Newsroom

Date:01/01/04

New Mandatory Reporting Requirement for Elder Abuse

On January 1, 2004 paramedics and emergency medical technicians will be required, for the first time, to report suspected abuse, neglect and exploitation of persons 60 and over who, because of dysfunction, are unable to report for themselves. The reports, required by the Elder Abuse and Neglect Act (ILCS 320/01 et seq.), are to be made to the Illinois Department on Aging's Elder Abuse and Neglect Program. The statewide Senior HelpLine can be reached at 1-800-252-8966; at night and on weekends and holidays reporters may call 1-800-279-0400. Reports may also be made directly to designated elder abuse provider agencies at the local level.

Illinois joins the majority of states in mandating the reporting of suspected elder abuse, although in Illinois the mandatory reporting requirement applies only to an older person who "because of dysfunction is unable to seek assistance for himself or herself." This language allows for the protection of the most vulnerable older persons while not compromising the Elder Abuse Program's strong emphasis on the older person's right to self-determination. Voluntary reporting continues to be encouraged for suspected mistreatment of older citizens who have the ability to self report. Mandated reporters include a range of professionals, such as physicians, nurses, psychologists, and dentists; anyone in social services or law enforcement; virtually everyone in the Illinois Aging Network, and anyone who cares for an elderly person.

Reporters of elder abuse are provided by law with immunity from criminal and civil liability and professional disciplinary action. A reporter's name may be released only with the reporter's written permission or by order of a court. Willful failure to report will be a Class A Misdemeanor.

When a report is made, an elder abuse case worker, trained by the Department on Aging, responds within a specified time frame, conducts an assessment to determine if mistreatment is in fact occurring, and works with the competent older person to put interventions into place to reduce or eliminate the abuse. Strict confidentiality is maintained, and a competent older person may decline an investigation and/or services. The emphasis is on helping the older person to live safely and independently in the community to the maximum extent possible. Where the older person has cognitive impairments, legal steps are taken to protect him or her.

For more information about the Elder Abuse and Neglect Program or any service provided through the Illinois Aging Network, please call the Senior HelpLine at 1-800-252-8966.