Do I Really Have to: An Examination of Mandatory Reporting Statutes and the Civil and Criminal Penalties Imposed for Failure to Report Elder Abuse
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Do I REALLY HAVE To?: AN
EXAMINATION OF MANDATORY
REPORTING STATUTES AND THE CIVIL
AND CRIMINAL PENALTIES IMPOSED FOR
FAILURE TO REPORT ELDER ABUSE
Rachael Bernal
Despite the growing evidence that elder abuse is a severe and growing
problem in the United States, Congress has been slow to enact legislation to
rectify the issue. Due to inaction from the legislature, there is little guidance
or support from the federal government as to how to address this ever-
growing problem. Coupled with lack of funding, the lack of federal guidance
on how to address elder abuse has hampered state mechanisms for prevention
and detection of elder abuse. This Note examines mandatory state reporting
statutes and the penalties they impose for failure to report suspected cases of
elder abuse, and provides a recommendation for effective mandated reporting
laws.
I. Introduction
Dennis Mathis, a seventy-eight-year-old resident of a Califor-
nia skilled nursing facility, depended on the care of staff to bathe and
relieve himself due to paralysis on the left side of his body.' Instead of
caring for Mr. Mathis, the certified nursing assistants (CNAs) at Mr.
Rachael Bernal is an Associate Editor, 2016-2017, Member 2015-2016, The Elder Law
Journal; J.D. 2017, University of Illinois, Urbana-Champaign; B.A. 2012, Bowdoin Col-
lege.
1. Pamila Lew et al., Victimized Twice: Abuse of Nursing Home Residents, No
Criminal Accountability for Perpetrators, DISABILITY RIGHTS CALIFORNIA 1, 7 (Apr.
2010), http://www.disabilityrightsca.org/pubs/548801.pdf [hereinafter Lew].](ViewImageLocal?handle=hein.journals/elder25&div=10&collection=&method=preview&ext=.png&size=3)
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