Module 5: Elder, Dependent Adult and Child Abuse Reporting
Every nurse at Heart of Humanity is a mandated reporter under California law. If you reasonably suspect abuse or neglect of a child, an elder or a dependent adult, you must report it yourself. You do not need proof.
Who is protected
- Child: anyone under 18
- Elder: anyone 65 or older
- Dependent adult: anyone 18 to 64 with physical or mental limitations that restrict their ability to carry out normal activities or protect their rights. This includes most of our Regional Center clients.
Types of abuse
- Physical abuse, including inappropriate restraint and unlawful corporal punishment
- Sexual abuse or exploitation
- Neglect, including failure to provide food, hygiene, medical care or a safe home. For elders and dependent adults this includes self-neglect.
- Financial abuse: taking or misusing an elder's or dependent adult's money or property
- Abandonment, isolation and abduction
- Emotional or mental abuse: threats, humiliation, intimidation
Warning signs
- Unexplained bruises, burns, fractures, or injuries in different stages of healing
- An explanation that does not match the injury
- Weight loss, dehydration, poor hygiene, untreated pressure injuries, missing medications
- Fear, withdrawal or flinching around a particular person
- A caregiver who will not let you see the client alone
- Missing money or belongings, or sudden changes to accounts
- In children: frequent absences, sexual knowledge beyond their age, being left alone
When you must report
Report when you observe abuse, have knowledge of an incident that reasonably appears to be abuse, are told by the client that it happened, or reasonably suspect it. Do not investigate or confront the suspected abuser. If anyone is in immediate danger, call 911 first.
| Who |
Call |
Phone report |
Written report |
| Elder or dependent adult living at home |
County Adult Protective Services (APS) or local law enforcement |
Immediately, or as soon as practicably possible |
Form SOC 341 within 2 working days |
| Child |
County child welfare (CPS), police or sheriff |
Immediately, or as soon as practicably possible |
Form BCIA 8572 within 36 hours |
Abuse that occurs in a long-term care facility is reported to the Long-Term Care Ombudsman or law enforcement on shorter deadlines. Ask your supervisor for help if this applies.
What else you need to know
- The duty is personal. Telling your supervisor does not satisfy it, and no supervisor may stop you or penalize you for reporting.
- After you report, notify the office the same day. For Regional Center clients the agency must also file a Special Incident Report with the Regional Center within 24 hours.
- You are protected from civil and criminal liability for a required report, and your identity is kept confidential.
- Failure to report is a misdemeanor punishable by up to six months in jail, a fine of up to $1,000, or both. Penalties increase if an elder or dependent adult dies or suffers great bodily injury.
- Document only facts: what you saw, what you heard, and the client's own words.
Domestic violence
Domestic violence is abuse by a spouse, partner, former partner or household member. It can be physical, sexual, emotional or financial, and it affects patients of every age and background.
- Warning signs: injuries that do not match the explanation, injuries in different stages of healing, a partner who answers for the patient or will not leave the room, missed appointments, fear, anxiety or depression.
- Talk with the patient alone and in private. Listen, do not judge, and do not confront the suspected abuser.
- If anyone is in immediate danger, leave the home if you need to and call 911.
- California law (Penal Code 11160) requires health practitioners who treat a physical injury they know or reasonably suspect was caused by assaultive or abusive conduct to report it to local law enforcement: by phone immediately, and in writing within two working days. Call your supervisor right away and the agency will help you make the report.
- If the patient is a child, an elder or a dependent adult, the abuse reporting rules above also apply.
- Offer the National Domestic Violence Hotline, 1-800-799-7233, which is open 24 hours.
- Document facts and the patient's own words.
Legal references: Welfare and Institutions Code 15630 (elder and dependent adult abuse reporting), Penal Code 11164 to 11174.3 (Child Abuse and Neglect Reporting Act) and Penal Code 11160 (injuries from assaultive or abusive conduct).