September 21, 2012 |
2012-R-0437 | |
MANDATORY REPORTING OF ELDER ABUSE | ||
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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 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 |
Felony |
B |
ASSAULT 1- VICTIM ELDERLY OR OTHER |
5 to 20 years |
Up to $15,000 | |
Felony |
D |
ASSAULT 2- VICTIM ELDERLY OR OTHER |
2 to 5 years |
Up to $5,000 | |
Felony |
D |
ASSAULT 2 W/FIREARM-VICTIM ELDER OR OTHER |
3 to 5 years |
Up to $5,000 | |
Mis. |
A |
ASSAULT 3- VICTIM ELDERLY OR OTHER |
1 year |
Up to $2,000 | |
Mis. |
A |
RECKLESS ENDANGERMENT 1st DEG (NOT SPECIFIC TO SENIORS) |
Up to 1 year |
Up to $2,000 | |
Mis. |
B |
RECKLESS ENDANGERMENT 2nd DEG (NOT SPECIFIC TO SENIORS) |
Up to six months |
Up to $1,000 | |
Felony |
C |
ABUSE OF ELDERLY OR OTHER 1ST DEG |
Up to 10 years |
Up to $10,000 | |
Felony |
D |
ABUSE OF ELDERLY OR OTHER 2nd DEG |
Up to 5 years |
Up to $5,000 | |
Mis. |
A |
ABUSE OF ELDERLY OR OTHER 3rd DEG |
Up to 1 year |
Up to $2,000 | |
Unclassified felony |
CRUELTY TO PERSONS (NOT SPECIFIC TO SENIORS) |
Up to 5 years |
Up to $5,000 | ||
ND:ts