Legal & EthicalQuestion 177 of 200
A CNA reports in good faith a suspected case of elder abuse, but it turns out to be unfounded. Under W&I §15634, the CNA:
a.Can be sued for defamation by the accused
b.Loses their CNA certification
c.Must pay a fine
d.Is immune from civil or criminal liability for the report when made in good faith, regardless of whether abuse is ultimately substantiated
Explanation
W&I §15634 grants mandated and non-mandated reporters who report suspected elder/dependent adult abuse in good faith immunity from civil or criminal liability arising from the report, even if the report turns out to be unfounded. This protection encourages reporting without fear of retaliation. The reporter's identity is also confidential and may only be disclosed in limited circumstances. Conversely, FAILURE to report is a misdemeanor with up to 6 months jail and a $1,000 fine (or higher with great bodily injury/death) under W&I §15630(h).
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