Reporting Elder Abuse in California

Protecting Our Elders: A Guide to Reporting Elder Abuse in California

California has a robust legal framework in place to protect vulnerable adults, including seniors, from abuse, neglect, and exploitation of elder abuse. Elder abuse is a serious issue that affects thousands of Californians each year, and it often goes unreported due to fear, shame, or lack of awareness. At KAASS LAW, we are committed to protecting the rights and well-being of our elderly community members. The following will provide a comprehensive guide to understanding and reporting elder abuse in California, empowering you to take action and help safeguard those who may be unable to protect themselves.

What is Elder Abuse?

Elder abuse is defined as any knowing, intentional, or negligent act by a caregiver or any other person that causes harm or serious risk of harm to an older adult. California law defines an older adult as anyone aged 65 or older

The List of Persons Who Are Required to Report Elder Abuse

• Administrators
• Supervisors
• Any licensed staff of a facility that provides care or services for elder
• Any elder or dependent adult care
• Custodian
• Health practitioner
• Clergy member
• An employee of a county adult protective services agency or a local law enforcement agency
• Any person who has assumed responsibility for the care or custody of an elder
• Officers and employees of financial institutions

When Must a Person Make a Report About the Elder Abuse?

A person must make a report as soon as possible by telephone, followed by a written report or Internet report through the confidential Internet reporting tool within two working days.

Reporting Physical Abuse

In case of physical abuse, and it has occurred in a long-term care facility, a person must make a to both law enforcement and the ombudsmen.

Reporting Serious Bodily Injury

In case of serious bodily injury, the reporter must contact law enforcement within two hours and make a report to the ombudsmen within twenty-four hours.

Reporting Less Than Serious Bodily Injury

The mandatory reporter has twenty-four hours to contact the ombudsman and law enforcement in case of less than serious bodily injury.

Types of Elder Abuse

Elder abuse can take many forms, including:

• Physical abuse: Inflicting physical pain or injury, such as hitting, slapping, pushing, or restraining.
• Sexual abuse: Any non-consensual sexual contact, including rape, molestation, or sexual exploitation.
• Emotional abuse: Verbal or nonverbal acts that cause emotional pain, distress, or anguish, such as yelling, insults, threats, humiliation, or isolation.
• Neglect: Failure to provide basic necessities like food, water, shelter, clothing, medical care, or hygiene.
• Financial abuse: Misusing or stealing an elder’s money or assets, including forging checks, using their credit cards, or coercing them into signing financial documents.
• Abandonment: Desertion of an elder by a caregiver or responsible party.
• Isolation: Preventing an elder from interacting with family, friends, or others.
• Self-neglect: An elder’s inability to care for their own basic needs, such as hygiene, nutrition, or medical care, due to physical or mental limitations.

Legislative Protection to the Mandatory Reporter

Under California law, a mandatory reporter cannot be held civilly or criminally liable for a report of elder abuse made in good faith. Moreover, mandatory reporters do not have any legal duty to investigate the report of elder abuse. They are only obliged to make that report.

Legal Consequences of Failure to Report Elder Abuse

The mandatory reporter who fails to report physical abuse, financial abuse, abandonment, isolation, abduction, or neglect of an elder will face:

• Up to six months in a county jail
• A fine of $1,000

The mandatory reporter who physical abuse, financial abuse, abandonment, isolation, abduction, or neglect where that abuse caused great bodily injury or death of an elder will face:

• Up to one year in a county jail
• A fine of $5,000.

In case the officer or an employee of a financial institution fails to report financial abuse, he will face

• A fine of $1000 or
• A fine of $5000 in case the failure to report is intentional.

Signs of Elder Abuse

Recognizing the signs of elder abuse is crucial for intervention and prevention. Some common signs include:

• Physical signs: Unexplained injuries, bruises, cuts, burns, or fractures.
• Behavioral signs: Sudden changes in behavior, withdrawal, depression, anxiety, or fearfulness.
• Emotional signs: Agitation, confusion, or emotional distress.
• Financial signs: Unexplained withdrawals from bank accounts, missing property, or changes in financial documents.
• Neglect signs: Poor hygiene, malnutrition, dehydration, or untreated medical conditions.

Who is a Mandated Reporter?

California law designates certain professionals as “mandated reporters,” requiring them to report suspected elder abuse. Mandated reporters include:

• Healthcare providers (doctors, nurses, social workers, etc.)
• Law enforcement officers
• Clergy members
• Financial institution employees
• Adult protective services workers
• Long-term care facility staff

How to Report Elder Abuse

If you suspect elder abuse, it’s crucial to report it immediately. Here’s how:

• If it’s life-threatening, call 911.
• If the abuse is not life-threatening:
  • Contact Adult Protective Services (APS): Each county in California has an APS agency that investigates reports of elder abuse and provides support services.
  • Contact law enforcement: You can also report elder abuse to your local police department or sheriff’s office.

What Happens After a Report is Made?

Once a report is made, APS or law enforcement will investigate the situation. This may involve interviewing the elder, the alleged abuser, and other witnesses. If the investigation finds evidence of abuse, APS or law enforcement will take steps to protect the elder and may pursue legal action against the abuser.

Protecting Yourself from Liability

California law protects individuals who report elder abuse in good faith from civil or criminal liability. This means that you cannot be sued or prosecuted for reporting suspected abuse, even if the investigation does not find evidence of abuse.

KAASS LAW: Your Partner in Protecting Elders

At KAASS LAW, we are dedicated to protecting the rights and well-being of older adults. If you suspect elder abuse, we can help you understand your reporting obligations, navigate the legal process, and advocate for the protection of the elder. We can also provide legal representation to elders who have been victims of abuse, neglect, or exploitation. Elder abuse is a serious issue, but it often goes unreported. Your report could make a significant difference in the life of a vulnerable elder. Contact KAASS LAW today for consultation. We’re here to help you protect our elders. Additionally, if your family suffered from elderly wrongful death by a caregiver, we can help represent and help your loved ones.