California Elder Abuse Mandated Reporter - Failure To Report - Seeking Advice
California. If a Mandated Reporter fails to report Elder Abuse, how can they be held accountable?
We have irrefutable evidence of elder abuse against a family member. The evidence is photos, audio recordings, medical records (urgent care and ER visits to treat severe head injuries), a statement from the victim to police, and police report from the police escort to remove the victim from the perpetrator's isolation. The perpetrator is at large but there's a Temporary Restraining Order granted by the judge, pending a hearing next month to grant a permanent RO. The facts of the abuse are not in question. We had to rescue this family member (77 year old male) from his own home under police escort to get him away from the abuser, who had been monitoring/controlling his cell phone (calls, texts, emails) and abusing him and getting him to transfer money to her bank account. This isolation/abuse had been going on for two weeks before the family found out and staged the intervention with help from law enforcement. The police could not arrest the woman at the scene because the victim was unwilling to give a statement at that time, as he was psychologically still under her control to some degree (we think) even as he emerged from the house with massive swelling to the head and ear from repeated blows. Fortunately later in the day after visit to Urgent Care he gave a statement to the doctor and the police detailing the abuse, but it turned out that the perpetrator had already fled the residence later the night of the rescue - we are currently unsure of her whereabouts but pretty sure she's in the neighboring county.
The story gets even more unpleasant, because the perpetrator is the adult daughter of the victim's significant other (domestic partner/girlfriend, etc - not spouse.) The daughter has various mental illnesses that have gone untreated for years due to her mother's failure to act; her mother who is, because of course, a LMFT. (Licensed Marriage and Family Therapist.)
In California, LMFTs are Mandated Reporters. This woman not only knew that abuse was going on for months/years prior to the most recent isolation and physical and financial abuse, but she witnessed it firsthand many times. There is an email record of her to the victim apologizing for her daughter's actions and expressing her feelings of helplessness. She fled the house a couple months prior to the recent events described above, due to her own fear for her safety, leaving the 77 year old alone to become isolated and severely abused by the perpetrator. Not sure if it matters legally but the LMFT/girlfriend has benefited financially from her relationship with the victim for over 15 years (provided with spending money, room and board, and money given to her daughter, the perpetrator).
Her failure in her duty as a Mandated Reporter to report the abuse, (to say nothing of her moral obligation to help her daughter get the mental health care she clearly required) is unbelievable to everyone in our family. How can one of us report the LMFT for failure to do her legal duty as a Mandated Reporter? Can she lose her license to practice in California? She has no business treating any clients whatsoever, in my opinion. Will there be criminal or civil charges against her?
The perpetrator will most certainly be arrested and charged with Elder Abuse, Assault, and likely other charges, either before or after the Restraining Order hearing. But how to hold the LMFT mother of the abuser accountable, who allowed/enabled the abuse to happen, over and over again?
Thank you for taking the time to read this and any advice you can offer.
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