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days to the local adult protective services agency or the local law | | enforcement agency. |
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| | | 3.__Two or more mandated reporters.__When 2 or more mandated | | reporters jointly have knowledge of or reasonably suspect that | | financial abuse of an elder or a dependent adult for which a | | report under subsection 2 is mandated has occurred, and when the | | mandated reporters are in agreement, the telephone report may be | | made by a member of the reporting team who is selected by mutual | | agreement. A single report may be made and signed by the selected | | member of the reporting team. Any member of the team who has | | knowledge that the member designated to report has failed to do | | so shall thereafter make that report. |
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| | | 4.__Elder or dependent adult resides in long-term care | | facility.__If the mandated reporter under subsection 2 knows that | | the elder or dependent adult resides in a long-term care | | facility, the report under subsection 2 must be made to the long- | | term care ombudsman or a designee pursuant to Title 22, section | | 5106, subsection 11-C or to a local law enforcement agency. |
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| | | 5.__Allegation not sufficient for reporting requirement.__An | | allegation by an elder or a dependent adult, or any other person, | | that financial abuse has occurred is not sufficient to trigger | | the reporting requirement under this section if both of the | | following conditions are met. |
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| | | A.__The mandated reporter is aware of no other corroborating | | or independent evidence of the alleged financial abuse of | | the elder or dependent adult. The mandated reporter is not | | required to investigate any accusations. |
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| | | B.__In the exercise of the mandated reporter's professional | | judgment, the mandated reporter reasonably believes that | | financial abuse of the elder or dependent adult did not | | occur. |
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| | | 6.__Failure to report.__A person who fails to report financial | | abuse under this section commits a civil violation for which a | | fine of not more than $1,000 may be adjudged or, if the failure | | to report is willful, a civil violation for which a fine of not | | more than $5,000 may be adjudged.__A financial institution that | | is the employer of the mandated reporter shall pay a fine | | adjudged under this subsection to the party bringing the action. |
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| | | 7.__Fine payable to Attorney General or District Attorney.__ | | The fine provided for in subsection 6 is recoverable only in a | | civil action brought against the financial institution.__An | | action may not be brought under this section by any person other |
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