Mandatory Reporting of Elder Abuse
This page is out of date. The laws have changed. I am in the process
of updating it and all the other webpages. If you have questions about
who is required to report abuse in Alameda or Contra Costa counties,
please, contact Elder Abuse Prevention. - Jennifer 8/31/01
The laws
Who MUST report?
Where to report
Penalty for not reporting
Confidentiality
Additional Information
California Laws
Chapter 769, Statutes of 1986, Chapter 637, Statutes of 1987, and
Chapter 1396, Statutes of 1987 provides for mandatory reporting of
physical abuse when:
- the victim reports that abuse has occurred
- you observe the incident
- when an injury or condition resaonbly leads one to suspect
that abuse has occurred
The law requires mandated reporters to make a verbal report
immediately, or as soon as possible, follwed by a written report
within two (2) working days.
- Who must report:
Any elder or dependent adult care custodian, health practitioner or
employee of a county adult protective services agency or local law
enforcement agency. A complete list of mandated reporters can be
found on the back of the SOC341 form that is used for filing written
reports.
- Where to report:
Suspected cases of elder abuse should be reported to the
county adult protective services agency or local law
enforcement agency or if the abuse occurred in a long-term care
facility (i.e. nursing home, community care facity for the elderly,
adult day health care center) to the local long-term care
ombudsman or local law enforcement agency.
- Penalty for not reporting:
Failure to report is a misdemeanor punishable by up to six months
in jail and a $1000 fine.
- Confidentiality:
The client has a right to privacy and confidentiality concerning
anything discussed with the worker. The competent client has the right
to refuse any unwanted intrusion into her or his life.
- Other things you should know:
- No person required to report elder abuse will bear
criminal liability for reporting suspected abuse.
- No person will bear liability for reporting suspected
abuse, unless the person knows the report is false.
- When two or more persons are required to report a case,
they may reach an agreement to have one of them make the report.
- The duty to report is individual.
- No supervisor or administrator may impede or prohibit
reporting.
- The identities of those filing reports are confidential.
- A victim of abuse may refuse or withdraw consent to any
investigation or provision of services which are initiated as
a result of the report, unless a violation of the Penal Code
has been alleged.
- In court proceedings or administrative hearings, neither
the physician-patient privilege nor the psychotherapist-patient
privilege applies to specific elder abuse information require
to be reported.
- Anyone may report any type of abuse; elder care custodians,
medical practitioners, non-medical practitioners and employees
of elder protective agencies (see list under
Who must report ) must report physical abuse.
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