Mental HealthQuestion 142 of 200

Under W&I §15630, a mandated reporter who suspects physical abuse of a long-term care resident must make a TELEPHONE report:

a.Only if the resident and her legal representative both agree in writing that a report should be filed
b.Within 30 days of first suspecting that abuse has occurred
c.Only after the resident's family has been notified in writing
d.Immediately, or as soon as practicably possible, and submit a written report within 2 working days

Explanation

W&I §15630(b)(1)(A) requires immediate telephone (or via confidential internet report) notification, or as soon as practicably possible, to the local ombudsman, law enforcement, or APS depending on setting (in an LTC facility, ombudsman/law enforcement for physical abuse and serious bodily injury). A written report (form SOC 341) must follow within 2 working days. The resident's consent is NOT required. Delaying for family (c) or resident permission (a) violates the statute. Failure to report is a misdemeanor with fines up to $5,000 and possible jail time under W&I §15630(h).

Law Reference: W&I §15630(b)(1)(A); W&I §15658

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