Nationwide Reporting Chart
For Suspected Exploitation Of Seniors And/Or Vulnerable Persons
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Ark. Code Ann. § 12-12-1703(6).
Ark. Code Ann. § 12-12-1703(10)(A).
Ark. Code Ann. § 23-42-309(a)(1), (a)(4), (a)(5), (b)(1)-(3), (c)(1), (c)(2), (c)(4).
Ark. Code Ann. § 12-12-1713(a).
Ark. Code Ann. § 4-88-208
Ark. Code Ann. § 4-88-209
(Mandated? Permissive?)
An employee of a bank or other financial institution. (Mandated)
Broker-dealer or investment advisor. (Permissive – “should report”)
(Y/N)
Yes, a broker-dealer or investment adviser may delay. Ark. Code Ann. § 23-42-309(c)(1).
Except as provided under subdivision (c)(2)(B) of this section, a delay of a disbursement under this section shall expire upon the earliest of: (i) A determination by the broker-dealer or investment adviser that the disbursement will not result in financial exploitation; or (ii) Fifteen (15) business days after the date on which the broker-dealer or investment adviser first delayed disbursement of the funds. (B) If either of the agencies requests that the broker-dealer or investment adviser extend the delay of disbursement, the delay shall expire: (i) No more than twenty-five (25) business days after the date on which the broker-dealer or investment adviser first delayed disbursement of the funds; (ii) Upon the termination by the agencies of the hold on the disbursement; or (iii) As directed by an order of a court of competent jurisdiction. Ark. Code Ann. § 23-42-309(c)(2).
If necessary to provide intervention and assistance to consumers, including elder persons or persons with a disability, the Attorney General may petition a court of competent jurisdiction requesting an order delaying or extending a delay of disbursement of funds. (b) The delay shall expire: (1) As directed by an order of the court; (2) When the Attorney General reasonably determines that the financial transaction will not result in financial exploitation; or (3) No more than ten (10) business days after the date on which the petition was filed with the court. (c) (1) A financial services provider shall, upon request by the Attorney General, provide access to or copies of records that are relevant to suspected financial exploitation or attempted financial exploitation to the Attorney General. (2) The records should include historical records as well as records relating to the most recent transactions or transactions that may compromise financial exploitation. Ark. Code Ann. § 4-88-209(a)-(d)
If a financial services provider has reasonable cause to suspect that financial exploitation may have occurred, may have been attempted, or is being attempted, the financial services provider may refuse or delay the execution of a financial transaction of an elder person or a person with a disability, on an account: (A) Of which the elder person or person with a disability is the owner or co-owner; (B) Of which the elder person or person with a disability is a beneficiary, including a trust, guardianship, or conservatorship account; or (C) Of a person suspected of perpetrating the financial exploitation. (2) A financial services provider may also refuse or delay the execution of a financial transaction under this section if the Attorney General, a state agency, or a law enforcement agency provides information to the financial services provider demonstrating that it is reasonable to believe that financial exploitation may have occurred, may have been attempted, or is being attempted. (b) Except as ordered by a court, a financial services provider is not required to refuse or delay the execution of a financial transaction under this section and may use its discretion to determine whether to refuse or delay the execution of a financial transaction based on the information available to the financial services provider. (c) A financial services provider that refuses to execute a financial transaction or places a hold on a financial transaction based on reasonable cause to suspect that financial exploitation may have occurred, may have been attempted, or is being attempted may: (1) Except with regard to an account administered by a bank or trust company in a fiduciary capacity, make a reasonable effort to notify one (1) or more parties authorized to transact business on the account orally or in writing; (2) If the incident involves financial exploitation, report the incident to the Department of Human Services under § 4-88-206 (b); and (3) If the incident is reported to the department under § 4-88-206(b), make reasonable effort to notify a third party reasonably associated with the elder person or person with a disability of the suspected financial exploitation, regardless of whether or not the third party is authorized to transact business on the account orally or in writing. (d) Notwithstanding subsection (c) of this section, a financial services provider may elect not to provide notice to any party authorized to conduct business on the account or reasonably associated with the elder person or person with a disability if the party is the suspected perpetrator of financial exploitation. (e) A refusal by a financial services provider to execute a financial transaction or place a hold on a financial transaction as authorized by this section, based on the financial services provider’s reasonable cause to suspect that financial exploitation may have occurred, may have been attempted, or is being attempted, expires when the financial services provider reasonably believes that the financial transaction will not result in financial exploitation unless terminated earlier by an order of a court of competent jurisdiction. Ark. Code. Ann. § 4-88-208(a)-(e)
A physician; a surgeon; a coroner; a dentist; a dental hygienist; an osteopath; a resident intern; a nurse; a member of a hospital’s personnel who is engaged in the administration, examination, care, or treatment of persons; a social worker; a case manager; a home health worker; a mental health professional; a peace officer; a law enforcement officer; a facility administrator or owner; an employee in a facility; an employee of the Department of Human Services; an employee working under contract for, or a contractor of, The Department of Human Services when acting within the scope of his or her contract or employment; a firefighter; an emergency medical technician; an employee of a bank or other financial institution; an employee of the United States Postal Service; an employee or a volunteer of a program or an organization funded partially or wholly by the department who enters the home of or has contact with an elderly person; a person associated with the care and treatment of animals, such as animal control officers and humane society officials; an employee who enforces code requirements for a city, township, or municipality; or any clergy member, including without limitation, a minister, a priest, a rabbi, an accredited Christian Science practitioner, or any other similar functionary of a religious organization, or an individual reasonably believed to be a minister, a priest, a rabbi, an accredited Christian Science practitioner, or any other similar functionary of a religious organization by the person consulting him or her, except to the extent he or she has acquired knowledge of suspected maltreatment through communications required to be kept confidential pursuant to the religious discipline of the relevant denomination or faith; or received the knowledge of the suspected maltreatment from the offender in the context of a statement of admission. Ark. Code Ann. § 1c2-12-1708(a)(1).
If a qualified individual reasonably believes that financial exploitation of a vulnerable adult may have occurred, may have been attempted, or is being attempted, the qualified individual should promptly disclose this information to the agencies (the Adult Protective Services Unit of the Department of Human Resources and the Securities Commissioners) and may disclose this information to a third party previously designated by the vulnerable adult or reasonably associated with the vulnerable adult, as long as the third party is not suspected of committing financial or other abuse or exploitation of the vulnerable adult. Ark. Code Ann. § 23-42-309(a)(1), (b)(1)-(3).
Qualified Individual: An agent, an investment adviser representative, or an individual associated with a broker-dealer or investment adviser who serves in a supervisory, compliance, or legal capacity as part of the job duties of the individual. Ark. Code Ann. § 23-42-309(a)(4).
Endangered Person: (A) A person eighteen (18) years of age or older who: (i) Is found to be in a situation or condition that poses a danger to himself or herself; and (ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition; or (B) A long-term care facility resident or an Arkansas State Hospital resident who: (i) Is found to be in a situation or condition that poses an imminent risk of death or serious bodily harm to the long-term care facility resident; and (ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition. Ark. Code Ann. § 12-12-1703(6).
Impaired Person: (A) A person eighteen (18) years of age or older who as a result of mental or physical impairment is unable to protect himself or herself from abuse, sexual abuse, neglect, or exploitation or (B) who is a long-term care facility resident and who as a result of mental or physical impairment is unable to protect himself or herself from abuse, sexual abuse, neglect, or exploitation. Ark. Code Ann. § 12-12-1703(10)(A).
Vulnerable Adult: A person who is (A) sixty-five (65) years of age or older; (B) subject to supervision by the Arkansas Adult Protective Services Unit of the Department of Human Services; or (C) otherwise considered susceptible to financial exploitation. Ark. Code Ann. § 23-42-309(a)(5).
Yes.
Any person, official, or institution acting in good faith in the making of a report, the taking of a photograph, or the removal of a maltreated person under this subchapter shall have immunity from liability and suit for damages, civil or criminal. Ark. Code Ann. § 12-12-1713(a).
An individual who in good faith and exercising reasonable care makes a disclosure under subdivision (b)(1) of this section, shall be immune from administrative or civil liability that might otherwise arise from the disclosure or for any failure to notify the eligible adult of the disclosure. Ark. Code Ann. § 23-42-309(b)(2).
If a broker-dealer or investment adviser delays a disbursement under subdivision (c)(1) of this section in good faith and exercising reasonable care and complies with this subsection, the broker-dealer or investment adviser is immune from any administrative or civil liability that might otherwise arise from the delay in a disbursement. Ark. Code Ann. § 23-42-309(c)(4).
A financial services provider is immune from any civil or criminal liability that might otherwise result from complying with this section. Ark. Code Ann. § 4-88-209(e).
A financial services provider or an officer, director, employee, agent, or other representative of a financial services provider, acting in a reasonable manner, is immune from all criminal, civil, and administrative liability for the following:
(1) Refusing or not refusing to execute a financial transaction or holding or not holding a financial transaction under this section; and
(2) An action taken in furtherance of the determination made under subdivision (f)(1) of this section if the determination was based upon a reasonable belief. Ark. Code Ann. § 4-88-208 (f)
** Senior Safe Act
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