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Can you summarize 27-7-30 NMSA?
Adult Protective Services > Duty to report; penalty.
Short Summary
This section of the New Mexico Statutes Annotated 1978, specifically under the Public Assistance section for Adult Protective Services, establishes the duty to report instances of abuse, neglect, or exploitation of incapacitated adults. Any person, including financial institutions, who has reasonable cause to believe that an incapacitated adult is being abused, neglected, or exploited must immediately report the information to the department. The report can be made orally or in writing and should include relevant details such as the adult’s name, age, address, the responsible person’s name and address, the adult’s condition, and the basis of the reporter’s knowledge. Failure to report, as well as obstructing or impeding any investigation, is considered a misdemeanor offense. The department has the authority to assess a civil penalty of up to $10,000 per violation against individuals or entities that violate the reporting requirements or obstruct investigations. The department may also refer the matter to the employing agency for disciplinary action if the violation involves a person covered by the Personnel Act. Parties have the right to appeal the department’s final decision to the court as per the provisions of Section 39-3-1.1 NMSA 1978.
Whom does it apply to?
Any person, including financial institutions
What does it govern?
Reporting obligations and penalties related to the abuse, neglect, and exploitation of incapacitated adults
What are exemptions?
No exemptions are mentioned.
What are the Penalties?
Misdemeanor charge for failing to report or obstructing an investigation; civil penalty of up to $10,000 per violation
Jurisdiction
New Mexico