[Previous] [Next]

§43A-10-104.


§43A-10-104.
   
   A. Any person having reasonable cause to believe that a vulnerable
   adult is suffering from abuse, neglect, or exploitation shall make a
   report to either the Department of Human Services, the office of the
   district attorney in the county in which the suspected abuse, neglect,
   or exploitation occurred or the local municipal police department or
   sheriff's department as soon as such person is aware of the situation.
   If a report is made to the Department of Human Services, the county
   office, after investigating the report, shall forward its findings to
   the office of the district attorney in the county in which the
   suspected abuse, neglect, or exploitation occurred. Persons required
   to make reports pursuant to this section shall include, but not be
   limited to:
   
   1. Physicians;
   
   2. Operators of emergency response vehicles and other medical
   professionals;
   
   3. Social workers and other mental health professionals;
   
   4. Law enforcement officials;
   
   5. Staff of domestic violence programs; and
   
   6. Long-term care facility personnel.
   
   B. The report shall contain the name and address of the vulnerable
   adult, the name and address of the caretaker, if any, and a
   description of the situation of the vulnerable adult.
   
   C. Any person who knowingly and willfully fails to promptly report any
   abuse, neglect, or exploitation as required by the provisions of
   subsection A of this section, upon conviction, shall be guilty of a
   misdemeanor.
   
   D. Any person participating in good faith and exercising due care in
   the making of a report pursuant to the provisions of this section
   shall have immunity from any civil or criminal liability that might
   otherwise be incurred or imposed. Any such participant shall have the
   same immunity with respect to participation in any judicial proceeding
   resulting from such report.
   
   E. Any person who willfully or recklessly makes a false report or a
   report without a reasonable basis in fact for such a report pursuant
   to the provisions of this section shall be civilly liable for any
   actual damages suffered by the person or persons being reported and
   for any punitive damages set by the court or jury which may be allowed
   in the discretion of the court or jury.
   
   F. Any state or county medical examiner or physician who has
   reasonable cause to suspect that the death of any vulnerable adult may
   be the result of abuse or neglect as defined by Section 10-103 of this
   title shall make a report to the district attorney of the county in
   which the death occurred. The report shall include the name of the
   person making the report, the name of the deceased person, the facts
   or other evidence supporting such suspicion, and any other information
   that may be of assistance to the district attorney in conducting an
   investigation into the matter.
   
   G. No employer shall terminate the employment, prevent or impair the
   practice or occupation of or impose any other sanction on any employee
   solely for the reason that the employee made or caused to be made a
   report or cooperated with an investigation pursuant to the Protective
   Services for Vulnerable Adults Act. A court, in addition to other
   damages and remedies, may assess reasonable attorney fees against an
   employer who has been found to have violated the provisions of this
   subsection.
   

[Previous] [Next]