Private Enforcement of Criminal Mandatory Reporting Laws

ABSTRACT

Forty-two states and the District of Columbia currently have statutes requiring specified professionals who have reason to believe or suspect that elder abuse or neglect is occurring to report the mistreatment to a designated public authority. Failure to report abuse is typically a criminal offense. Despite numerous studies indicating professionals' failure to report, criminal enforcement of these laws has been ineffectual at best, or nonexistent at worst. This article proposes the use of civil remedies-private damage actions or sanctions against licensure–for the problem of nonreporting.