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days to the local adult protective services agency or the local law | enforcement agency. |
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| | 3.__Two or more mandated reporters.__When 2 or more mandated | reporters jointly have knowledge of or reasonably suspect that | financial abuse of an elder or a dependent adult for which a | report under subsection 2 is mandated has occurred, and when the | mandated reporters are in agreement, the telephone report may be | made by a member of the reporting team who is selected by mutual | agreement. A single report may be made and signed by the selected | member of the reporting team. Any member of the team who has | knowledge that the member designated to report has failed to do | so shall thereafter make that report. |
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| | 4.__Elder or dependent adult resides in long-term care | facility.__If the mandated reporter under subsection 2 knows that | the elder or dependent adult resides in a long-term care | facility, the report under subsection 2 must be made to the long- | term care ombudsman or a designee pursuant to Title 22, section | 5106, subsection 11-C or to a local law enforcement agency. |
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| | 5.__Allegation not sufficient for reporting requirement.__An | allegation by an elder or a dependent adult, or any other person, | that financial abuse has occurred is not sufficient to trigger | the reporting requirement under this section if both of the | following conditions are met. |
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| A.__The mandated reporter is aware of no other corroborating | or independent evidence of the alleged financial abuse of | the elder or dependent adult. The mandated reporter is not | required to investigate any accusations. |
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| B.__In the exercise of the mandated reporter's professional | judgment, the mandated reporter reasonably believes that | financial abuse of the elder or dependent adult did not | occur. |
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| | 6.__Failure to report.__A person who fails to report financial | abuse under this section commits a civil violation for which a | fine of not more than $1,000 may be adjudged or, if the failure | to report is willful, a civil violation for which a fine of not | more than $5,000 may be adjudged.__A financial institution that | is the employer of the mandated reporter shall pay a fine | adjudged under this subsection to the party bringing the action. |
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| | 7.__Fine payable to Attorney General or District Attorney.__ | The fine provided for in subsection 6 is recoverable only in a | civil action brought against the financial institution.__An | action may not be brought under this section by any person other |
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