NCJ Number
174391
Journal
Journal of Elder Abuse and Neglect Volume: 9 Issue: 3 Dated: 1998 Pages: 1-22
Date Published
1998
Length
22 pages
Annotation
After noting the failure of many specified professionals to report elder abuse or neglect under State mandatory reporting laws, this article proposes civil remedies for failure to report such abuse and neglect.
Abstract
Forty-two States and the District of Columbia currently have statutes that require specified professionals who have reason to believe or suspect that elder abuse or neglect is occurring to report the mistreatment to a designated public authority. Failure to report abuse is typically a criminal offense. Despite numerous studies that indicate professionals' failure to report, criminal enforcement of these laws has been ineffectual at best, or nonexistent at worst. This article proposes the use of civil remedies -- private damage actions or sanctions against licensure -- for the problem of nonreporting. Criminal statutes that mandate reporting of elder abuse and neglect are unnecessary in those States that have explicitly created a civil action for damages against professionals who intentionally or negligently fail to report elder abuse or neglect. The Arkansas reporting statute holds a mandated reporter civilly liable for damages proximately caused by "purposeful failure" to report. Iowa requires designated professionals to report suspected abuse or neglect of "dependent adults" and imposes civil liability for damages proximately caused by the failure to report. Another approach to sanctions for nonreporting is through professional sanctions. Licensed professionals are subject to control by a legislatively designated agency or board. These statutes provide numerous possibilities for altering professionals' behavior. Seven States make the failure to file any report required by law grounds for revocation of a doctor's professional license. This could be applied to mandated reports of elder abuse or neglect. 96 notes