Elder Abuse Reporting in New Mexico: How APS Works

How to File a Report

Adult Protective Services (APS) in New Mexico operates under the Aging and Long-Term Services Department (ALTSD). Reports of suspected abuse, neglect, or exploitation of adults age 18 and older can be made 24 hours a day, 7 days a week.

APS Hotline: 1-866-654-3219

Anyone can report — you do not need to be certain that abuse is occurring. APS investigates based on reasonable suspicion. Reports can be made anonymously, though providing your contact information helps investigators follow up with questions.

When you call, be prepared to provide:

• The vulnerable adult's name, age, and address
• The nature of the suspected abuse or neglect
• The name and relationship of the suspected perpetrator (if known)
• Any immediate safety concerns
• Your contact information (optional but helpful)

What APS Investigates

New Mexico APS handles four categories of cases:

Physical abuse. Non-accidental physical harm — hitting, pushing, restraining, burning, or any use of force that causes injury or pain.

Emotional/psychological abuse. Intimidation, threats, isolation, or verbal attacks that cause emotional distress.

Financial exploitation. Unauthorized use of an adult's money, property, or assets. This includes forging signatures, stealing Social Security checks, coercing changes to wills or POAs, and scam-related losses.

Neglect and self-neglect. Failure to provide necessary care (by a caregiver) or failure to care for oneself. Self-neglect is the most common category — it accounts for 61% of substantiated APS cases in New Mexico. Self-neglect cases often involve seniors living alone with untreated medical conditions, hoarding, or unsafe living environments who resist outside help.

Mandatory Reporters

New Mexico's Adult Protective Services Act imposes a duty to report on any person, or financial institution, with reasonable cause to believe that an incapacitated adult is being abused, neglected, or exploited. This includes:

• Healthcare providers (doctors, nurses, home health aides, nursing home staff)
• Law enforcement officers
• Social workers and case managers
• Clergy members
• Financial institution employees who suspect exploitation

Failing or refusing to report can carry criminal and civil penalties. The obligation is to report — not to investigate. The reporter's job is to notify APS; the investigation is APS's responsibility.

What Happens After a Report

APS screens the report and assigns a priority level:

Emergency response (face-to-face contact no later than 3 hours after assignment) — when the adult is in immediate danger of serious harm or death.

Priority One (face-to-face contact within 24 hours) or Priority Two (initial face-to-face contact within 5 calendar days) — when the situation is serious but not immediately life-threatening.

An APS investigator visits the adult, interviews relevant parties, assesses the living environment, and determines whether the allegations are substantiated. If they are, APS develops a safety plan that may include:

• Connecting the adult with home care services
• Referring to law enforcement for criminal prosecution
• Arranging emergency housing or placement
• Obtaining a protective order
• Referring to the Long-Term Care Ombudsman (for facility-based abuse)

APS generally cannot force a capable adult to accept services. Emergency protective placement or other court or law-enforcement action may apply in specific circumstances. If the adult has capacity and refuses services, APS documents the refusal and may close the case — a common and frustrating outcome in self-neglect situations.

When the Abuser Is a Caregiver

If the suspected abuser is a paid caregiver — whether employed by a home care agency or hired directly through SDCB — also notify the MCO or employing agency so it can follow its incident and staffing procedures. The report may lead to a reassignment or other protective action.

For self-directed (SDCB) arrangements where a family member is the paid caregiver, APS investigates with awareness that the employer-employee relationship is within the family. These cases are sensitive but not treated differently under the law — the vulnerable adult's safety takes priority.

If your parent is receiving home care services and you suspect something is wrong, do not wait to gather proof. Call APS first and let investigators determine whether the concern is substantiated.

Connecting Abuse Prevention to Home Care Planning

Families who plan proactively — setting up legal authority through Powers of Attorney, establishing a care coordination structure, and building oversight into the care plan — significantly reduce the risk of exploitation and neglect. Our New Mexico home care guide includes a section on financial safeguards and legal documents that protect seniors during the vulnerable transition to home-based care.

See more New Mexico guides →