NCJ Number
104738
Journal
Fordham Urban Law Journal Volume: 14 Issue: 3 Dated: (1985-1986) Pages: 723-772
Date Published
1986
Length
49 pages
Annotation
After examining existing State statutes mandating the reporting of in-home elder abuse, this article recommends that New York not adopt similar legislation but opt instead for amendments to existing law.
Abstract
State statutes which require the reporting of known or suspected cases of abuse and neglect of the elderly are in three categories: those that require the reporting of suspected abuse of persons over a certain age, those that mandate reporting of abuse of all adults, and those that provide for the voluntary reporting of suspected abuse. The statutes that are age based are the most controversial. They parallel child abuse reporting statutes under the assumption that, like children, the elderly are incapable of taking the initiative to address their own abuse. Such laws infantilize the elderly, limit their freedom to control their own lives, and tend to operate under the assumption that to identify abuse cases is the most important step in resolving the problem. New York currently has a mandated social service program designed to prevent or remedy neglect, abuse, or the exploitation of adults in need. This statute could be enhanced to better remedy abuse of the elderly through continuance of a voluntary reporting system with improved community awareness and administrative procedures, through a statewide registry and confidentiality protection, and through an annual report to the legislature on how the legislation is working. Appended features of State reporting statutes and 237 footnotes.