Reporting of Elder Abuse and Neglect: Mandatory or Voluntary? (From Family Violence: Perspectives on Treatment, Research, and Policy, P 135-150, 1990, Ronald Roesch et al, eds. -- See NCJ-126022)

• NCJ Number: 126031
• Author(s): R M Gordon; S Tomita
• Date Published: 1990
• Length: 16 pages
• Sale Source: British Columbia Institute on Family Violence
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: Canada

Annotation

This analysis of arguments for and against mandatory reporting laws for abuse of the elderly concludes that voluntary reporting is as effective as mandatory reporting in ensuring that protection and assistance are provided for victims.

Abstract

Civil libertarians oppose mandatory reporting on the grounds that no consensus exists regarding the definition of abuse and neglect and that such laws would increase surveillance and loss of privacy. Some health and social service professionals also oppose such laws, arguing that they complicate existing ethical dilemmas, override the practitioners' ethic of confidentiality, consume resources investigating vindictive and frivolous reports, and overlook existing professional codes of ethics. Proponents argue that reporting would promote early intervention, increase awareness of abuse and neglect, deter potential abusers, provide safeguards regarding confidentiality and the liability of those making reports, and has been effective in child abuse. Voluntary reporting represents a compromise between these positions and has been adopted by two of the four Canadian provinces enacting adult protection legislation. Footnotes and 26 references.