June 17, 2013

1. Why Do Adults Need Protection?Mary McGurran, LSW and Jennifer Kirchen, LSWMN Department of Human ServicesAging & Adult Services June 17, 2013

2. Why Do Adults Need Protection? • 87 frail elderly woman with dementia who lives in a nursing home • 55 year old developmentally delayed man who receives services from a day training and habilitation (DT&H) program • 18 year old physically disabled woman who receives PCA services • You?

3. How Are They Protected? • MS 626.557 Vulnerable Adults Act • Safe services and living environments for vulnerable adults who have been maltreated • Require reporting • Investigation • 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. What is Maltreatment? • Abuse • Physical, verbal, emotional or sexual • Financial Exploitation • With or without a fiduciary • Neglect • Caregiver or self

7. 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!

8. Where do I report? • Each County Board designates a CEP • The CEP is the unit 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

9. 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)

10. Referrals • Reports collected by the Common Entry Point (CEP) are forwarded to the appropriate lead investigative agency: • MN Department of Health – Office of Health Facility Complaints; • DHS Licensing division; OR • County Adult Protection • CEP refers reports to law enforcement if there is an element of criminal activity • CEP reports are maintained in a central, statewide database (SSIS)

11. How is the Lead Investigative Agency Determined? • County Social Services • Department of Health • Department of Human Services

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

13. Mary Northern Case • 72 year old woman • Nashville, TN • Subfreezing temperatures • Home was burned, no heat • Infected legs

14. Assessing Self-Neglecting Clients Safety Risk Housing (previous living conditions) Lack of medical treatment Intrusive Intervention Death • Right to Die Case? • Capacity (sane with psychic denial) • Guardian • No “imminence of death”

15. Discussion • What are the problems with this case? • What would your county have done? • What other possible alternatives are there? • What can you learn from this case?

16. 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

17. Questions?

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