[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]