Adult Protective Services

Protecting Adults from Abuse, Neglect, or Exploitation...

New Hampshire Division of Elderly and Adult Services
6 Hazen Drive, Concord New Hampshire 03301

What You Can Do:

Physical abuse. Emotional abuse. Sexual abuse. Neglect. Exploitation. Self-Neglect.

These are not pleasant words, but they are realities for many elderly and disabled New Hampshire citizens.

Researchers have estimated that 4 percent of the nation's elderly and disabled population may be affected. The victims come from small towns and large cities. The problem crosses social, economic, racial, and geographic boundaries. As more people become aware of the problem, the number of reports of suspected abuse increases.

Thanks to legislation in New Hampshire, something can be done to protect these vulnerable adults. A law, RSA 161-F:42-57; "Protective Services to Adults", authorizes protective services for incapacitated adults through the New Hampshire Division of Elderly and Adult Services.

Recognizing The Problem:

Many elderly and disabled adults have physical, emotional and mental impairments that severely limit their ability to manage their personal, home or financial affairs for themselves. Many continue to live alone. Others live with their families, or in nursing homes or other care giving living arrangements.

Many situations involve neglect where there is the deprivation of essential services that are necessary to maintain physical and emotional health and safety. In many cases, the victim's family or caregiver is responsible; in others, the individual is a victim of self-neglect and no longer able to fully meet his or her needs.

Abuse may be physical, as in the instance of beatings, or another type of violence, such as sexual abuse. It may be emotional abuse and consist of unreasonable confinement, intimidation or verbal harassment that causes mental anguish or emotional distress. The abuser often suffers from alcohol or financial dependency, or uses violence to respond to the emotional strain of caring for a dependent adult. Many times the abuser is unprepared to be a caregiver.

Other cases involve exploitation where someone improperly uses a dependent adult or an adult's resources for personal gain. This often involves the use of undue influence, duress, deception or fraud.

The Law:

The adult protective services law makes reporting mandatory. It says that any person having reason to believe that any incapacitated adult has been subjected to abuse, neglect or exploitation shall make a report to the Division of Elderly and Adult Services.

Further, immunity from liability is provided to any person participating in good faith in the making of a report of an alleged incident. Immunity is also provided to those participating in an investigation. This immunity included both civil and criminal liability.

In an effort to promote reporting, the law states that "any person who knowingly violates this law and fails to make a report as required shall be guilty of a misdemeanor."

In situations involving serious bodily injury, or other cases of abuse, neglect or exploitation deemed appropriate, referral is made by the Division to the Office of the Attorney General for review and possible criminal prosecution.

Making A Report:

The report is the first critical step in providing protection. A report may be made by telephone, in writing or in person.

For individuals who live in nursing homes, residential care facilities, or sheltered care facilities, contact:

The Long Term Care Ombudsman
New Hampshire Division of Elderly
and Adult Services
6 Hazen Drive
Concord, New Hampshire 03301
603-271-4375
603-271-5574 (fax)

For individuals who live independently in their own homes, with relatives or friends, in boarding homes, or who live or participate in homes/programs administered by or affiliated with the Division of Mental Health and Developmental Services, or who are temporarily in other community settings, contact:

Administrator
Office of Community Services
New Hampshire Division of Elderly and Adult Services
6 Hazen Drive
Concord, New Hampshire 03301
1-800-852-3345 Ext.4386
Help Line TTY/DDD Relay
225-4033 or 1-800-992-3312

Other numbers for quick reference are: