The short answer: Adult day care abuse happens when a program meant to care for an older or dependent adult harms them instead, through physical abuse, emotional abuse, sexual abuse, neglect, or financial exploitation. In South Carolina, adult day care staff and many professionals are legally required to report suspected abuse. Families can report concerns to Adult Protective Services, the Long Term Care Ombudsman, or the South Carolina Law Enforcement Division (SLED), and should call 911 in an emergency. You generally have three years from the date of injury to bring a civil claim, so it helps to talk with a lawyer quickly.
Trusting an adult day program with someone you love is a big step. You expect them to come home safe, cared for, and treated with dignity. So when you spot a bruise no one can explain, a sudden change in mood, or money missing from an account, it’s frightening, and it’s easy to second-guess yourself. You’re not overreacting, and you’re not alone. For 30 years, Dan Pruitt Injury Law Firm has helped Greenville families receive answers when a caregiver caused harm. Your consultation is free.
In this article, we discuss:
– What adult day care is and the common types
– The five main types of adult day care abuse
– Warning signs to watch for at pickup and at home
– Who must report abuse under South Carolina law
– Where to report and who can be held responsible
What Is Adult Day Care?
Adult day care is a program that looks after older or dependent adults during daytime hours, giving family caregivers a chance to work or rest. There are three common models. Social programs focus on activities, meals, and supervision. Adult day health programs (sometimes called the medical model) provide nursing care, therapy, and medication assistance. A third type focuses on specific conditions, such as dementia or Alzheimer’s, with staff trained for those needs. Whatever the model, the program takes on a duty to keep each participant safe.
What Does Adult Day Care Abuse Look Like?
Adult day care abuse takes five main forms. Physical abuse involves hitting, rough handling, over-medicating, or improper restraint. Emotional or psychological abuse includes yelling, threats, humiliation, or cutting someone off from others. Sexual abuse is any unwanted sexual contact. Adult daycare neglect is the failure to provide the food, water, hygiene, supervision, or medical attention a person needs. Financial exploitation is the misuse of a participant’s money or property. South Carolina treats the improper, unlawful, or unauthorized use of the funds, assets, property, power of attorney, guardianship, or conservatorship of a vulnerable adult as exploitation.
What Warning Signs Should Families Watch For?
You know your loved one better than anyone, so trust your instincts when something feels off.
Signs you may notice at pickup
Watch for unexplained bruises, cuts, or burns; torn or dirty clothing; poor hygiene; a worker who won’t leave you alone with your loved one; or a participant who seems fearful, withdrawn, or unusually quiet around certain staff.
Signs you may notice at home
Later, you might see weight loss, dehydration, bedsores, missed medications, a new fear of being touched, nightmares, or sudden mood swings. Financial red flags include missing cash, unfamiliar charges, new “authorized users” on accounts, or surprise changes to a will or power of attorney.
If any of these sound familiar, call (864) 721-6885 for a free consultation. Dan Pruitt Injury Law Firm is available 24/7.
Who Must Report Adult Day Care Abuse in South Carolina?
Many individuals are legally required to report suspected abuse of a vulnerable adult. This duty comes from South Carolina’s Omnibus Adult Protection Act (Title 43, Chapter 35). Mandatory reporters include doctors, nurses, dentists, optometrists, medical examiners, coroners, other medical, mental health, or allied health professionals, counselors, social workers, caregivers, and the staff or volunteers of an adult day care center or facility who have reason to believe a vulnerable adult has been or is likely to be abused, neglected, or exploited. The law also counts day care personnel as caregivers. A required reporter must make the report within 24 hours or the next working day. Even if you’re not a mandatory reporter, you can and should speak up as a family member.
Where Do You Report Elder Abuse in an Adult Day Program?
Report it right away. South Carolina routes reports three ways: to SLED’s Vulnerable Adults Investigations Unit for incidents in facilities operated or contracted by the Office of Mental Health or the Office of Intellectual and Developmental Disabilities, to the Long Term Care Ombudsman Program for incidents in other facilities, and to the Adult Protective Services Program for incidents in all other settings. For most community adult day programs, Adult Protective Services (through the Department of Social Services) is the place to start. In an emergency, serious injury, or suspected sexual assault, contact law enforcement immediately.
Reporting elder abuse in South Carolina protects your loved one and creates a record. It does not, on its own, recover compensation for the harm done. That’s where a civil claim comes in.
Are Adult Day Cares Licensed, and Who Can Be Held Responsible?
Adult day care programs must be licensed by the state before they open their doors. In South Carolina, no person or organization may operate or market itself as a day care facility for adults without first obtaining a license from the state. This licensing function, long part of DHEC, moved to the new South Carolina Department of Public Health after South Carolina split DHEC in 2024, transferring all health-related activities to the new department. A program that ignores those safety standards can be held accountable.
Depending on the facts, responsibility may fall on the facility or its owner, an individual worker who caused harm, a staffing company, or a corporate operator that understaffed the program or failed to train, supervise, or screen its employees. As an experienced South Carolina adult day care abuse lawyer, Dan Pruitt investigates to identify everyone who may share fault. Call (864) 721-6885 to talk it through for free.
How Dan Pruitt Injury Law Firm Can Help
When Dan Pruitt takes your case, he works on it personally. You won’t be handed off to a junior associate. We’re not defense lawyers, and we never work for insurance companies. We represent only injured individuals and grieving families. We handle the investigation, the paperwork, and the push for fair compensation so you can focus on your loved one. There’s no money up front, and we’re paid only if and when you recover.
We serve Greenville, Spartanburg, Anderson, Pickens, Greenwood, Laurens, and clients throughout South Carolina. Call (864) 721-6885 now for a free consultation, available 24/7.
Frequently Asked Questions About Adult Day Care Abuse
How long do I have to file a claim in South Carolina?
South Carolina generally gives you three years from the date of injury to file a personal injury claim, and three years from the date of death to file a wrongful death claim. Some situations can shorten or change that deadline, so it’s smart to call quickly before evidence disappears and memories fade.
What if I’m not sure it’s really abuse?
You don’t have to be certain. Trust your gut, write down what you saw, take photos of any injuries, and report your concern. A free consultation costs you nothing, and we can help you sort out what happened.
How much does an adult day care abuse lawyer cost?
Nothing upfront. We work on a contingency fee basis, which means no compensation unless and until you recover. Your consultation is always free.
Can I move my loved one right away?
Yes. Their safety comes first. If they’re in danger, remove them and call 911, then report the abuse and hold on to any records. When you’re ready, call (864) 721-6885, and we’ll take it from there.