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| State | Alabama (back to top) |
| Abuse | The infliction of physical pain, injury, or the willful deprivation of services necessary to maintain mental and physical health. (§38-9-2) |
| Neglect | The failure of a caregiver to provide food, shelter, clothing, medical services, or health care |
| Exploitation | The expenditure, diminution, or use of the property, assets, or resources of a protected person without the express voluntary consent of that person or his or her legally authorized representative. |
| To whom does it apply? | A person 18 years of age or older whose behavior indicates that he or she is mentally incapable of adequately caring for himself or herself and his or her interests without serious consequences to himself or herself or others, or who, because of physical or mental impairment, is unable to do the above. |
| To whom reported? | County department of human resources or to the chief of police of the city or city and county, or to the sheriff of the county if the observation is made in an unincorporated territory (§38-9-8) |
| Mandatory Reporters | All physicians and other practitioners of the healing arts or any caregiver having reasonable cause to believe that any protected person has been subjected to physical abuse, neglect, exploitation, sexual abuse, or emotional abuse |
| Action/Response | Within seven days following an oral report, an investigation of any alleged abuse, neglect, exploitation, sexual abuse, or emotional abuse shall be made by the county department of human resources or the law enforcement official, whichever receives the report, and a written report prepared. |
| Non-Reporting Consequences | Guilty of a misdemeanor and shall, upon conviction, be punished by imprisonment for not more than six months or a fine of not more than $500.00. (§38-9-10) |
| State | Alaska (back to top) |
| Abuse | The willful, intentional, or reckless nonaccidental, and nontherapeutic infliction of physical pain, injury, or mental distress; or sexual assault (47.24.900) |
| Neglect | The intentional failure by a caregiver to provide essential care or services necessary to maintain the physical and mental health of the vulnerable adult |
| Exploitation | Unjust or improper use of another person or another person's resources for one's own profit or advantage |
| To whom does it apply? | A person 18 years of age or older who, because of physical or mental impairment, is unable to meet the person's own needs or to seek help without assistance |
| To whom reported? | Department's central information and referral service for vulnerable adults or to a police officer or a village public safety officer. (47.24.010) |
| Mandatory Reporters | a physician or other licensed health care provider; a mental health professional; a pharmacist; an administrator of a nursing home, residential care or health care facility; a guardian or conservator; a police officer; a village public safety officer; a village health aide; a social worker; a member of the clergy; a staff employee of a project funded by the State; an employee of a personal care or home health aide program; an emergency medical technician or a mobile intensive care paramedic; a caregiver of the vulnerable adult; a certified nurse aide |
| Action/Response | promptly initiate an investigation; conduct a face-to-face interview with the subject of the report; After the department conducts an investigation the department shall prepare a written report of the investigation, including findings, recommendations, and a determination of whether and what kind of supportive or protective services are needed by and are to be offered to the vulnerable adult. (42.24.015) |
| Non-Reporting Consequences | guilty of a class B misdemeanor |
| State | Arizona (back to top) |
| Abuse | Intentional infliction of physical harm; Injury caused by negligent acts or omissions; Unreasonable confinement; Sexual abuse or sexual assault (46-451) |
| Neglect | a pattern of conduct without the person's informed consent resulting in deprivation of food, water, medication, medical services, shelter, cooling, heating or other services necessary to maintain minimum physical or mental health |
| Exploitation | the illegal or improper use of an incapacitated or vulnerable adult or his resources for another's profit or advantage |
| To whom does it apply? | an individual who is eighteen years of age or older who is unable to protect himself from abuse, neglect or exploitation by others because of a physical or mental impairment |
| To whom reported? | a peace officer or to a protective services worker (46-454) |
| Mandatory Reporters | A physician, hospital intern or resident, surgeon, dentist, psychologist, social worker, peace officer or other person who has responsibility for the care of an incapacitated or vulnerable adult and who has a reasonable basis to believe that abuse or neglect of the adult has occurred or that exploitation of the adult's property has occurred; An attorney, accountant, trustee, guardian, conservator or other person who has responsibility for preparing the tax records of an incapacitated or vulnerable adult |
| Action/Response | a peace officer shall notify the adult protective services of the department of economic security as soon as possible and make such information available to them |
| Non-Reporting Consequences | Class 1 misdemeanor |
| State | Arkansas (back to top) |
| Abuse | Any intentional and unnecessary physical act that inflicts pain on or causes injury to; Any intentional or demeaning act that a reasonable person would believe subjects an endangered, regardless of age, ability to comprehend, or disability, to ridicule or psychological injury in a manner likely to provoke fear or alarm; Any intentional threat that a reasonable person would find credible and nonfrivolous to inflict pain on or cause injury to an endangered or impaired person except in the course of medical treatment or for justifiable cause (9-20-103) |
| Neglect | Failure to provide necessary treatment, rehabilitation, care, food, clothing, shelter, supervision, or medical services; failure to report health problems or changes in health problems or changes in the health condition; failure to carry out a prescribed treatment plan |
| Exploitation | The illegal or unauthorized use or management of an endangered or impaired adult's funds, assets, or property or the use of an endangered or impaired adult's person, power of attorney, or guardianship for the profit or advantage of oneself or anothe |
| To whom does it apply? | A person eighteen (18) years of age or older who, as a result of mental or physical impairment, is unable to protect himself or herself from abuse, sexual abuse, neglect, or exploitation. |
| To whom reported? | A report
required under this chapter shall be made to the central registry (800-482-8049)
by the receiving agency for abused or neglected adults not residing in
long-term care facilities. |
| Mandatory Reporters | Physician, Surgeon, Coroner, Dentist, Osteopath, Resident intern, Registered nurse, Hospital personnel engaged in administration, examination, care, or treatment of persons, Social worker, Case manager, Case worker, Mental health professional, Peace officer, Law enforcement officer, Facility administrator, Employee in a facility, Employee of the Department of Human Services, Firefighter, Emergency medical technician |
| Action/Response | The office of the Attorney General has concurrent jurisdiction with the Department of Health and Human Services to investigate cases of suspected adult maltreatment of an adult endangered person (5-28-107); the Department of Health and Human Services may file a petition seeking ex parte emergency relief (9-20-109) |
| Non-Reporting Consequences | guilty of a Class C misdemeanor. (5-28-110) |
| State | California (back to top) |
| Abuse | Physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering.; or the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. (15610-07) |
| Neglect | The negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise. Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter. Failure to provide medical care for physical and mental health needs. Failure to protect from health and safety hazards. Failure to prevent malnutrition or dehydration. (15610-57) |
| Exploitation | "Financial
abuse" of an elder or dependent adult occurs when a person or entity
does any of the following: (1) Takes, secretes, appropriates, or retains real or personal property of an elder or dependent adult to a wrongful use or with intent to defraud, or both. (2) Assists in taking, secreting, appropriating, or retaining real or personal property of an elder or dependent adult to a wrongful use or with intent to defraud, or both. (15610-30) |
| To whom does it apply? | any person between the ages of 18 and 64 years who resides in this state and who has physical or mental limitations that restrict his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities, or whose physical or mental abilities have diminished because of age (15610-23) and any person residing in this state, 65 years of age or older (15610-27) |
| To whom reported? | the report shall be made to the adult protective services agency or the local law enforcement agency. |
| Mandatory Reporters | Any person who has assumed full or intermittent responsibility for the care or custody of an elder or dependent adult, whether or not he or she receives compensation, including administrators, supervisors, and any licensed staff of a public or private facility that provides care or services for elder or dependent adults, or any elder or dependent adult care custodian, health practitioner, clergy member, or employee of a county adult protective services agency or a local law enforcement agency, is a mandated reporter. (15630) |
| Action/Response | ombudsman responsibility in abuse cases is to receive reports, determine the validity of reports, refer verified abuse cases to appropriate agencies for further action as necessary, and follow up to complete the required report information |
| Non-Reporting Consequences | a misdemeanor, punishable by not more than six months in the county jail, by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment. Where that abuse results in death or great bodily injury, shall be punished by not more than one year in a county jail, by a fine of not more than five thousand dollars ($5,000), or by both that fine and imprisonment. |
| State | Colorado (back to top) |
| Abuse | infliction of physical pain or injury, as demonstrated by, but not limited to, substantial or multiple skin bruising, bleeding, malnutrition, dehydration, burns, bone fractures, poisoning, subdural hematoma, soft tissue swelling, or suffocation; unreasonable confinement or restraint; or subjection to nonconsensual sexual conduct or contact classified as a crime (26-3.1-101) |
| Neglect | when adequate food, clothing, shelter, psychological care, physical care, medical care, or supervision is not secured for the at-risk adult or is not provided by a caretaker in a timely manner and with the degree of care that a reasonable person in the same situation would exercise |
| Exploitation | the illegal or improper use of an at-risk adult for another person's advantage |
| To whom does it apply? | an individual eighteen years of age or older who is susceptible to mistreatment because the individual is unable to perform or obtain services necessary for the individual's health, safety, or welfare or lacks sufficient understanding or capacity to make or communicate responsible decisions concerning the individual's person or affairs. |
| To whom reported? | county department or during non-business hours to a local law enforcement agency responsible for investigating violations of state criminal laws protecting at-risk adults (26-3.1-102) |
| Mandatory Reporters | No one. Voluntary. |
| Action/Response | The agency receiving a report of mistreatment or self-neglect of an at-risk adult shall make a thorough investigation immediately upon receipt of a report. |
| Non-Reporting Consequences | None. |
| State | Connecticut (back to top) |
| Abuse | Abuse includes, but is not limited to, causing physical pain, injury, or mental suffering, or if a caretaker fails to provide necessary services. 17b-450(4) |
| Neglect | Neglect occurs when a senior is living alone and not able to provide for themselves proper services to maintain physical or mental health, or when a senior is not receiving necessary services from a responsible caretaker. 17b-450(4) |
| Exploitation | Exploitation is the act or process of taking advantage (monetarily, personally, or any form of benefit, gain or profit) of a senior by a person or caretaker.17b-450(4) |
| To whom does it apply? | “Elderly persons” which are defined as being any resident of Connecticut who is 60 years or older. 17b-450(1) |
| To whom reported? | The Commissioner of Social Services or the person designated by the Commissioner to receive such reports. 17b-451(a) |
| Mandatory Reporters | It is mandatory
that the following people report a suspicion of abuse, neglect, or exploitation
within 72 hours: licensed physicians or surgeons; resident physicians or
interns in any hospital in this state, whether or not licensed; registered
nurses; nursing home administrators; nurse's aides or orderlies in a nursing
home facility; a person being paid for caring for a patient in a nursing
home facility; staff employed by a nursing home facility; patients' advocates
and licensed practical nurses; medical examiners; dentists; optometrists;
chiropractors; podiatrists; social workers; clergymen; police officers;
pharmacists; psychologists or physical therapist. 17(b)451(a) Any other person who has a reasonable suspicion or belief that an elderly person is being, or has been abused, neglected, or exploited, or is in need of protective services MAY make a report to the Commissioner or the person that the Commissioner designated to receive them. 17(b)451(c) |
| Action/Response | When the Commissioner receives a report, he will investigate the report to determine if any action should be taken. The investigation will include: (1) a visit to the elderly person, (2) a consultation anyone who knows the facts of the particular case, and (3) an interview with the elderly person alone unless they refuse an interview or the Commissioner feels an interview is not in the best interest of the elderly person. When the investigation is completed, a written report will be made that recommends what actions to take. 17(b)452(a) |
| Non-Reporting Consequences | If an investigation
shows abuse, neglect, exploitation, or abandonment, then the Chief State’s
Attorney or person designated will determine if criminal charges under state
law should be filed. 17b-460 If a person who is required to report does not do so within 72 hours, will be fined no more than $500, UNLESS they intentionally do not report. If it is intentional, the person is guilty of a Class C misdemeanor. 17(b)451(a) |
| State | Delaware (back to top) |
| Abuse | Abuse is done by physically causing unnecessary pain; or emotional abuse which includes, but is not limited to, ridiculing, demeaning, demanding an infirm adult to make derogatory comments to another infirm adult, cursing at, or threatening to inflict physical or emotional harm. 31 Del. C. 3902(16) |
| Neglect | Neglect is: (a) where a caregiver is not taking care of the physical needs of an infirm adult, such as but not limited to bathing, toileting, meals, and safety; (b) It is also the failure of a caregiver to carry out treatment prescribed by a health care professional; OR (c) the intentional and permanent abandonment an infirm adult by a caregiver. 31. Del. C. 3902(19) |
| Exploitation | Exploitation is the illegal or improper use of an infirm person, their resources or rights, by another person for their advantage. 31 Del. C. 3902(5) |
| To whom does it apply? | “Infirm adults” which is defined as any person over the age of 18, or is impaired due to physical or mental disability, that cannot adequately care for themselves. 31. Del. C. 3902(1) |
| To whom reported? | The Department of Health and Social Services. 31 Del. C. 3910(a) |
| Mandatory Reporters | Any time an infirm person feels they have been abused, neglected, or exploited they may request protective services and no one shall interfere with receiving of those services. 31 Del. C. 3905 If a person is not able to consent to protective services, the services can only be provided involuntarily: (1) by a police officer; (2) by the Attorney General; (3) by en emergency order of the Court; (4) by the appointment of a guardian or conservator; and (5) by a Social Worker. 31 Del. C. 3906Any person who believes that an adult person is inform and is in need or protective services can report the information to the Department of Health and Human Services. 31 Del. C. 3910(a) |
| Action/Response | When the Department of Health and Social Services receives the report they will make an investigation to determine if and what kind of protective services are needed. 31 Del. C. 3910(b) If a petition is made to the Court of Chancery by the Public Guardian or the Department of Health and Social Services, then the court may order emergency protective services if 31 Del. C. 3908(a) |
| Non-Reporting Consequences | Anyone
who abuses, neglects, exploits, or mistreats an infirm adult is guilty
of a class A misdemeanor. 31 Del. C. 3913(a) |
| State | District of Columbia (back to top) |
| Abuse | The intentional or reckless infliction of serious physical pain or injury. The repeated, intentional imposition of unreasonable confinement or threats to impose unreasonable confinement, resulting in severe mental distress. (§7-1901) |
| Neglect | The careless deprivation of essential food, shelter, or health care in violation of a caregiver's responsibilities, when that deprivation constitutes a serious threat to one's life or physical health. |
| Exploitation | the unlawful appropriation or use of elder’s property for one's own benefit. |
| To whom does it apply? | An individual 18 years of age or older. |
| To whom reported? | Adult Protective Services or any Department created by the Mayor. |
| Mandatory Reporters | conservator,
court-appointed mental retardation advocate, guardian, health-care administrator,
licensed health professional, police officer, bank manager, financial manager,
or social worker. (§7-1903) |
| Action/Response | The APS will conduct an investigation upon receiving a complaint. (§7-1905) |
| Non-Reporting Consequences | Guilty of misdemeanor and upon conviction fine of $300. (§7-1912) |
| State | Florida (back to top) |
| Abuse | Abuse is an act, omission, or threatened act by a caregiver that causes or is likely to cause significant impairment physically, mentally, or emotionally. 415.102 (1) |
| Neglect | Neglect occurs when a caregiver: (1) does not provide the care, supervision, and services needed to maintain the physical and mental health of a vulnerable adult; including, but not limited to, food, clothing, medicine, shelter, and medical services; OR (2) does not make a reasonable effort to protect a vulnerable adult from abuse, neglect, or exploitation by others; OR (3) any act is performed that may cause serious physical or emotional harm, or risk of death. 415.102(15) |
| Exploitation | Exploitation means a person who: (1) Stands in a position of trust with a vulnerable adult and knowingly through the use of deception or intimidation, obtains or uses funds, assets, or property with the intent to deprive the vulnerable adult temporarily or permanently of the funds, assets, or property. OR (2) A person who knows or should know that the vulnerable adult lacks the capacity to consent to the use of funds, assets, or property yet uses such things anyway. 415.102(7)(a) |
| To whom does it apply? | “Elderly person” means anyone over the age of 60 who is a resident of Florida and plans to stay there. 430.602(2) |
| To whom reported? | The Department of Children and Family Services established a Central Abuse Hotline that receives all reports either in writing or orally. Anyone who suspects abuse, neglect, or exploitation may call the Hotline. 415.103(1) |
| Mandatory Reporters | It is mandatory for the following people to report suspicions of abuse, neglect, or exploitation: physicians, osteopathic physicians, medical examiners, chiropractic physicians, nurses, paramedics, emergency medical technicians, hospital personnel who examine, admit, or treat vulnerable adults, other health or mental health professionals, practitioners who rely on spiritual healing; nursing home staff, assisted living staff, adult family-care staff, home staff, social workers; state, county or criminal justice employees, or law enforcement officers; Florida Advocacy Council member or Long-term Care Ombudsman; OR a bank savings and loans or credit union officer. 415.1034(1) |
| Action/Response | When the
Department of Children and Family services receives the report, an investigation
will begin within 24 hours. If the caregiver refuses to allow an investigation
or interferes, then law enforcement will be contacted for assistance. If
the Department feels that there has been abuse, neglect, or exploitation,
the appropriate criminal charges will be made. 415.104(1) Once the investigation is started, then investigator will notify everyone involved with: who is doing the investigation; the reason why; the victim, the victim’s guardian and caregiver, the alleged perpetrator, and legal counsel for anyone involved; and additional information about the investigator. 415.104(2) A complete investigative report will be completed no later than 60 days after the report was made and the parties will all be notified. 415.104(4) |
| Non-Reporting Consequences | Anyone who
knowingly fails to report or prevents someone from reporting abuse, neglect
or exploitation, commits a second degree misdemeanor. 415.111 (1) Anyone who knowingly makes a false report is committing a felony in the third degree. 415.111(4) |
| State | Georgia (back to top) |
| Abuse | The willful infliction of physical pain, physical injury, mental anguish, unreasonable confinement, or the willful deprivation of essential services to a disabled or elder person. This includes physical, psychological and sexual abuse as well as non-financial exploitation. [§30-5-3(1)] |
| Neglect | The absence or omission of essential services to the degree that it harms or threatens with harm the physical or emotional health of a disabled adult or elder person. This includes neglect by others and self-neglect. [§30-5-3(10)] |
| Exploitation | The illegal or improper use of a disabled adult or elder person or that person’s resources for another’s profit or advantage. This includes financial exploitation and consumer fraud. [§30-5-3(9)] |
| To whom does it apply? | 'Elder person' means a person 65 years of age or older who is not a resident of a long-term care facility as defined in Article 4 of Chapter 8 of Title 31. |
| To whom reported? | If immediate, serious risk, call the Police (911). Division of Aging Services toll free at 1-888-774-0152. |
| Mandatory Reporters | Physicians, osteopaths, interns, residents, other hospital or medical personnel, dentists, psychologists, chiropractors, podiatrists, pharmacists, physical and/or occupational therapists, licensed professional counselors, nursing personnel, social work personnel, day-care personnel, employees of a public or private agency engaged in professional health related services to elder persons or disabled adults, corners and medical examiners, law enforcement personnel, any employee of a financial institution, having reasonable cause to believe that a disabled adult or elder person has been exploited. |
| Action/Response | Mandated reporters must make a report when they have a reasonable cause to believe that a disabled or elder adult has had an injury or injuries inflicted upon them, other than by accidental means, by a caretaker or has been neglected or exploited by a caretaker. |
| Non-Reporting Consequences | Mandated
reporters who do not fulfill their obligation to report |
| State | Hawaii (back to top) |
| Abuse | Actual or imminent physical injury, psychological abuse or neglect, sexual abuse, financial exploitation, negligent treatment, or maltreatment as further defined in this chapter. §346-222 |
| Neglect | Failure to exercise that degree of care toward a dependent adult which a reasonable person with the responsibility of a caregiver would exercise, including, but not limited to, failure to: (A) Assist in personal hygiene; (B) Provide necessary food, shelter, and clothing; (C) Provide necessary health care, access to health care, or prescribed medication; (D) Protect a dependent adult from health and safety hazards. §346-222 |
| Exploitation | The wrongful or negligent taking, withholding, misappropriation, or use of a dependent adult’s money, real property, or personal property; includes but is not limited to: (A) Breaches of fiduciary relationships such as the misuse of a power of attorney or the abuse of guardianship privileges, resulting in the unauthorized appropriation, sale, or transfer of property; (B) The unauthorized taking of personal assets; (C) The misappropriation, misuse, or transfer of moneys belonging to the dependent adult from a personal or joint account; or (D) The intentional or negligent failure to effectively use a dependent adult’s income and assets for the necessities required for the person’s support and maintenance. The exploitation may involve coercion, manipulation, threats, intimidation, misrepresentation, or exertion of undue influence. Protect against acts of abuse by third parties. §346-222 |
| To whom does it apply? | |
| To whom reported? | Call Adult Protective Services (APS) in your county: Oahu: (808) 832-5115; Hilo/Hamakua/Puna: (808) 933-8820; Kona/Kohala/Kamuela/Kau: (808) 327-6280; Kauai: (808) 241-3432; Molokai/Maui: (808) 243-5151; Lanai: (808) 565-7104 |
| Mandatory Reporters | Any licensed or registered professional of the healing arts and any health-related occupation who examines, treats, or provides other professional or specialized services to dependent adults, including but not limited to, physicians, physicians in training, psychologists, dentists, nurses, osteopathic physicians and surgeons, optometrists, chiropractors, podiatrists, pharmacists, and other health-related professionals; Employees or officers of any public or private agency or institution providing social, medical, hospital or mental health services, including financial assistance; Employees or officers of any law enforcement agency including, but not limited to, the courts, police departments, correctional institutions, and parole or probation offices; Employees or officers of any adult residential care home, adult day care center, or similar institution; and Medical examiners or coroners. HRS 346-224(a) |
| Action/Response | The initial oral report required by subsection (a) shall be followed as soon as possible by a written report to the department; provided that where a police department is the initiating agency, a written report shall not be required unless the police department has declined to take further action and the department informs the police department that it intends to pursue the matter of the orally reported incident of abuse. All written reports shall contain the name and address of the dependent adult and the person who or care organization or care facility which is alleged to have committed or been responsible for the dependent adult abuse, if known; the nature and extent of the dependent adult's injury or harm; and any other information the reporter believes might be helpful in establishing the cause of the dependent adult abuse. HRS 346-224(b) |
| Non-Reporting Consequences | Any person who knowingly fails to report as required by this section or who willfully prevents another person from reporting pursuant to this section shall be guilty of a petty misdemeanor. HRS 346-224(e) |
| State | Idaho (back to top) |
| Abuse | "Abuse" means the intentional or negligent infliction of physical pain, injury or mental injury. TITLE 39 HEALTH AND SAFETY CHAPTER 53 ADULT ABUSE, NEGLECT AND EXPLOITATION ACT 39-5302. |
| Neglect | "Neglect" means failure of a caretaker to provide food, clothing, shelter or medical care reasonably necessary to sustain the life and health of a vulnerable adult, or the failure of a vulnerable adult to provide those services for himself. TITLE 39 HEALTH AND SAFETY CHAPTER 53 ADULT ABUSE, NEGLECT AND EXPLOITATION ACT 39-5302. |
| Exploitation | "Exploitation" means an action which may include, but is not limited to, the misuse of a vulnerable adult's funds, property, or resources by another person for profit or advantage. TITLE 39 HEALTH AND SAFETY CHAPTER 53 ADULT ABUSE, NEGLECT AND EXPLOITATION ACT 39-5302. |
| To whom does it apply? | A person eighteen (18) years of age or older who is unable to protect himself from abuse, neglect or exploitation due to physical or mental impairment which affects the person's judgment orbehavior to the extent that he lacks sufficient understanding or capacity to make or communicate or implement decisions regarding his person. TITLE 39 HEALTH AND SAFETY CHAPTER 53 ADULT ABUSE, NEGLECT AND EXPLOITATION ACT 39-5302. |
| To whom reported? | Any physician, nurse, employee of a public or private health facility, or a state licensed or certified residential facility serving vulnerable adults, medical examiner, dentist, ombudsman for the elderly, osteopath, optometrist, chiropractor, podiatrist, social worker, police officer, pharmacist, physical therapist, or home care worker who has reasonable cause to believe that a vulnerable adult is being or has been abused, neglected or exploited shall immediately report such information to the commission. Idaho Code 39-5303(1) |
| Mandatory Reporters | Failure
to report as provided under this section is a misdemeanor subject to punishment
as provided in section 18-113, Idaho Code. If an employee at a state licensed
or certified residential facility fails to report abuse or sexual assault
that has resulted in death or serious physical injury jeopardizing the life,
health or safety of a vulnerable adult as provided under this section, the
department shall also have the authority to: (a) Revoke the facility's license and/or contract with the state to provide services; (b) Deny payment; (c) Assess and collect a civil monetary penalty with interest from the facility owner and/or facility administrator; (d) Appoint temporary management; (e) Close the facility and/or transfer residents to another certified facility; (f) Direct a plan of correction; (g) Ban admission of persons with certain diagnoses or requiring specialized care; (h) Ban all admissions to the facility; (i) Assign monitors to the facility; or (j) Reduce the licensed bed capacity |
| Action/Response | When there is reasonable cause to believe that abuse or sexual assault has resulted in death or serious physical injury jeopardizing the life, health or safety of a vulnerable adult, any person required to report under this section shall also report such information within four (4) hours to the appropriate law enforcement agency. Idaho Code 39-5303(1) |
| Non-Reporting Consequences | Failure to report as provided under this section is a misdemeanor subject to punishment as provided in section 18-113, Idaho Code. If an employee at a state licensed or certified residential facility fails to report abuse stronger sanctions maybe imposed. |
| State | Illinois (back to top) |
| Abuse | Physical Abuse – inflicting physical pain or injury upon an older adult. Sexual abuse – touching, fondling or any other sexual activity with an older adult, when the person is unable to understand, unwilling to consent, threatened or physically forced. Emotional abuse – verbal assaults, threats of abuse, harassment or intimidation. Emotional abuse is often coupled with other forms of abuse. Confinement – restraining or isolating an older person, other than for medical reasons. Willful deprivation – willfully denying an older person medication, medical care, shelter, food, a therapeutic device or other physical assistance, thereby exposing that person to the risk of physical, mental or emotional harm – except when the dependent person has expressed an intent to forego such care. (320 Ill. Comp. Stat. 20/1 et seq.) |
| Neglect | Another individual's failure to provide an eligible adult with or willful withholding from an eligible adult the necessities of life including, but not limited to, food, clothing, shelter or medical care. (320 ILCS 20/1(g)) |
| Exploitation | The misuse or withholding or an older adult's resources by another, to the older adult's disadvantage. (320 ILCS 20/1) |
| To whom does it apply? | "Eligible adult" means a person 60 years of age or older who resides in a domestic living situation and is, or is alleged to be, abused, neglected, or financially exploited by another individual. (320 ILCS 20/2) |
| To whom reported? | Mandatory reporting requirements only apply when the reporter believes that the older person is not capable of reporting the abuse themselves. This law applies to persons delivering professional services to older persons in the following fields: social services, adult care, law enforcement, education, medicine, state service to seniors, and social workers. (320 ILCS 20/1(f-5)(1)) |
| Mandatory Reporters | If elder abuse is suspected, calls can be made to the IDOA hotline at 800-252-8966, 8:30 to 5:00 Monday through Friday (voice and T.D.D.), or to 800-279-0400 evenings, weekends, and holidays. (320 ILCS 20/3) |
| Action/Response | A trained elder abuse case worker will respond within a specified time period depending on the severity of the case: within 24 hours for the most dangerous situations, within 72 hours for less serious ones and up to seven days for all others. The case worker will contact the victim and help determine what services are most appropriate to stop the abuse. (320 ILCS 20/3) |
| Non-Reporting Consequences | A person required to make reports or cause reports to be made under this Section who fails to comply with the requirements of this Section is guilty of a Class A misdemeanor. (Source: P.A. 91‑656, eff. 1‑1‑01.) |
| State | Indiana (back to top) |
| Abuse | |
| Neglect | |
| Exploitation | |
| To whom does it apply? | A person at least eighteen (18) years of age; who is incapable by reason of mental illness, mental retardation, dementia, habitual drunkenness, excessive use of drugs, or other physical or mental incapacity of managing or directing the management of the individual's property or providing or directing the provision of self-care; and harmed or threatened with harm as a result of: neglect; battery; or exploitation of the individual's personal services or property. IC 12-10-3-2 |
| To whom reported? | The adult
protective services unit. A law enforcement agency. The division
by telephone on the statewide toll free telephone number established under
section 12 of this chapter. Reports must include as much of the following
information as is known: (1) The name, age, and address of the endangered adult. (2) The names and addresses of family members or other persons financially responsible for the endangered adult's care or other individuals who may be able to provide relevant information. (3) The apparent nature and extent of the alleged neglect, battery, or exploitation and the endangered adult's physical and mental condition. (4) The name, address, and telephone number of the reporter and the basis of the reporter's knowledge. (5) The name and address of the alleged offender. (6) Any other relevant information regarding the circumstances of the endangered adult. Elder Abuse Hotline is: 1-800-992-6978. IC 12-10-3-10 |
| Mandatory Reporters | A member of the staff of a medical or other public or private institution, school, hospital, facility, or agency, the individual shall immediately notify the individual in charge of the institution, school, hospital, facility, or agency, or the individual's designated agent, who also becomes responsible to report or cause a report to be made. IC 12-10-3-9 |
| Action/Response | If the adult
protective services unit has reason to believe that an individual is an
endangered adult, the adult protective services unit shall do the following: (1) Investigate the complaint or cause the complaint to be investigated by a law enforcement or other agency and make a determination as to whether the individual reported is an endangered adult. (2) Upon a determination that an individual is an endangered adult under this chapter, do the following: (A) Initiate procedures that the adult protective services unit determines are necessary, based on an evaluation of the needs of the endangered adult, to protect the endangered adult. (B) Coordinate and cooperate with the division or other appropriate person to obtain protective services for the endangered adult, including the development of a plan in cooperation with the endangered adult, whereby the least restrictive protective services necessary to protect the endangered adult will be made available to the endangered adult. (C) Monitor the protective services provided the endangered adult to determine the effectiveness of the services. (D) Comply with the notification requirements described in sections 21(4) and 28(b)(5) of this chapter. IC 12-10-3-8 |
| Non-Reporting Consequences | A person
who: (1) neglects, when the person has a duty of care; (2) abuses; or (3) maltreats; a mentally ill individual or an individual with a developmental disability under the care of a state institution commits a Class B misdemeanor. IC 12-24-17-3 |
| State | Iowa (back to top) |
| Abuse | Physical Abuse (including unreasonable confinement and assault), Sexual Abuse, Financial Exploitation, Sexual Exploitation, Denial of Critical Care and Self Denial of Critical Care. Chapter 235B of the Iowa Code |
| Neglect | The deprivation of the minimum food, shelter, clothing, supervision, physical or mental health care, or other care necessary to maintain a dependent adult's life or health. Within this definition is "self neglect". Chapter 235B of the Iowa Code |
| Exploitation | The act or process of taking unfair advantage of an individual or taking assets or resources for your own profit or gain. This includes the use of undue influence, harassment, duress, deception or false representation. Chapter 235B of the Iowa Code |
| To whom does it apply? | The term elder abuse generally refers to the abuse, neglect or exploitation of people age 60 or older. |
| To whom reported? | For abuse in the community, contact the Iowa Department of Human Services at 800-362-2178 AND your local law enforcement. For abuse in a facility, contact the Iowa Department of Inspections & Appeals at 1-877-686-0027 AND your local law enforcement. |
| Mandatory Reporters | Mandatory
reporters include: 1. Health practitioners 2. Social workers 3. Psychologists 4. Hospital staff 5. Employees or operators of health care facilities 6. Human services-related employees 7. Employees or operators of mental health centers 8. Peace officers 9. In-home health aides/homemakers 10. Outreach persons 11. Employees of community supervised apartment living arrangements 12. Inspector of elder group homes or resident advocates assigned to elder group home 13. A person who, in the course of employment, examines, attends, counsels, or treats a dependent |
| Action/Response | Mandatory
reporters employed by a facility or agency should follow the reporting
guidelines set by that agency. However, the facility’s policies
can not interfere with the person making the report as per 235B.3(3)(b).
|
| Non-Reporting Consequences | Any mandatory reporter who knowingly and willfully fails to report suspected dependent adult abuse is guilty of a simple misdemeanor (30 days in jail and/or $500 fine). The reporter is also civilly liable for damages caused by that failure to report. Any mandatory reporter who knowingly reports false information about abuse is guilty of a simplemisdemeanor (30 days in jail and/or $500 fine). |
| State | Kansas (back to top) |
| Abuse | Infliction of physical and mental injury, nonconsensual sexual acts, unreasonable physical or chemical restraints and isolation, and threatening or menacing conduct toward a vulnerable adult. K.S.A. §39-1401 |
| Neglect | The omission or failure to ensure the safety and well-being of the older adult. The definition of neglect includes self-neglect, that is, one’s own failure to avoid physical or mental harm and to provide for oneself. K.S.A. §39-1401 |
| Exploitation | Exploitation and fiduciary abuse are misuse of the older adult’s property and financial resources, although fiduciary abuse contains the added element of a position of trust held by the wrongdoer. K.S.A. §39-1401 |
| To whom does it apply? | an individual 18 years of age or older alleged to be unable to protect their own interest and who is harmed or threatened with harm, whether financial, mental or physical in nature, through action or inaction by either another individual or through their own action or inaction when (1) such person is residing in such person's own home, the home of a family member or the home of a friend, (2) such person resides in an adult family home as defined in K.S.A. 39-1501 and amendments thereto, or (3) such person is receiving services through a provider of community services and affiliates thereof operated or funded by the department of social and rehabilitation services or the department on aging or a residential facility licensed pursuant to K.S.A. 75-3307b and amendments thereto. |
| To whom reported? | If the
abuse, neglect or exploitation occurred in a Nursing Home, Hospital, or
by a Home Health Agency, etc. contact: KDOA Licensure, Certification and
Evaluation. Monday through Friday If the abuse, neglect or exploitation occurred Domestically or in the Community contact: KS. Dept. of Social and Rehabilitation Services 24 Hours - 7 Days a Week: 1-800-922-5330 |
| Mandatory Reporters | K.S.A. 39-1402.
Institutional setting Any person who is licensed to practice any branch of the healing arts A licensed psychologist A chief administrative officer of a medical care facility An adult care home administrator or operator A licensed social worker A licensed professional nurse A licensed practical nurse A teacher A bank trust officer A guardian or a conservator K.S.A. 39-1431. Community setting Any person who is licensed to practice any branch of the healing arts A licensed psychologist A licensed master level psychologist A chief administrative officer of a medical care facility An owner/operator of a residential care facility A licensed social worker A licensed professional nurse A licensed practical nurse A teacher A bank trust officer A guardian or a conservator A licensed dentist A law enforcement officer A case manager A rehabilitation counselor A holder of a power of attorney An independent living counselor The chief administrative officer of a licensed home health agency The chief administrative officer of an adult family home The chief administrative officer of a provider of community services and affiliates thereof |
| Action/Response | The department
of health and environment or the department of social and rehabilitation
services upon receiving a report that a resident is being, or has been,
abused, neglected or exploited, or is in a condition which is the result
of such abuse, neglect or exploitation or is in need of protective services
shall: (1) When a criminal act has occurred or has appeared to have occurred, immediately notify, in writing, the appropriate law enforcement agency; (2) make a personal visit with the involved resident: (A) Within 24 hours when the information from the reporter indicates imminent danger to the health or welfare of the involved resident; (B) within three working days for all reports of suspected abuse, when the information from the reporter indicates no imminent danger; or (C) within five working days for all reports of neglect or exploitation when the information from the reporter indicates no imminent danger. (3) Complete, within 30 working days of receiving a report, a thorough investigation and evaluation to determine the situation relative to the condition of the involved resident and what action and services, if any, are required. The investigation shall include, but not be limited to, consultation with those individuals having knowledge of the facts of the particular case; and (4) prepare, upon a completion of the evaluation of each case, a written assessment which shall include an analysis of whether there is or has been abuse, neglect or exploitation; recommended action; a determination of whether protective services are needed; and any follow up. (b) The department which investigates the report shall inform the complainant, upon request of the complainant, that an investigation has been made and, if the allegations of abuse, neglect or exploitation have been substantiated, that corrective measures will be taken if required upon completion of the investigation or sooner is such measures do not jeopardize the investigation. (c) The department on aging may inform the chief administrative officer of a facility as defined by K.S.A. 39-923 and amendments thereto within 30 days of confirmed findings of resident abuse, neglect or exploitation. |
| Non-Reporting Consequences | Class B Misdemeanor |
| State | Kentucky (back to top) |
| Abuse | The infliction of injury, sexual abuse, unreasonable confinement, intimidation, or punishment that results in physical pain or injury, including mental injury. KRS 209.020. |
| Neglect | Obtaining or using another person's resources, including but not limited to funds, assets, or property, by deception, intimidation, or similar means, with the intent to deprive the person of those resources. KRS 209.020 |
| Exploitation | |
| To whom does it apply? | Persons eighteen (18) years of age or older who, because of mental or physical dysfunction, is unable to manage his own resources, carry out the activity of daily living, or protect himself from neglect, exploitation, or a hazardous or abusive situation without assistance from others, and who may be in need of protective services. KRS 209.020. |
| To whom reported? | The Department for Community Based Services of the Cabinet for Health and Family Services. |
| Mandatory Reporters | Any person, including but not limited to physician, law enforcement officer, nurse, social worker, cabinet personnel, coroner, medical examiner, alternate care facility employee, or caretaker, having reasonable cause to suspect that an adult has suffered abuse, neglect, or exploitation, shall report or cause reports to be made. |
| Action/Response | Upon receipt
of the report, the cabinet shall conduct an initial assessment and take
the following action: (a) Notify within twenty-four (24) hours of the receipt of the report the appropriate law enforcement agency. If information is gained through assessment or investigation relating to emergency circumstances or a potential crime, the cabinet shall immediately notify and document notification to the appropriate law enforcement agency; (b) Notify each appropriate authorized agency. The cabinet shall develop standardized procedures for notifying each appropriate authorized agency when an investigation begins and when conditions justify notification during the pendency of an investigation; (c) Initiate an investigation of the complaint; and (d) Make a written report of the initial findings together with a recommendation for further action, if indicated. |
| Non-Reporting Consequences | (1)
Anyone knowingly or wantonly violating the provisions of KRS 209.030(2)
shall be guilty of a Class B misdemeanor as designated in KRS 532.090.
Each violation shall constitute a separate offense. |
| State | Louisiana (back to top) |
| Abuse | The infliction of physical or mental injury on an adult by other parties, including but not limited to such means as sexual abuse, abandonment, isolation, exploitation, or extortion of funds or other things of value, to such an extent that his health, self-determination, or emotional well-being is endangered. RS 14:403.2 |
| Neglect | The failure, by a caregiver responsible for an adult's care or by other parties, to provide the proper or necessary support or medical, surgical, or any other care necessary for his well-being. No adult who is being provided treatment in accordance with a recognized religious method of healing in lieu of medical treatment shall for that reason alone be considered to be neglected or abused. RS 14:403.2 |
| Exploitation | The illegal or improper use or management of an aged person's or disabled adult's funds, assets, or property, or the use of an aged person's or disabled adult's power of attorney or guardianship for one's own profit or advantage. RS 14:403.2 |
| To whom does it apply? | Adults are any person sixty years or older, any disabled person eighteen years or older, or an emancipated minor. RS 14.403.2 |
| To whom reported? | Reports should be made to any adult protection agency or to any local or state law enforcement agency. RS 14.403.2 |
| Mandatory Reporters | It is mandatory that anyone who reasonably believes that an adult is being abused, neglected, or exploited file a report. RS 14:403.2 |
| Action/Response | If a report of sexual or physical abuse is made, the adult protection agency will notify the chief law enforcement agency where the incident took place. When any report is made, the adult protection agency will make a prompt investigation and assessment. The investigation and assessment will include the nature, extent, and cause of the abuse and neglect, the identity of the person responsible, and an interview with the adult and visit to the adult’s home. RS 14:403.2 |
| Non-Reporting Consequences | Anyone who knows of abuse, neglect, exploitation and fails to report, will be fined no more than $500 or imprisoned no more than 6 months, or both. Anyone who makes a false report, will not be fined more than $1,000, imprisoned with or without hard labor for more than one year, or both. RS 14:403.2 |
| State | Maine (back to top) |
| Abuse | The infliction of injury, unreasonable confinement, intimidation or cruel punishment with resulting physical harm or pain or mental anguish; sexual abuse or exploitation; or the willful deprivation of essential needs. (22 MRSA §3472) |
| Neglect | A threat to an adult's health or welfare by physical or mental injury or impairment, deprivation of essential needs or lack of protection from these. (22 MRSA §3472) |
| Exploitation | The illegal or improper use of an incapacitated adult or his resources for another's profit or advantage. (22 MRSA §3472) |
| To whom does it apply? | |
| To whom reported? | Report abuse
neglect or exploitation in licensed nursing facilities to the Department of Health and Human Services, Division of Licensing and Certification at: Statewide toll-free 1-800-383-2441 TTY 624-5512 Report all other adult abuse, neglect or exploitation to Office of Elder Services, Adult Protective Services at: Statewide 24-hour Toll Free 1-800-624-8404 TTY (during business hours) 1-800-624-8404 TTY (after hours) 1-800-963-9490 For Out-of-State Calls: All calls, V/TTY (during business hours) 207-532-5047 After hours 207-287-6083 TTY (after hours) 207-287-3492 |
| Mandatory Reporters | Professionals
who must report:
Ambulance Attendant Law Enforcement Official Physician
(MD and DO) |
| Action/Response | When a report of alleged abuse, neglect or exploitation of a resident is made to the Department, OES is notified and will record the report and decide whether to assign the case for investigation. Upon finding evidence indicating that a person has abused or neglected an incapacitated or dependent adult resulting in serious harm, or has exploited an incapacitated or dependent adult, the Department is required to notify the District Attorney or law enforcement. Suspected abuse, neglect or exploitation on the part of staff in licensed facilities is also reported to the Health Care Crimes Unit of the Attorney General's Office. |
| Non-Reporting Consequences | |
| State | Maryland (back to top) |
| Abuse | the sustaining of any physical injury as a result of cruel or inhumane treatment or as a result of a malicious act by another person |
| Neglect | the willful deprivation of adequate food, clothing, medical, medical treatment, or rehabilitative therapy, shelter or supervision |
| Exploitation | the misuse of money, property, or resources for another's benefit |
| To whom does it apply? | A person age of 55 or over |
| To whom reported? | Adult Protective Services, Consumer Affairs, County Police Department |
| Mandatory Reporters | |
| Action/Response | |
| Non-Reporting Consequences | |
| State | Massachusetts (back to top) |
| Abuse | an act or omission which results in serious physical or emotional injury to an elderly person or the failure, inability or resistance of an elderly person to provide for him one or more of the necessities essential for physical and emotional well-being without which the elderly person would be unable to safely remain in the community |
| Neglect | |
| Exploitation | an act or omission by another person, which causes a substantial monetary or property loss to an elderly person, or causes a substantial monetary or property gain to the other person, which would otherwise benefit the elderly person but for the act or omission of such other person. (MA ST 19A §14) |
| To whom does it apply? | an individual who is sixty years of age or over |
| To whom reported? | Department of Elder Affairs |
| Mandatory Reporters | Social workers;
family counselors; licensed psychologists; policemen; nurses; physicians; physician assistants; medical interns; dentists; emergency medical technicians; registered physical therapists; registered occupational therapists; osteopaths; and podiatrists. MA ST 19A § 15(a) |
| Action/Response | The department or its designated agency shall assess and evaluate the information reported. Such assessment shall include a visit to the residence of the elderly person who is the subject of the report and who have knowledge of the elderly person’s situation including the person filing the report. If the assessment shows that elderly person is suffering from abuse, the department or the designated agency shall evaluate the elderly person’s functional capacity, situation, and resources and shall develop a service plan for the provision of protective services. If an emergency exists, assessments shall be completed within twenty-four hours of the receipt of the report. |
| Non-Reporting Consequences | Fine up to $1000 |
| State | Michigan (back to top) |
| Abuse | “Abuse” means harm or threatened harm to an adult's health or welfare caused by another person. Abuse includes, but is not limited to, nonaccidental physical or mental injury, sexual abuse, or maltreatment. (400.11) |
| Neglect | Neglect means harm to an adult's health or welfare caused by the inability of the adult to respond to a harmful situation or by the conduct of a person who assumes responsibility for a significant aspect of the adult's health or welfare. Neglect includes the failure to provide adequate food, clothing, shelter, or medical care. |
| Exploitation | “Exploitation” means an action that involves the misuse of an adult's funds, property, or personal dignity by another person. |
| To whom does it apply? | “adult” means a vulnerable person not less than 18 years of age who is suspected of being or believed to be abused, neglected, or exploited. |
| To whom reported? | The county department of social services |
| Mandatory Reporters | A person who is employed, licensed, registered, or certified to provide health care, educational, social welfare, mental health, or other human services; an employee of an agency licensed to provide health care, educational, social welfare, mental health, or other human services; a law enforcement officer; or an employee of the office of the county medical examiner. (400.11a) |
| Action/Response | Within 24 hours after receiving a report made or information obtained, the county family independence agency shall commence an investigation. The local law enforcement officers shall cooperate with the county department in an investigation of suspected abuse, neglect, or exploitation. The investigation includes interview with the adult. (400.11b) |
| Non-Reporting Consequences | Liable for civil damages and a civil fine of $500. (400.11e) |
| State | Minnesota (back to top) |
| Abuse | hitting, slapping, kicking, pinching, biting, or corporal punishment; use of repeated or malicious oral, written, or gestured language toward a vulnerable adult; use of any aversive or deprivation procedure, unreasonable confinement, or involuntary seclusion (626.5572) |
| Neglect | The failure or omission by a caregiver to supply a vulnerable adult with care or services, including food, clothing, shelter, health care, or supervision |
| Exploitation | engages in unauthorized expenditure of funds entrusted to the actor by the vulnerable adult which results in detriment to the vulnerable adult; or fails to use the financial resources of the vulnerable adult to provide food, clothing, shelter, health care, therapeutic conduct or supervision for the vulnerable adult; In the absence of legal authority a person: willfully uses, withholds, or disposes of funds or property of a vulnerable adult; acquires possession or control of, or an interest in, funds or property of a vulnerable adult through the use of undue influence, harassment, duress, deception, or fraud; or |