Various laws in North Carolina protect older and disabled adults from abuse, neglect, exploitation and fraud. The laws protect them whether they are living in their own home, with relatives, in adult care homes, nursing homes, or are homeless. Some of the laws that provide protection are:

Social Security Act

In 1975, Title XX of the Social Security Act provides a base for Adult Protective Services at the federal level. The purpose is to address "preventing or remedying abuse, neglect and exploitation of adults unable to protect their own interests." It describes Adult Protective Services as "services to protect individuals 18 years and over who are harmed or threatened with harm through action or inaction by another or through their own actions due to ignorance, incompetence, or poor health." In 1981, Title XX of the Social Security Act was amended with the passage of the Omnibus Budget Reconciliation Act. This created the Social Services Block Grant and provides funds to states for social services including Adult Protective Services.

Protection of the Abused, Neglected or Exploited Disabled Adult Act

The act requires anyone who knows of a situation in which an abused, neglected, and exploited adult is in need of protective services, to report the case to the county Department of Social Services. The report may be made orally or in writing. The report shall include the name and address of the disabled adult; the name and address of the disabled adult’s caretaker; the age of the disabled adult; the nature and extent of the disabled adult’s injury or condition resulting from abuse or neglect; and other pertinent information.

The 1987 Nursing Home Reform Act

The act requires each nursing facility to "care for its residents in such a manner and in such an environment as will promote maintenance or enhancement of the quality of life of each resident." The act places a strong emphasis on dignity, choice, and self-determination for nursing home residents, including residents’ rights to be free of abuse and neglect.

Title VII—Vulnerable Elder Rights Protection Activities

This Title was created by the 1992 Amendments to the Older Americans Act. It addresses the need for strong advocacy to protect and enhance the basic rights and benefits of vulnerable older adults. Through Title VII, Congress refocused the Older Americans Act’s original advocacy mission and empowered State Units on Aging to "provide strong leadership to assure that the rights of older individuals are protected." Title VII also brings together and strengthens four existing advocacy programs: the long-term Care Ombudsman Program; Programs for the Prevention of Abuse, Neglect and Exploitation; State Elder Rights and Legal Assistance Development Programs; and Insurance/Benefits Outreach, Counseling and Assistance Programs.

Criminal Abuse, Neglect, or Exploitation of Elderly or Disabled Adults under General Statute 14-32.3

In 1995, the North Carolina General Assembly enacted G.S. 14-32.3. Effective December 1, 1995, the law imposes criminal penalties against "caretakers" who abuse, neglect, or exploit older or disabled adults who reside in domestic settings.

Prosecuting Criminal Abuse under General Statute 14-32.3

The caretaker of a disabled or older adult who resides in a domestic setting is guilty of abuse under G.S. 14-32.3 if he or she knowingly, willfully, and with malice of forethought abuses the disabled or elder adult by (a) assaulting the disabled or elder adult, or (b) failing to provide medical or hygienic care for the disabled or elder adult, or (c) confining or restraining the disabled or elder adult in a place or under a condition that is cruel or unsafe: and as a result of such abuse causes the disabled or elder adult to suffer mental or physical injury.

Prosecuting Criminal Neglect under General Statute 14-32.3

The caretaker of a disabled or older adult who is residing in a domestic setting is guilty of neglect under G.S. 14-32.3 (b) if he or she wantonly, recklessly, or with gross carelessness neglects the disabled or elder adult by (a) failing to provide medical or hygienic care for the disabled or elder adult or (b) confining or restraining the disabled or elder adult in a place or under a condition that is cruel or unsafe and, as a result of such neglect causes the disabled or elder adult to suffer mental or physical injury.

Prosecuting Criminal Exploitation under General Statute 14-32.3

The caretaker of a disabled or elder adult who resides in a domestic setting is guilty of exploitation under G.S. 14-32.3 (c) if he or she knowingly and willfully exploits a disabled or elder adult by (a) making a false representation, (b) abusing a position of trust or fiduciary duty, or (c) coercing, commanding, or threatening the disabled or elder adult with the intent to permanently deprive the owner of property or money, and as a result of the exploitation causes the disabled or elder adult to lose possession or control of property or money.

Prosecuting Criminal Abuse and Neglect of Elderly in Health Care Facilities under General Statute 14-32.2

G.S. 14-32.2 imposes criminal penalties with respect to the abuse or neglect of older or disabled patients in nursing homes, adult care homes, or other health care facilities. Under G.S. 14-32.2 it is a felony for any person, intentionally or as the result of a culpably negligent act or omission to cause serious bodily injury or death through the physical abuse of patients in a health care facility or a resident of an adult care home.

|