Elderly Man: What is Elder Abuse 

West Virginia Resources

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.

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It is our goal to provide the most up-to-date information regarding identifying and reporting elder abuse, neglect and exploitation. If you would like to be referred to an attorney for assistance please complete this form.
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