Is anyone aware of any laws in the following states pertaining to "elder abuse"? IL, MA, NY, TX and WA are the states that I would like to know more about, as our state chartered bank has branches in all five of the states mentioned. I am aware that California has an elder abuse law, SB 1018, which goes into effect on January 1, 2007. However, I am not aware if there are any other states that have enacted an elder abuse law. Any assistance or guidance would be greatly appreciated.

See web page

Yikes...yet another website blocked by our Security folks. I'll check it from home. What an inconvenience.

Thank you for the aforementioned web site. Likewise LoisLane I have the same problem, as our IT security people filters web sites for advocacy groups. In the meantime besides the web site are there any other sources that someone wish to share. Bascially I just need to know whether the 5 states that were previously listed have enacted any legislation that banks must comply with as it pertains to elder abuse. Thanks in advance for any help you can provide.

I'm interested in Alabama, Georgia, Nevada, Florida and Texas. Even for those states where no legislation has been passed, I'd like to know the procedure (and address) for reporting elder abuse.

The website that Tom referenced certainly mentions Florida, and includes reporting responsibilities for financial institutions.


The 2004 Florida Statutes

Title XXX
SOCIAL WELFARE Chapter 415
ADULT PROTECTIVE SERVICES View Entire Chapter

415.1034 Mandatory reporting of abuse, neglect, or exploitation of vulnerable adults; mandatory reports of death.--

(1) MANDATORY REPORTING.--

(a) Any person, including, but not limited to, any:

1. Physician, osteopathic physician, medical examiner, chiropractic physician, nurse, paramedic, etc.

2. Health professional or mental health professional other than one listed in subparagraph 1.;

. . . . .

8. Bank, savings and loan, or credit union officer, trustee, or employee,

who knows, or has reasonable cause to suspect, that a vulnerable adult has been or is being abused, neglected, or exploited shall immediately report such knowledge or suspicion to the central abuse hotline.

Is anyone aware of reportting responsibilities on behalf of financial institutions in the following states: IL, MA, NY, TX and WA. I just really need to know whether any of these states are included. If so, then I can do my own footwork.

Thanks

Thank you

LoisLane:

Go to www.elderabusecenter.org if your security system will let you search the internet.

I believe reporting elder abuse is still voluntary for FIs in WA

Hi Lois,

I was able to log onto the web site from my computer at home. There's a matrix like chart of all 50 states reflecting which professions must report elder abuse. As for financial institution professionals and staff, there are only 3 states with laws on the book and where financial institutions must report. They are Arizona, California, and Florida. So if your institution operates a branch in any of the 3 states then you must report.

This is my opinion and not that of my employer.

I'll look for the matrix...I'm still waiting for IT to do its thing so I can check the website. We do have Florida branches and I understand the California requirements apply to banks in all states if the customer has a California address.

Out of curiosity could you please point out to me or provide a citation in the California law of where the requirements apply to banks in all states if the customer has a Califronia address? Would this located be in SB 1018?

Thanks

Sec. 4. Section 15630.1 is added to the Welfare and Institutions Code and becomes effective 1/1/13. Nothing in the law prevents reporting in the meantime.

Tom thanks so much for posting about this website. The IT darlings finally gave me access and I've found some wonderful material.

TX definitely has one. Look at Chapter 48 of the Texas Human Resources Code.

Correction:

The law becomes effective January 1, 2007 and remains effective until January 1, 2013 (unless extended by the Legislature).

I was under the impression that currently in IL, MA, NY, TX and WA state, there were no laws stating that financial institutions and their staff must mandatorily report elder abuse. As I alluded to Lois in a previous e-mail upon the visiting an elder abuse state-by-state web site, the matrix contains all 50 states and is indicated by marked dots whether that state requires financial institutions i.e. (banks) to report.

This is part of the recent training on did on Elder Abuse in IL:

The State of California has passed legislation protecting elderly California residents served by financial institutions wherever they are located. You wlll read about the California FEAR Act in this course, including the potential for civil penalties to be assessed against the bank in the event of a failure to report. Remember, we may be dealing with a California resident in the mortgage department, wire department or on the teller line, so this applies to you!

Additionally, Illinois has its own laws designed to protect against elder abuse. The Elder Abuse and Neglect Act sets forth specific professions (mandated reporters) who are required by law to report suspected elder abuse. Bankers, at this time, are not mandated reporters, but all Illinois residents are encouraged to voluntarily report any suspected mistreatment of older persons (60 and up in IL).

To report suspected abuse in IL, you may call:<br>
IL Dept on Aging Senior Helpline at 800-252-8966 (M-F, 8:30 - 5:00);<br>
After hours, weekends, and holidays call 800-279-0400 <br>
<br>
You are protected by law, when a report is made in good faith, from civil and criminal liability, as well as professional disciplinary action (including employer retaliation). Anonymous reports are also accepted.<br>
<br>
Although you will be required to give the customer's name, address and phone number, specific account information (account number, SSN, etc.) should not be given during the initial report, unless required by law.<br>
<br>
You can find out more information on IL on the Department of Aging's website.

The Edcomm Group offers an excellent eLearning program for banks on Elder Financial Abuse. It includes up to date reporting regulations for all states (you click on your state and it takes you to your regulations) as well as information on how to recognize the signs of EFA. I would be happy to set up access to a demonstration of the course that will provide answers to your questions (no obligation!).

By the way, I am President of The Edcomm Group. If I can be of help please call or email me - or you can visit www.bankersacademy.com for more information.

Linda

Dr. Linda Eagle
President
The Edcomm Group
www.bankersacademy.com
888.433.2666

The new California law which makes financial institutions mandatory reporters effective 1/1/07 applies not only to California residents who are "elder" [defined in Welfare & Institutions Code Section 15610.27 as being 65 years of age or older] but also to California residents who are "dependent adults" [defined in Welfare & Institutions Code Section 15610.23(a) as:

"any person between the ages of 18 and 64 years who resides in this state and who has physical or mental limitations that restrict his or her ability to carry out
normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities, or whose physical or mental abilities have diminished because of age."

If the new law applies to your institution, be careful not to exclude "dependent adults" from the scope of whatever policies and/or training your institution adopts.

[Post removed]

The State of California has passed legislation protecting elderly California residents served by financial institutions wherever they are located.

Could you please clarify what you mean by protecting elderly California residents served by financial institutions wherever they are located? I am concerned because while our corporate office is based in California, we have branch offices in 5 other states.

Thank you

The Financial Elder Abuse Reporting (FEAR) Act is a California law that protects California residents. If you have accountholders that live in California, no matter where your offices are located, your employees will have to comply. The Act also applies to non-accountholders!

Financial institutions should have training in place by January 2007 in order to comply. [This portion of post removed.]

Have a great day!

Julie
Julie Duepner
The Edcomm Group
Julie.duepner@edcomm.com
www.edcomm.com
www.bankersacademy.com
888 4 EDCOMM


The Edcomm Group is a 19-year-old multimedia education and communication consulting firm specializing in the development of creative business solutions that improve productivity, customer service and market share, providing bottom-line results.