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ELDER ABUSE LAWS AND MANDATED REPORTING - CONNECTICUT
The material provided on the 211 eLibrary is for informational purposes only. It is not intended to be and should not be construed as legal advice.
The following information is summarized from: Conn. General Statutes, Sec.17b-450, Conn. General Statutes, Sec.17b-451, and Conn. General Assembly, Office of Legislative Research Report #2000-R-0855
WHAT IS ELDER ABUSE UNDER CONNECTICUT LAW?
According to the Connecticut General Statutes, Sec.17b-450:
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The term "elderly person" means any resident of Connecticut who is sixty years of age or older.
An elderly person shall be deemed to be "in need of protective services" if such person is unable to perform or obtain services which are necessary to maintain physical and mental health.
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Abuse includes, but is not limited to, the willful infliction of physical pain, injury or mental anguish, or the willful deprivation by a caretaker of services which are necessary to maintain physical and mental health. Neglect refers to an elderly person who is either living alone and not able to provide for oneself the services which are necessary to maintain physical and mental health or is not receiving the said necessary services from the responsible caretaker. Exploitation refers to the act or process of taking advantage of an elderly person by another person or caretaker whether for monetary, personal or other benefit, gain or profit. Abandonment refers to the desertion or willful forsaking of an elderly person by a caretaker or the foregoing of duties or the withdrawal or neglect of duties and obligations owed an elderly person by a caretaker or other person.
WHO IS A MANDATED REPORTER FOR ELDER ABUSE?
The list of mandated reporters is very similar to that for child abuse and neglect. Included are:
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licensed physicians and surgeons and licensed or unlicensed residents and interns
- registered and licensed practical nurses
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nursing home administrators, nurse’s aides, orderlies, and anyone else paid for providing care in a nursing home
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patient advocates
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medical examiners
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dentists
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osteopaths, optometrists, chiropractors, and podiatrists
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psychologists and social workers
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clergy
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police officers
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pharmacists
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physical therapists
WHAT AND WHEN THEY MUST REPORT
When any mandated reporter has reasonable cause to suspect or believes that someone age 60 or over (1) has been abused, neglected, exploited, or abandoned, or is in a condition caused by one of these or (2) is in need of protective services (services designed to protect elderly individuals from such harm), he/she must report this to the Conn. Dept. of Social Services (DSS), Protective Services for the Elderly (PSE) within five days. Anyone who is required to report and doesn’t can be fined up to $500. The report, which can be made orally or in writing, must contain the name and address of the elderly person, information regarding the nature and extent of the problem, and any other information which the reporter believes might be helpful in an investigation. As with the child abuse cases, the law grants both civil and criminal immunity to reporters in proceedings that might arise from the report, except for liability for perjury, unless the reporter acted in bad faith or with malice. (CGS § 17b-451).
People who are not mandated to report, but who suspect abuse, neglect, exploitation or abandonment of an older adult are encouraged, but not required by law, to also report to DSS Protective Services for the Elderly (PSE).
TO FIND PROVIDERS IN CONNECTICUT'S COMMUNITY RESOURCES DATABASE:
Search by program name: Protective Services for the Elderly (PSE)
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SOURCES: Conn. General Statutes, Sec.17b-450
Conn. General Statutes, Sec.17b-451
Conn. General Assembly, Office of Legislative Research Report #2000-R-0855
PREPARED BY: 211/fj
CONTENT LAST REVIEWED: March2008
The material provided on the 211 Information Library is for informational purposes only. It is not intended to be and should not be construed as legal advice.
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