Mandatory Reporting Requirements: The Elderly
Idaho

• Licensed medical professionals;
• Emergency services personnel;
• Facility employees;
• Skilled nursing facility employees;
• Employees of an entity responsible for providing care to a vulnerable adult;
• Medical examiners;
• Social workers; or
• Law enforcement personnel.

When is a report required?

• If a mandatory reporter has reasonable cause to believe that a vulnerable adult is being or has been abused, neglected or exploited.

Where does it go?

• Reports can be made to the Idaho Commission on Aging (the “Commission”) at the following website: http://idaho.getcare.com/consumer/adult_protective_services_report.php.
• Reports to the Commission can be made by telephone to the local area agency on aging (phone numbers available at: https://idaho.getcare.com/consumer/connect.php ).
• When there is reasonable cause to believe that abuse or sexual assault has resulted in death or serious physical injury jeopardizing the life, health or safety of a vulnerable adult, must also report to the appropriate law enforcement agency.

• “Financial exploitation” means the illegal or improper use, control over, or withholding of the property, income, resources, or trust funds of a vulnerable adult by any person or entity for profit or advantage other than for the vulnerable adult's profit or advantage. The term “financial exploitation” includes but is not limited to:
  • The use of deception, intimidation, or undue influence by a person or an entity in a position of trust and confidence with a vulnerable adult to obtain or use the property, income, resources, or trust funds of the vulnerable adult for the benefit of a person or an entity other than the vulnerable adult;
  • The breach of a fiduciary duty, including but not limited to the misuse of a power of attorney, trust, or guardianship appointment that results in the unauthorized appropriation, sale, or transfer of the property, income, resources, belongings, or trust funds of the vulnerable adult for the benefit of a person or an entity other than the vulnerable adult;
  • Obtaining or using a vulnerable adult's property, income, belongings, resources, or trust funds without lawful authority by a person or an entity who knows or clearly should know that the vulnerable adult lacks the capacity to consent to the release or use of his property, income, belongings, resources, or trust funds.

• “Neglect” means the failure of a caregiver to provide food, clothing, shelter, or medical care, the absence of which impairs or threatens sustainable life or health of a vulnerable adult. 
• “Physical abuse” means the infliction of physical pain, injury, or unjust chemical or physical restraint on a vulnerable adult or death where: (i) The vulnerable adult’s condition or death is not justifiably explained; (ii) The history given concerning such condition or death is at variance with the degree or type of the condition or death; or (iii) Circumstances indicate that such condition or death may not be the product of an accidental occurrence.
• “Provider” means any area agency on aging or a person or an entity capable of providing adult protective services, including duly authorized agents and employees.
• “Psychological abuse” means the infliction of fear, anguish, agitation, or other emotional distress through verbal or nonverbal acts or through unjust confinement of a vulnerable adult.
• “Sexual abuse” means touching, fondling, intercourse, or any other sexual activity with a vulnerable adult when the vulnerable adult is unable to understand, unwilling to consent, threatened, or physically forced.
• “Vulnerable adult” means an adult who is unable to protect himself from maltreatment because of:  (i) a mental, physical, or developmental disability; (ii) a degenerative brain disease; (iii) an inability to communicate or implement decisions regarding his person; or (iv) Other infirmities of aging in an older adult.
• “Vulnerable adult maltreatment” or “maltreatment” means the intentional or negligent infliction of pain or injury on a vulnerable adult, including financial exploitation, human trafficking, neglect, physical abuse, psychological abuse, or sexual abuse.

Note: A person is not considered abused, neglected, or exploited for the sole reason that he is relying upon treatment by spiritual means through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination.

• Must report immediately.
• When there is reasonable cause to believe that abuse or sexual assault has resulted in death or serious physical injury jeopardizing the life, health or safety of a vulnerable adult, must also report within four (4) hours to the appropriate law enforcement agency.

• If known, the report shall contain:
• Name and address of the vulnerable adult;
• Name and address of the caregiver;
• Name and address of the alleged perpetrator;
• Nature and extent of suspected maltreatment
• Any other information that will be of assistance in the investigation.

• Failure to make a mandatory report is a misdemeanor, which is punishable by imprisonment not exceeding 6 months or fine not exceeding $1,000, or both. § 39-5303(2).
• If an employee at a state licensed or certified residential facility fails to report abuse or sexual assault that has resulted in death or serious physical injury jeopardizing the life, health, or safety of a vulnerable adult, DHW may also have the authority to revoke the facility’s license, or take other actions enumerated in § 39-5309.
• Requirements pertaining to mandatory reporting to the Idaho Commission on Aging or to the DHW do not apply to situations involving resident-to-resident contact within facilities or skilled nursing facilities that serve vulnerable adults, except in those cases involving sexual abuse, death, or serious physical injury that jeopardizes life, health, or safety of a vulnerable adult or repeated resident-to-resident physical or verbal altercations, not resulting in observable physical or mental injury, but constituting an ongoing pattern of resident behavior that a facility’s staff are unable to remedy through reasonable efforts.
• Any person, including any officer or employee of a financial institution, who has reasonable cause to believe that a vulnerable adult is being abused, neglected, or exploited may report such information to the Idaho Commission on Aging or to other providers.
• Any person who makes a report of vulnerable adult maltreatment in good faith shall be immune from any civil or criminal liability on account of such report, except that such immunity shall not extend to perjury, reports made in bad faith or with malicious purpose. § 39-5309.
• Any person who makes a report of vulnerable adult maltreatment in bad faith, with malice or knowing it to be false, shall be liable to the party against whom the report was made for the amount of actual damages sustained or statutory damages in the amount of $500, whichever is greater, plus attorney’s fees and costs of suit. If the court finds that the defendant acted with malice or oppression, the court may award treble actual damages or treble statutory damages, whichever is greater. § 39-5309.
• Idaho has an Office of Ombudsman for Long-Term Care responsible for receiving, investigating and resolving or closing complaints made by or on behalf of residents of long-term care facilities or persons aged 60 years or older.  The ombudsman is Fanny Rodriguez-Melnikovsky; contact information is frmelnikovsky@aging.idaho.gov or (208) 334-3833.

Adult Abuse, Neglect and Exploitation Act, Id. Code §§ 18-113; 39-5302; 39-5303; 39-5303A; 39-5304; 39-5309; 67-5009; 67-5011.