LD 1782
pg. 5
Page 4 of 6 An Act To Prevent Elder and Dependent Adult Financial Abuse Page 6 of 6
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LR 2560
Item 1

 
1.__No liability.__A mandated reporter or an employee of an
adult protective services agency or a local law enforcement
agency who reports a known or suspected instance of financial
abuse of an elder or dependent adult is not civilly or criminally
liable for any report required or authorized by this chapter. Any
other person reporting a known or suspected instance of financial
abuse of an elder or dependent adult may not incur civil or
criminal liability as a result of any report authorized by this
chapter unless it can be proven that a false report was made and
the person knew that the report was false. A person required to
make a report pursuant to this chapter, or any person taking
photographs at that person's discretion, is not civilly or
criminally liable for taking photographs of an elder or a
dependent adult who is suspected to be the victim of financial
abuse or for causing photographs to be taken of such a victim or
for disseminating the photographs with the reports required by
this chapter. This section may not be construed to grant immunity
from this liability with respect to any other use of the
photographs.

 
2.__No liability for access.__A mandated reporter or an
employee of an adult protective services agency or a local law
enforcement agency who, pursuant to a request from an adult
protective services agency or a local law enforcement agency
investigating a report of known or suspected financial abuse of
an elder or a dependent adult, provides the requesting agency
with access to the elder or dependent adult who is known or
suspected to be the victim of that abuse is not civilly or
criminally liable as a result of providing that access.

 
§175.__Adult protective services agency to report to law

 
enforcement agency

 
An adult protective services agency shall immediately, or as
soon as practically possible, report by telephone to the
appropriate law enforcement agency any known or suspected
instance of criminal activity and to any public agency
responsible for the investigation of cases of elder and dependent
adult financial abuse.__Prior to making any cross-report of
allegations of financial abuse to law enforcement agencies, an
adult protective services agency shall first determine whether
there is reasonable suspicion of criminal activity.

 
§176.__Department of Health and Human Services to provide

 
information

 
The Department of Health and Human Services shall provide
mandated reporters with instructional materials regarding
financial abuse of an elder or a dependent adult and their


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