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Reporting Elder Abuse

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Who Must Report Elder Abuse?

Non-Mandated Reporters: All concerned citizens are encouraged to make reports of suspected elder abuse. The law does not require them (non-mandated reporters) to make elder abuse reports. However, to encourage reporting, all reports are confidential and non-mandated reporters are not required to give their names.  They are also protected from civil and criminal liability if they make the report of elder abuse in good faith. (Welfare and Institutions Code, Sections 15631, 15633, 15633.55(c) and 15634)

Mandated Reporters are all employees, serving in any capacity, at long-term care facilities such as nursing homes and residential care facilities for the elderly.  Mandated reporters also include persons employed by social, health, and law enforcement agencies.  In  addition, a person who has assumed full or intermittent responsibility for the care or custody of an elder, whether or not he or she receives payment, is also considered a mandated reporter.  (Refer to legal definition of Mandated Reporter ? "Care Custodian", Welfare and Institutions Code, Section 15610.17& 15630.)

All mandated reporters must report actual or suspected abuse. The reporting responsibility is individual for each mandated reporter. No person reporting elder abuse shall be subject to any sanction for making the report. To encourage reporting, all reports are confidential and mandated reporters are protected from civil and criminal liability for carrying out their duty as mandated reporters. (Welfare and Institutions Code, Sections 15630(f), 15633.5(b), 15634)

Mandated Reporters who fail to report actual or suspected abuse can be charged with a misdemeanor, punishable by a jail sentence, a fine, or both.(Welfare and Institutions Code, Sections 15630(h) and 15634 (d))

How to Make an Abuse Report

When you know about or even suspect elder abuse, REPORT IT! Elder Abuse is a hidden problem - for every abuse reported at least another five (5) go unreported.

Where to Report

(Refer to the section on Where to Report Abuse)

Abuse that occurs in institutions must be reported to either law enforcement or the Ombudsman and to the appropriate licensing agency. For nursing homes, contact the California State Department of Health Services, Licensing and Certification and for residential care facilities for the elderly, the California Department of Social Services, Community Care Licensing.

When elder abuse occurs in a community setting, report the abuse to either Adult Protective Services or law enforcement.

Mandated Reporters: If you are a mandated reporter, then you must make a report. Reporting responsibilities are individual. Use the following guidelines.

Mandated Reporters MUST report actual or suspected physical and sexual abuse, neglect, including self-neglect, abandonment, isolation, abduction, and financial abuse.

Make the report immediately or as soon as possible by telephone.

Make a written report within two (2) working days of the event. Use the standard reporting form, SOC 341, "Report of Suspected Elder/Dependant Adult Abuse." A copy of the form is available from DSS.