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Elder Abuse Laws

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Elder Abuse Laws Elder Abuse Laws Below we have summarized and linked the laws in all 50 states on reporting elder physical abuse. This is not offered as legal advice: please check for updates on your state's statutes and consult a lawyer for advice. Each state’s reporting laws can be found in the center column. This column includes who is a mandatory reporter and what are the penalties if a mandatory reporter fails to report. In the right hand column, the specific civil or criminal statutes that address the penalties for elder abuse. State Reporting Laws Civil or Criminal Statutes Alabama Mandatory reporters Criminal Penalties include the following individuals who have Abuse, Neglect, or Exploitation reasonable belief that a protected person has been abused, neglected, or exploited: all Class A Felony physicians, practitioners of healing arts, and First degree elder abuse and neglect is a caregivers. Class A felony. Section 38-9-8 Section 38-9E-3 Failure to Report Class B Felony Penalties may include imprisonment for not Second degree elder abuse and neglect is a more than 6 months or a fine of $500 or less. Class B felony. Section 38-9-10 Section 38-9E-4 Class A Misdemeanor Third degree elder abuse and neglect is a Class A misdemeanor. Section 38-9E-5 An Alabama-licensed physician, as defined by statute, will not be subject to Section 38-9E-3, 38-9E-4, or 38-9E-5 for acts or omissions representing the practice of medicine. Section 38-9E-12 Alaska Mandatory reporters Criminal Penalties include the following individuals, who in their Endangering Welfare of a Vulnerable Adult professional capacity, have reasonable cause in the First Degree to believe that a vulnerable adult suffers from abandonment, exploitation, abuse, neglect, or Class C Felony self-neglect: physicians or other licensed A person commits the crime of health care providers; mental health endangering the welfare of a vulnerable professionals (including a marital/family adult in the first degree if the persons therapist); pharmacists; administrators of a intentionally abandons a vulnerable adult nursing home; residential care or healthcare in any place under circumstances creating 1 State Reporting Laws Civil or Criminal Statutes facility; guardians or conservators; police a substantial risk of physical injury to the officers; village public safety officers; village vulnerable adult and the vulnerable adult health aids; social workers; clergy members; is in the person's care, either by contract staff employees of projects funded by the or authority of law or in a facility or Department of Administration for the program that is required by law to be provision of services to the Department of licensed by the state; or if the person Health and Social Services, or the Council on violates AS 11.51.210 and, as a result of the Domestic Violence and Sexual Assault; violation, the vulnerable adult suffers employees of a personal care or home health serious physical injury. aid program; emergency medical technicians Section 11.51.200 or mobile intensive care paramedics; caregivers of the vulnerable adult; and Endangering Welfare of a Vulnerable Adult certified nurse aids. in the Second Degree The individual must report no later than 24 hours after first having cause for the belief. Class A Misdemeanor Section 47.24.010(a) A person commits the crime of endangering the welfare of a vulnerable Failure to Report adult in the second degree if the person Criminal Penalty - Class B Misdemeanor fails without lawful excuse to provide A mandatory reporter who, because of the support for the vulnerable adult and the circumstances, should have had reasonable vulnerable adult is in the person's care cause to believe that a vulnerable adult suffers either by contract or authority of law; or in from abandonment, exploitation, abuse, a facility or program that is required by neglect, or self-neglect but who knowingly fails law to be licensed by the state. to comply with this section is guilty of a class B Section 11.51.210 misdemeanor. Other Penalty If a person convicted under this section is a member of a profession or occupation that is licensed, certified, or regulated by the state, the court shall notify the appropriate licensing, certifying, or regulating entity of the conviction. Section 47.24.010(c) Arizona Mandatory reporters Criminal Penalties include the following individuals: Vulnerable Adult Abuse (A) physicians, registered nurse practitioners, hospital interns or residents, surgeons, Under circumstances likely to produce dentists, psychologists, social workers, peace death or serious physical injury, any officers, or any other person who is person who causes a vulnerable adult to responsible for the care of a vulnerable adult suffer physical injury or, having the care or must immediately report or cause reports to custody of a vulnerable adult, who causes be made to a peace officer or protective or permits the person or health of the services worker and must follow-up with a vulnerable adult to be injured or who written report within 48 hours of having a causes or permits a vulnerable adult to be reasonable belief that abuse or neglect has placed in a situation where the person or occurred. The guardian or conservator of a health of the vulnerable adult is vulnerable adult must report to the superior endangered is guilty of an offense as court within 48 hours. follows: (B) attorneys, accountants, trustees, guardians, 2 State Reporting Laws Civil or Criminal Statutes conservators, persons who have the Class 3 Felony responsibility of preparing the tax records of a If done recklessly vulnerable adult, persons with the Section 13-3623(A)(2) responsibility for other actions concerning the use or preservations of the vulnerable adult’s Class 4 Felony property must immediately report or cause If done with criminal negligence reports to be made, when such individual in Section 13-3623(A)(3) the course of their responsibility discovers a reasonable basis to believe exploitation, abuse Under circumstances other than those or neglect has occurred. The report must be likely to produce death or serious physical followed by a written report within 48 hours. injury to a vulnerable adult, any person The reports should be made to a peace officer, who causes a vulnerable adult to suffer protective services worker, or to the public physical injury or abuse or, having the care fiduciary of the county in which the vulnerable or custody of a vulnerable adult, who adult resides. causes or permits the person or health of If the public fiduciary is unable to investigate a the vulnerable adult to be injured or who report or determines that the matter is outside causes or permits a vulnerable adult to be of the scope of action, the public fiduciary must placed in a situation where the person or immediately forward the report to a protective health of the vulnerable adult is services worker. endangered is guilty of an offense as Section 46-454(A)-(B) follows: Failure to Report Class 4 Felony Criminal Penalty - Class 1 Misdemeanor If done intentionally or knowingly Any person who fails to report or violates the Section 13-3623(B)(1) section is guilty of a class 1 misdemeanor. Section 46-454(K) Class 5 Felony If done recklessly Section 13-3623(B)(2) Class 6 Felony If done with criminal negligence Section 13-3623(B)(3) Arkansas Mandatory reporters who must reporting of Civil Penalties abuse and exploitation of patients and residents of care facilities The state of Arkansas and the Attorney include the following persons, who have General may file a civil action against a observed or have reasonable cause to suspect long-term care facility caregiver to enforce that a vulnerable adult has been subject to any elder abuse provisions. adult maltreatment or long-term care facility Section 12-12-1706(a)(1) resident maltreatment: physicians; surgeons; coroners; dentists; dental hygienists; A caregiver against whom a civil judgment osteopaths; residents interns; nurses; hospital is entered based on abuse, neglect, or personnel engaged in administrations, exploitation of a vulnerable adult may be examination, care or treatment; social subject to civil penalties including: a fine workers; case managers; home health not to exceed $10,000 for each violation or workers; mental health professionals; peace a fine of $50,000 for the death of a long- officers; law enforcement officers; facility term care facility resident from a single administrators or owners; facility employees; violation. Department of Human Services employees; Section 12-12-1706(a)(2)(A)-(B) firefighters; emergency medical technicians; 3 State Reporting Laws Civil or Criminal Statutes bank or financial institution employees; U.S. The Attorney General may recover civil Postal Service employees; employees or penalties for the death of a person that volunteers of the program funded by the results from more than one violation. department who enters the home or has Section 12-12-1706(a)(3) contact with the elderly person; persons associated with animal control or humane A caregiver against whom a civil judgment society officials; code enforcement employees; has been entered under this section shall clergy members, except if the clergy member be required to pay all reasonable expenses has acquired the knowledge through that resulted from the enforcement of this confidential communications pursuant to the chapter. religious discipline or if the member received Section 12-12-1706(e) the knowledge form the offered as a statement of admission. Criminal Penalties Section 12-12-1708(a)(1) Criminal Penalties for Adult Abuse If the mandatory reporter is required to report in his or her capacity as an employee or staff Class B Felony member of the department or facility, the If the abuse causes serious physical injury reporter must notify the person in charge of or a substantial risk of death the department or facility or the person’s agent, then the person in charge or agent Class D Felony becomes responsible for reporting or causing a If the abuse causes physical injury, any report within 24 hours.
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