Report Adult Abuse and Neglect
How To Report
Any individual may report known or suspected cases of abuse, neglect or emergency situations involving an incapacitated adult or facility resident including any adult who wishes to make a report on his/her own behalf. There are also certain groups that are required by law to report. These are referred to as mandatory reporters.
Reports of abuse or neglect involving an incapacitated adult or facility resident must be made to the Department of Health and Human Resources. Reports to DHHR may be made directly to the local Department of Health and Human Resources or to the 24 hour Hotline that is provided for this purpose (1-800-352-6513).
In certain instances, a report must also be sent to other parties, in addition to DHHR. Other parties to receive a copy of an APS report include:
- law enforcement agency and prosecuting attorney (in case of serious injury or death)
- medical examiner or coroner (in case of death)
- state or regional long-term care ombudsman (if alleged victim is resident of a nursing home or other residential facility)
- facility administrator (if alleged victim is resident of a nursing home or other residential facility)
Any person who, in good faith, makes a report of abuse, neglect or emergency situation involving an incapacitated adult or facility resident shall be immune from any civil or criminal liability that might arise as a result of making such a report. In addition, effective June 10, 2000, nursing homes and other residential facilities are prohibited from discharging or discriminating against a person who makes a report. Failure to comply with this prohibition could result in revocation or suspension of their license.
Mandatory Reporters:
West Virginia Law identifies certain groups as mandatory reporters. This means that individuals in one of these groups, who is aware of or believes that an incapacitated adult or facility resident is being abused, neglected or is in an emergency situation, must report this to the Department of Health and Human Resources immediately. The privileged status of communications between husband and wife and with any person identified as a mandatory reporter is nullified in circumstances involving abuse or neglect of an incapacitated adult. The only exclusion to this requirement is communication between an attorney and their client which continues to be considered privileged communication.
The following groups are mandatory reporters:
- medical professionals;
- dental professionals;
- mental health professionals;
- Christian science practitioners;
- religious healers;
- social workers;
- law enforcement officers;
- state and regional long-term care ombudsmen; (effective June 10, 2000) and,
- employees of any nursing home or other residential facility. (effective June 10, 2000)
Mandatory reporters must report suspected or known cases of abuse, neglect or emergency situations immediately. This initial report must then be followed by a written report, submitted to the local Department of Health and Human Resources, within forty-eight (48) hours following the verbal report. In certain situations the report must also be filed with other parties.
