathan Rosenfeld noted in a blog post for "Long-Term Living" magazine. An investigation by the California attorney general linked three deaths to overdrugging ordered by the home's director, who lost a previous job over similar allegations, Rosenfeld advises. To avoid problems, Rosenfeld recommended carefully screening prospective new employees and promoting an "open door" policy that encourages others to report abuse when they witness it.
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- Photo Credit Image by Flickr.com, courtesy of Meena Kadri
