Texas Law Alert: Summer 2007

REPORT ELDER ABUSE

It is a sad fact, but, with the increase in the population of the elderly, there is an increasing number of cases of elder abuse. Whether the abuse takes the form of a pattern of physical violence or just neglect, the problem is a growing one.

In order to combat elder abuse, Texas law requires that anyone who believes that an elderly or disabled person has been abused or neglected is required to report their suspicions to the Texas Department of Human Services or to local law enforcement agencies. Failure to do so can result in the person who failed to report the suspected abuse being charged with a misdemeanor.

Failure to report abuse has been made a crime because the elderly or disabled individual is often entirely dependent on his or her caregiver and may be unwilling, or even unable, to report abuse on his or her own. Symptoms of abuse or neglect range from the obvious (such as reports of abuse or assault, frequent or unexplained injuries, or a lack of sufficient food) to the more subtle (such as passive or emotionless behavior, fear of being alone with a caretaker, and being left unattended for extended periods of time).

Reports of suspected abuse may be made orally or in writing, and should include the name and address of the person being abused, the name and address of the person or facility responsible for the abuse, information about the abuse that is suspected, and any other relevant information. Abuse may be reported toll-free at 1-800-458-9858 (the Texas Department of Human Services) or 1-800-252-2400 (the Texas Department of Protective and Regulatory Services) or to local law enforcement agencies.