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Understanding Adult Protection: Reporting and Prevention

Learn the basics of adult protection laws, reporting requirements, and different forms of abuse and neglect. Discover the key roles and responsibilities of mandated reporters and lead agencies in safeguarding vulnerable adults.

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Understanding Adult Protection: Reporting and Prevention

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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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