Jump to navigation Jump to content

Suspect Elder Abuse? Learn About Mandated Reporting

Last year in Virginia, local departments of social services received 13,515 reports of adult abuse, neglect, or exploitation. 65% of these reports were later substantiated. 35% of all adult abuse reports come from a relative of the suspected victim, with the remaining reports coming from physicians, friends, social workers, and other professionals or community members.

In order to try and protect Virginia’s growing population of adults and elders who are at risk of becoming victims of abuse, neglect, or exploitation, the Virginia Department of Social Services has enacted laws that require certain professionals, called mandated reporters, to contact the local department of social services or the Adult Protective Services (APS) Hotline if they suspect that an elder or an adult who is incapacitated is being abused, neglected, or exploited or is at risk of abuse, neglect or exploitation.

Mandated Reporting in Virginia

According to the Virginia Department of Social Services:
• Mandatory reporters are required by law to report suspected cases of abuse immediately to their local department of social services or to the 24-hour APS hotline.
• A civil penalty of up to $1,000 may be imposed if the mandatory reporter fails to report a suspected case of abuse, neglect, or exploitation within 24 hours.
• If a death occurs and is suspected to stem from abuse or neglect, the mandatory reporter is required to contact both law enforcement and the medical examiners.
• Mandatory reporters are protected from liability when they report suspected cases in good faith.

Criteria for a Valid Report of Abuse, Neglect, or Exploitation

The Virginia Department of Social Services maintains the following criteria for a report of abuse to be considered valid. Reports that do not meet these validity criteria may cause the reporter to be referred to an appropriate agency or service provider.
• The adult must be at least 60 years or older or age 18 to 59 and incapacitated;
• The adult must be living and identifiable;
• Circumstances must allege abuse, neglect or exploitation; and
• The local department must be the agency of jurisdiction.

Who is a Mandatory Reporter in Virginia?

The following professionals are considered mandatory reporters in the State of Virginia:
1. Any person licensed, certified, or registered by the following health regulatory boards:
• Board of Nursing
• Board of Medicine
• Board of Dentistry
• Board of Funeral Directors and Embalmers
• Board of Optometry
• Board of Counseling
• Board of Psychology
• Board of Social Work
• Board of Long-Term Care Administrators
• Board of Audiology and Speech Pathology
• Board of Physical Therapy
2. Any mental health services provider
3. Any emergency medical services personnel certified by the Board of Health
4. Any guardian or conservator of an adult
5. Any person employed by or contracted with a public or private agency or facility and working with adults in an administrative, supportive or direct care capacity
6. Any person providing full, intermittent, or occasional care to an adult for compensation, including but not limited to companion, chore, homemaker, and personal care workers
7. Any law-enforcement officer

If you are looking for an experienced Virginia nursing home abuse or neglect personal injury attorney who will fight for your rights while you and your family recover, please contact the offices of Weisberg & Zaleski, P.C today.

Weisberg & Zaleski, P.C.
112 College Place
Norfolk, VA 23510

Toll Free: (800) 690-0235
Phone: (757) 622-7740
Fax: (757) 533-9223




Michael S. Weisberg, P.C.
112 College Place
Norfolk, VA 23510
Phone: (757) 622-7740
Fax: (757) 533-9223
Toll Free: (800) 690-0235
Email: info@weislaw.com
www.weislaw.com