New Jersey Section 2C:24-8 – Abandonment, neglect of elderly person, disabled adult; third degree crime

New Jersey Law Makes Elder Neglect a Crime: What Caregivers Need to Know

New Jersey has a specific law, Section 2C:24-8 of the state criminal code, that makes neglect or abandonment of an elderly person or disabled adult a crime of the third degree if committed by a caregiver or other person with a legal duty to provide care. This law, which has been on the books since 1989, is an important tool to punish those who fail to properly care for vulnerable seniors and adults with disabilities. However, it is also important for well-meaning caregivers and family members to understand what constitutes neglect or abandonment under the law, so they can avoid accidentally committing a crime themselves.

What Does the Law Say?

The key parts of Section 2C:24-8 state that:

• A caregiver who “unreasonably neglects to do or fails to permit to be done any act necessary for the physical or mental health” of an elderly or disabled person under their care can be charged with a third degree crime.
• This applies to any person “having a legal duty to care for” the individual or who has “assumed continuing responsibility” for their care.
• Neglect under the law means the “willful desertion or forsaking” of the vulnerable adult.
• Providing only spiritual or prayer-based treatment is not considered neglect if it aligns with the person’s religious traditions.
• Other criminal charges may also apply depending on the nature of the neglect.

The law is intended to deter caregivers from shirking their duties and to provide recourse when vulnerable individuals are harmed by insufficient care. But what exactly constitutes a “willful” neglect of care?

Where is the Line Between Neglect and Accidents?

Elder care can be complicated. Seniors often have multiple health conditions that require diligent management. Even the most devoted family caregiver can accidentally miss a medication dose or two when juggling doctor appointments, daily care tasks, and other responsibilities.

Minor slip-ups don’t automatically mean neglect. Prosecutors would need to prove the caregiver knowingly and intentionally failed to provide adequate care. But there is a gray area when repeated “accidents” or oversight shows a pattern of neglect.

According to defense lawyer John Zarych, “The key issue is the willful desertion or forsaking of the elder.” He explains that caregivers can’t use lack of knowledge or unintentional mistakes as a blanket defense against neglect charges.

Problems often arise when caregivers are overwhelmed and undertrained for the demands of the role. Without proper support, even caring individuals can reach their breaking point. But it is their responsibility to speak up and get help before neglect occurs.

Warning Signs of Caregiver Burnout

The line between an accident and willful neglect is not always clear. But certain red flags should prompt caregivers to seek assistance:

• Feeling constantly exhausted, irritable, or depressed
• Dreading care tasks or interacting with the care recipient
• Regularly forgetting medication doses or appointments
• Not having time for personal needs or relationships
• Financial or emotional strain from caregiving
• Lack of training on medical/mobility tasks
• Care recipient’s health declining unexpectedly

Seeking help at the first signs of burnout, rather than after neglect occurs, can prevent tragic outcomes. There are many resources available, such as support groups, respite care, and home health aides. Caregivers shouldn’t be afraid to ask for help.

What Happens if Caregivers Are Charged with Neglect?

If prosecutors believe the neglect rises to the level of a crime, they may file charges against the caregiver. As a third degree crime in New Jersey, a conviction can result in:

• 3-5 years in prison
• Fines up to $15,000
• Permanent criminal record

This can devastate families. The neglected elder may lose their caregiver completely. And the caregiver faces consequences that impact their whole life.

Defense attorney Dan Matrafajlo explains that prosecutors must prove every element of elder neglect beyond a reasonable doubt. There are often legal defenses, such as:

• Lack of adequate training or resources
• Unintentional oversight rather than willful neglect
• Mental health issues like caregiver burnout
• Reasonable good-faith efforts to provide proper care

An experienced criminal defense lawyer can evaluate the evidence and build the strongest case for acquittal or leniency. This gives caregivers the best chance to avoid prison and continue providing care after getting needed support.

How Can Families Prevent Neglect?

The best approach is avoiding neglect in the first place through proper planning and support. Steps families can take include:

• Having open conversations about care needs and responsibilities
• Making a written care plan outlining medical, financial and legal matters
• Discussing when to transition to professional care if needed
• Rotating caregiver duties so no one person bears the entire burden
• Utilizing community resources like Meals on Wheels and adult day care
• Ensuring the caregiver has breaks, self-care time, and emotional support
• Adjusting the care plan as needs change
• Intervening at the first sign of caregiver burnout

Caring for an aging or disabled loved one is difficult even in the best circumstances. Families should strive to distribute responsibilities evenly, utilize available resources, and watch for signs of strain. With the right support, tragedies like neglect can be avoided.

What to Do if You Suspect Neglect

If you believe a vulnerable elder or adult is currently being neglected, it is important to act quickly:

• Document any signs of neglect through photos, notes or recordings.
• Report concerns to Adult Protective Services at 800-792-8820.
• Consult an elder law attorney about legal options.
• Petition the court for guardianship or new care arrangements if needed to stop the neglect.
• Cooperate fully with any criminal investigation while also securing legal counsel.
• Focus on getting the elder proper care, whether from a new caregiver or a facility.

With New Jersey’s elder neglect law, there are consequences for willful and unjustified failures to care for vulnerable adults. But most families just want their loved one safe and healthy again. This should remain the priority when intervening in suspected neglect cases.