Mandatory Reporting: Relationship of APS Statute Language on State Reported Elder Abuse

TLDR

In 44 states and D.C., caregivers of the elderly are legally required to report suspected abuse, with 38 states imposing penalties for non‑reporting. The study evaluates how the wording of state adult protective service mandatory‑reporting statutes relates to rates of reported, investigated, and substantiated domestic elder abuse. States with a mandatory‑reporting requirement see higher investigation rates, and the requirement itself is a key component of APS legislation, though details such as reporter type, penalties, or reporting timeliness do not significantly alter reporting, investigation, or substantiation rates.

Abstract

ABSTRACT Forty-four states and the District of Columbia have laws providing that individuals who assume the care or custody of the elderly are considered mandatory reporters and must report suspected abuse. A mandatory reporter is a person required by law to report allegations and/or suspicions of abuse. Thirty-eight state statutes specify a penalty for mandatory reporters who do not report when they should. The purpose of this study is to evaluate the relationship of state adult protective service wording of mandatory reporting on the rates of reported, investigated and substantiated domestic elder abuse. Higher investigation rates were associated with a mandatory reporting requirement. Description of mandatory reporter, penalty for failure to report abuse allegations, and time to report an abuse allegation did not result in a significant difference in report, investigation, and substantiation rates. Legislation is associated with aspects of adult protective service practice. The requirement that mandatory reporters report an abuse allegation is an important component of adult protective services legislation.