Location:
ELDERLY ABUSE;
Scope:
Connecticut laws/regulations;

OLR Research Report


September 21, 2012

 

2012-R-0437

MANDATORY REPORTING OF ELDER ABUSE

By: Nicole Dube, Associate Analyst

This report provides information on state elder abuse reporting requirements and statutory penalties.

MANDATORY REPORTING OF ELDER ABUSE

The law requires certain professionals to report suspected abuse, neglect, abandonment, or exploitation of the elderly to the Department of Social Services (DSS). They must also report to DSS if they suspect an elderly person is in need of protective services. Reports must be made to DSS within five days except if the incident that is the subject of the report occurs in a long-term care facility, in which case it must be reported within 72 hours.

Mandated reporters include:

1. licensed physicians and surgeons;

2. resident physicians and interns at any hospital in the state;

3. registered and licensed practical nurses;

4. nursing home administrators, staff, and anyone paid to care for a nursing home patient;

5. nurse's aides or orderlies working in a nursing home;

6. patient advocates;

7. medical examiners;

8. dentists;

9. optometrists;

10. chiropractors;

11. podiatrists;

12. social workers;

13. clergymen;

14. police officers;

15. pharmacists;

16. psychologists; and

17. physical therapists CGA 17b-407.

A mandated reporter who fails to report within the prescribed period to DSS can be fined up to $500. If the failure to report is intentional, the person can be charged with a Class C misdemeanor (up to 3 months imprisonment, a fine up to $500, or both) for the first offense and a Class A misdemeanor (up to one year imprisonment, a fine up to $2,000, or both) for any subsequent offense (CGS 17b-451).

STATUTORY PENALTIES

Table 1 provides a list of statutory penalties pertaining to elder abuse and neglect.

Table 1: Elder Abuse and Neglect Statutory Penalties

Statute

Type

Class

Name

Jail Time

Fine

53a-59a

Felony

B

ASSAULT 1- VICTIM ELDERLY OR OTHER

5 to 20 years

Up to $15,000

53a-60b

Felony

D

ASSAULT 2- VICTIM ELDERLY OR OTHER

2 to 5 years

Up to $5,000

53a-60c

Felony

D

ASSAULT 2 W/FIREARM-VICTIM ELDER OR OTHER

3 to 5 years

Up to $5,000

53a-61a

Mis.

A

ASSAULT 3- VICTIM ELDERLY OR OTHER

1 year

Up to $2,000

53a-63

Mis.

A

RECKLESS ENDANGERMENT 1st DEG (NOT SPECIFIC TO SENIORS)

Up to 1 year

Up to $2,000

53a-64

Mis.

B

RECKLESS ENDANGERMENT 2nd DEG (NOT SPECIFIC TO SENIORS)

Up to six months

Up to $1,000

53a-321

Felony

C

ABUSE OF ELDERLY OR OTHER 1ST DEG

Up to 10 years

Up to $10,000

53a-322

Felony

D

ABUSE OF ELDERLY OR OTHER 2nd DEG

Up to 5 years

Up to $5,000

53a-323

Mis.

A

ABUSE OF ELDERLY OR OTHER 3rd DEG

Up to 1 year

Up to $2,000

53-20

Unclassified felony

CRUELTY TO PERSONS (NOT SPECIFIC TO SENIORS)

Up to 5 years

Up to $5,000

ND:ts