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A mandated reporter’s failure to report abuse may result in:
Failure to report physical abuse, abandonment, isolation, financial abuse, or neglect of an elder or dependent adult is a misdemeanor, punishable by not more than six (6) months in county jail or by a fine of not more than one thousand dollars ($1000), or by both a fine and imprisonment.
As a mandated reporter, your identity is protected and can only be disclosed to certain entities, including:
(Choose all that apply)
The identity of all persons who make a report will be confidential and disclosed only among the following:
Adult protective services agencies
Long-Term Care Ombudsman Programs (with resident’s permission)
Licensing agencies or their counsel Local law enforcement agencies
Department of Justice, Bureau of Medi-Cal Fraud and Elder Abuse
By the Bureau to District Attorneys in a criminal prosecution
Upon waiver of confidentiality by the reporter
By a court order
True or False:
If you have doubts or concerns, you should not file a report.
It is your legal obligation to report known or suspected instances of elder or dependent adult abuse. Failure to report is a crime and there are strong penalties for anyone who fails to report.
If you have doubts or concerns, it is best to err on the side of caution and the law….file the report. There is no penalty for filing a report.
True or False:
Mandated reporters have no legal protections.
Under California law, mandated reporters who fail to report known or suspected instances of abuse are guilty of a crime. Individuals who fail to report will be prosecuted. Mandated reporters are also protected by law and are guaranteed certain confidentiality rights.