New Colorado Law for Mandatory Reporting of Elder Abuse

Author

Gormley, Jennifer S., P.C.

Posted on

Apr 06, 2014

Book/Edition

Colorado - Denver Metro , Colorado - Denver North Metro , Colorado - Denver South Metro

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Colorado has a new law that requires mandatory reporting of abuse and exploitation of at-risk elders. (C.R.S. 18-6.5-108) In 2013, the general assembly expanded the law to create mandatory reporting requirements so that at-risk elders are afforded more protection under the law. Beginning on July 1, 2014, mandatory reporting shall take effect and it has penalties for those persons that fail to report abuse or exploitation of at-risk elders. An at-risk elder is any person who is seventy years of age or older.[i] Now when certain persons observe abuse or exploitation or if they have reasonable cause to believe that the at-risk elder has been abused or exploited, or even if they believe there is an imminent risk of abuse or exploitation, that person is required to make a report to a law enforcement agency within twenty-four hours of making the observation or discovery.
Those persons required to report are a long list of professionals identified by the law including: medical and mental health professional, social workers, dentists, law enforcement officials, guardians and conservators, clergy (with some exceptions), caretakers, home health providers and professionals associated with care facilities, personnel at banks or financial institutions, fire protection personnel and others. These professionals, whether paid or unpaid, must report the abuse or exploitation to law enforcement. Willfully violation of this law is a class 3 misdemeanor. Reporting is not required if the person knows that another person has already reported the abuse or exploitation. Law enforcement must notify the county department and the district attorneys office within twenty-four hours of receiving the report and law enforcement shall complete a criminal investigation when appropriate. Immunity from suit and liability for damages is given to the person making the good faith report, except that no immunity is given to the alleged perpetrator of the abuse or exploitation.
At-risk elders now have more protection because many more people in the elders life are required to make a report to law enforcement within twenty-four hours. The days of looking the other way, minding your own business or assuming that someone else is reporting the abuse or exploitation are gone now. A mandatory reporter that observes or has reasonable cause to believe that an at-risk elder has been abused or exploited is required make a report within twenty-four hours. This law penalizes a person for not reporting, whether they were working for the elder or not.
Editors Note: Jennifer S. Gormley, Esq. is an elder law attorney and advocate for elders, at-risk adults and persons with disabilities. Ms. Gormley is also an Adjunct Law Professor at University of Denver Sturm College of Law where she teaches elder law. To contact Jennifer Gormley, please call 303-783-9600 or email, Jennifer@elderlawsource.com. The Law Office of Jennifer S. Gormley, P.C. is located in Greenwood Village, Colorado.

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