Mandated reporter; duties

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  • (a) Any mandated reporter who, in the mandated reporter's professional capacity, or within the scope of the mandated reporter's employment, has observed or has knowledge of an incident that reasonably appears to be physical abuse, abandonment, abduction, isolation, financial abuse, or neglect, or is told by an elder or dependent adult that he has experienced behavior, including an act or omission, constituting abuse, abandonment, abduction, isolation, financial abuse, or neglect, or reasonably suspects such conduct is taking place, shall report the known or suspected instance of abuse by telephone immediately or as soon as reasonable practicable, and by written report sent within two working days from the date of the reported incident to the Department of Human Services or the local law enforcement agency.

  • (b)

    • (1) Any mandated reporter who has knowledge, or reasonably suspects, that types of elder or dependent adult abuse for which reports are not mandated have been inflicted upon an elder or dependent adult, or that the elder's or dependent adult's emotional well-being is endangered in any other way, shall report the known or suspected instance of abuse to the Department of Human Services.

    • (2) If the conduct involves criminal activity, the mandated reporter or any person shall report it immediately to the appropriate law enforcement agency.

  • (c) When two or more mandated reporters are present and jointly have knowledge or reasonably suspect that types of abuse of an elder or dependent adult for which a report is or is not mandated have occurred, and when there is agreement among them, the telephone report may be made by a member of the team selected by mutual agreement, and a single report may be made and signed by the selected member of the reporting team. Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report.

  • (d) A telephone report of a known or suspected instance of elder or dependent adult abuse must include, the name of the person making the report, and if known, the name and age of the elder or dependent adult, the present location of the elder or dependent adult, the names and addresses of family members or any other person responsible for the elder or dependent adult's care, the nature and extent of the elder or dependent adult's condition, the date of the incident, and any other information, including information that led that person to suspect elder or dependent adult abuse, as requested by the agency receiving the report.

  • (e) The reporting duties under this section are confidential and no supervisor or administrator may impede or inhibit the reporting duties, and no person making the report may be subject to any sanction for making the report. However, internal procedures to facilitate reporting, ensure confidentiality, and apprise supervisors and administrators of reports may be established, if they are not inconsistent with this chapter.

  • (f) Any mandated reporter, administrator or supervisor who:

    • (1) fails to report abuse or neglect of an elder or dependent adult, in violation of this section, is guilty of a misdemeanor, punishable by a fine of not more than $1,000 or not more than six months' imprisonment, or both such fine and imprisonment; or

    • (2) fails to report abuse or neglect of an elder or dependent adult, in violation of this section, when that abuse or neglect results in death or great bodily injury, is guilty of a misdemeanor, punishable by a fine of not more than $5,000 or not more than one year's imprisonment, or both such fine and imprisonment.


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