Mandatory Reporting of Elder Abuse in California
Elder abuse is a hidden crime in California--for every case reported, another five go unreported, according to the California Advocates for Nursing Home Reform. The California Department of Social Services notes that 110,000 reports of abuse were made during the state fiscal year 2006 to 2007.
Some people who routinely come in contact with the elderly, often professional workers known as mandated reporters, are required by law to report cases of actual or suspected elder abuse in California.
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Mandated Reporters
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Mandated reporters must report elder abuse in California, according to the California Department of Social Services. Mandated reporters include people who work in long-term care facilities; professionals working in social, health or law enforcement agencies are also considered mandated reporters.
Regardless of whether they're paid, anyone in California with full or intermittent responsibility for taking care of an elderly person is considered a mandated reporter, according to California Advocates for Nursing Home Reform.
California law protects mandated reporters from being sanctioned or penalized for making reports. The reports remain confidential, and mandated reporters are protected from civil or criminal liability when acting in good faith.
Non-Mandated Reporters
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Non-mandated reporters aren't required to report, but anyone who suspects elder abuse may report it to appropriate agencies, according to California Advocates for Nursing Home Reform. Non-mandated reports are also confidential, and those people reporting them are also protected from civil and criminal liability when acting in good faith.
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Mandatory Reporting Process
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In California, mandated reporters are required to report both actual and suspected abuse. Mandated reporters working at an institution may report to law enforcement officials or appropriate licensing agencies. California nursing home employees may report to the California State Department of Health Services, Licensing and Certification division. California elderly residential care facility employees may report to the California Department of Social Services, Community Care Licensing division.
Private elder abuse may be reported to law enforcement or Adult Protective Services. Reports should be made within two days of an incident using standard reporting form "Report of Suspected Elder/Dependant Adult Abuse." Forms are available through the California Department of Social Services.
Signs of Elder Abuse
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Both mandated and non-mandated reporters should watch for signs of abuse. Abuse can be physical, emotional or sexual, or involve neglect or financial exploitation.
Signs of physical abuse include unexplained bruises, scars or welts. Watch for incidents where caregivers belittle or threaten an elder--these are potential signs of emotional abuse. Signs of sexual abuse could include unexplained genital infections or torn clothing. Unusual weight loss or unsanitary living conditions could reflect neglect. Missing cash or sudden bank withdrawals could signify financial exploitation.
Penalties
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There are penalties when mandatory reporters fail to report actual or suspected elder abuse incidents. Penalties range from a misdemeanor charge, jail sentence, fine or combination of these, according to California Advocates for Nursing Home Reform.
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References
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