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Mandatory Reporters of Elder Abuse

Mandatory Reporters of Elder Abuse

Effective March 20, 2019, a securities Dealer, Salesperson or Investment Adviser Representative shall immediately report suspected elder abuse.

A new law went into effect March 20, 2019, regarding additional professions required to report cases of suspected elder abuse and financial exploitation. Three Commerce licensees were added to the mandatory reporters list originally enacted  September 2018.

In 2018, as part of Ohio’s biennium operating budget bill, provisions of Ohio’s Adult Protective Services laws were amended  to require certain individuals make a report to county departments of job and family services offices when they have  “reasonable cause to believe” that an adult is being abused, neglected or exploited. Subsequently, in December 2018, Senate  Bill 158 was passed adding three new Division of Securities licensees as mandatory reporters: Dealer, Salesperson, and  Investment Adviser Representative. 

Under the combination of the new laws, mandatory reporters who work in industries regulated by Commerce include:

  • For the Division of Securities: Investment Advisers as defined in Ohio Revised Code Chapter 1707.01, and Financial  Planners accredited by a national accreditation agency. Additionally, SB 158 added, Dealers, Salesperson, and Investment  Adviser Representatives, as defined In Ohio Revised Code Chapter 1707.
  • For the Division of Financial Institutions: An employee of an Ohio-chartered bank or credit union organized under the laws of Ohio.
  • For the Division of Real Estate and Professional Licensing: Real Estate Brokers or Real Estate Salespersons licensed under O.R.C. § 4735.
  • For the Division of State Fire Marshal: An individual who is a firefighter for a lawfully constituted fire department.  

The  Ohio Department of Job and Family Services (ODJFS) is required to provide training for implementing the statutory  provisions on adult protective services, make educational materials available to mandatory reporters, and facilitate interagency cooperation. Two dedicated educational booklets prepared by ODJFS are available online:

Understanding Elder Abuse: A Guide for Ohioans:

http://www.odjfs.state.oh.us/forms/num/JFS08098/pdf/

*Understanding Elder Abuse: A Guide for Financial Services Professionals:

http://www.odjfs.state.oh.us/forms/num/JFS08095/pdf/

Those who are mandatory reporters are encouraged to read this information to ensure they are fully informed of their  responsibilities under the new law.

For more information, contact the appropriate local Adult Protective Services agency listed in the guides above, or call Ohio’s  toll-free Adult Protective Services Referral Line at 855-OHIO-APS (855-644-6277).

*The current version of this book does not include reference to the changes under SB 158.