Out of the Shadows
Uncovering Substance Use and Elder Abuse

Module 5: Intervention and Treatment - Page 5 of 20

Reporting Elder Abuse

a man and a cop talking

Regardless of variations in coverage and definition, most States have mandatory reporting procedures that require certain professionals to report suspected cases of elder abuse.

Mandatory reporting involves two categories:

Health care professionals, long-term care facility personnel, and mental health professionals are almost uniformly required to report abuse. Some States have exempted certain professionals, such as clergy, physicians, lawyers, and therapists who work personally with the victims or perpetrators.

States differ in the type of abuse that triggers the reporting requirement. For example, in Missouri, the likelihood of suffering physical harm and the need for protective services force the reporting. Some States enable professionals to use their own judgment. Illinois specifies additional conditions on reporting. The person filing the report must believe the adult is unable to seek assistance for himself or herself, and the abuse/neglect or financial exploitation must have occurred with the previous 12 months. To date, 44 States have some form of mandatory reporting.

All States grant mandatory and voluntary reporters good faith immunity from civil and criminal liability. To be protected, a person must believe his or her report is based on the truth or what is reasonably true. Civil immunity, in most cases, protects the reporter from being sued for defamation or malicious prosecution. In States requiring mandatory reporting of elder abuse, failure to report is a misdemeanor of varying degrees.ref

The National Center on Elder Abuse provides a list of State elder abuse toll-free hotlines to help vulnerable adults who may be in abuse situations.

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