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June 20, 2011

Adult Protection 101 Deb Siebenaler and Jennifer Kirchen, LSW MN Department of Human Services Aging & Adult Services. June 20, 2011. Introduction. In 1980, the MN legislature passed MS 626.557, which declared the public policy of the State of MN was to protect vulnerable adults.

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June 20, 2011

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  1. Adult Protection 101Deb Siebenaler andJennifer Kirchen, LSWMN Department of Human ServicesAging & Adult Services June 20, 2011

  2. Introduction • In 1980, the MN legislature passed MS 626.557, which declared the public policy of the State of MN was to protect vulnerable adults. • Legislation was implemented at the Department of Human Services (DHS) in 1981 with the creation of the Adult Protective Services (APS) Unit.

  3. Protection • Provide safe services and living environments for vulnerable adults who have been maltreated • Require reporting, investigation and protective services

  4. Categorical Vulnerable Adult • A person, 18 years of age or older, who is a: • Resident or inpatient of a facility, regulated by MDH or DHS, or • Receives services from a facility, regulated by MDH or DHS, or • Recipient of home care services from MDH facility or PCA services.

  5. Functional Vulnerable Adult • A person 18 years of age or older who, regardless of residence or service has an: • impairment or disability, and because of this impairment has: • an impaired ability to meet basic needs, and • an impaired ability to protect self from maltreatment.

  6. REPORTERS • MANDATED REPORTERS are required by law to report! • Social services • Law enforcement • educators • licensed health & human service professionals • Personal Care Attendants • Employees of licensed facilities • Medical examiner or coroner • VOLUNTARY • ALL OTHERES!

  7. Required To Report • The reporter has reason to believe: • A vulnerable adult is being maltreated, or • A vulnerable adult has been maltreated, or • A vulnerable adult has a serious injury and there is no reasonable explanation for the injury. • A mandated reporter must make the report immediately which is: • as soon as possible, and • no later then 24 hours from initial knowledge or belief.

  8. Common Entry Point • In 1995, the MN legislature passed MS 626.557 Subd. 9 (statewide common entry designation) The common entry point (CEP) is the designated entity within the county responsible for taking maltreatment reports. • Information gathered is submitted by counties to DHS for the purposes of data collection according to Subd. 12 (data management) • In 2008, Adult Protection in conjunction with the Social Services Information System (SSIS) implemented a new data collection system within SSIS.

  9. Where do I report? • Each County Board designates a CEP • The CEP is responsible for receiving maltreatment reports 24/7 • CEP may be: -Social Services Generally Monday through Friday 8:00 to 5:00 -Law Enforcement Center/Private Agencies Generally Evenings, holidays, weekends

  10. COMMON ENTRY POINT RESPONSIBILITIES • Determine immediate risk • Capture reports of alleged or suspected maltreatment • Make necessary referrals • Criminal issues-refer to law enforcement • Emergency Protective Services • Appropriate Lead Investigative Agency • Ombudsman (suspicious death)

  11. What is abuse? • Criminal conduct - first through fifth degree assault - use of drugs to injure or facilitate a crime - solicitation, inducement or promotion of prostitution - criminal sexual conduct (sexual contact or penetration by caregiver) • Caregiver conduct which is neither therapeutic or an accident - hitting, slapping, kicking, punching, biting or corporal punishment -malicious oral, written or gestures -aversive or deprivation procedures (seclusion) and involuntary servitude

  12. What is neglect? • Failure to provide for basic needs; food, clothing, shelter, health care or supervision • Absence of care or services essential to maintain health and safety • Neglect may be by caregiver or self-neglect.

  13. What is financial exploitation? • When a legal relationship exists: • Failure to spend for the benefit of the VA, or • Unauthorized spending of VA assets, which does or could causes the VA to suffer harm or detriment • Without legal relationship: • Willful use, withholding or disposal of VA funds; or • Obtaining control of VA funds through the use of undue influence, harassment, duress, deception, fraud or coercion • Forces, compels, coerces or entices VA against their will to perform services for profit or advantage of another

  14. Lead Agency Investigations • County Social Services • Department of Health • Department of Human Services

  15. MN Department of Health Office of Health Facility Complaints (OHFC) • Investigates in all health regulated facilities (nursing homes, hospitals, health licensed homes such as B&C, supervised living, DD homes, and home health agencies) • Has jurisdiction for patient Bill of Rights Violations • Has many federal investigating responsibilities as well

  16. Department of Humans ServicesLicensing Division • Investigates in all DHS regulated facilities: (DT&H, CD/MI programs, Adult Day Services, Adult Foster Care) • Background Studies Unit (Perpetrator list)

  17. County Adult Protection is responsible for: Emergency Protective Services Maltreatment investigations within the community Extensive involvement with Law Enforcement County Social Service Agencies

  18. Online Mandated Reporter Training Tool • The Vulnerable Adults Mandated Reporting course is designed to introduce you to: • The Vulnerable Adults Act • Definition of maltreatment • Who are the mandated reporters • The Common Entry Point (CEP) • Found on the DHS website, Adult Protection page • http://www.dhs.state.mn.us/DSDTraining/WebManRpt/default.htm

  19. Questions?

  20. Contact Information Dhs.Adultprotection@state.mn.us 651-431-2609

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