Vulnerable Adult/Mandated Reporter Training - PowerPoint PPT Presentation

1 / 43
About This Presentation
Title:

Vulnerable Adult/Mandated Reporter Training

Description:

Vulnerable Adult/Mandated Reporter Training Vulnerable Adult/Mandated Reporter Training Sandra Henkel-Johnson, LICSW Lindsay Guinee, SW St ... – PowerPoint PPT presentation

Number of Views:178
Avg rating:3.0/5.0
Slides: 44
Provided by: henkelj
Category:

less

Transcript and Presenter's Notes

Title: Vulnerable Adult/Mandated Reporter Training


1
Vulnerable Adult/Mandated Reporter Training

2
Vulnerable Adult/Mandated Reporter Training
  • Sandra Henkel-Johnson, LICSW
  • Lindsay Guinee, SW
  • St. Louis County Public Health and
    Human Services

3
Vulnerable Adult Law
  • 1977, law was created as a result of a rape of a
    30 year old nursing home resident who was
    non-verbal and bed bound
  • Not investigated, no one ever charged
  • Family persisted to ensure others have more
    protection under the law.

4
Vulnerable Adult Law cont..
  • 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 implemented at DHS in 1981 with the
    creation of the Adult Protective Services (APS)
    Unit.
  • Significant changes to the law in 1995 to include
    financial exploitation

5
Purpose of VA Law
  • Protect adults who are vulnerable to
    maltreatment
  • Provide safe living environments for adults who
    have been maltreated
  • Assist persons charged with the care of
    vulnerable adults to provide safe environments.

6
Adult Protection Services the VA Law
  • The adult is the only person we are mandated to
    serve NOT
  • -the community, concerned with safety
  • -landlords, concerned with property
  • -citizens, concerned with crime/morality
  • -families, concerned with finances.

7
Vulnerable Adults Two Types
  • Categorical Dependent on receiving certain
    services
  • Functional Impaired ability to meet basic needs
    and protect self from harm

8
Categorically a Vulnerable Adult is
  • Any 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

9
Not Categorically Vulnerable
  • Persons receiving outpatient services for
    treatment of chemical dependency or mental
    illness
  • Domestic abuse victims
  • Persons who receive social security disability

10
Functionally a Vulnerable Adult is
  • 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
    without assistance, including the provision of
    food, shelter, clothing, health care or
    supervision and
  • an impaired ability to protect self from
    maltreatment.

11
MALTREATMENT
  • Abuse physical, emotional or sexual
  • Neglect failure to provide for food, clothing,
    shelter, medical care and/or supervision
  • Financial Exploitation misuse of funds, assets
    or property or the failure to use the VAs
    resources to care for VA, which results in or
    likely to result in detriment to the VA.

12
What is Abuse?
  • Physical Hitting, slapping, kicking, pinching,
    biting or corporal punishment. Also includes
    Assault 1st 5th degrees
  • Emotional Repeated or malicious oral, written or
    gestured language or treatment that would be
    considered disparaging, derogatory, humiliating,
    harassing or threatening.
  • Mental unauthorized aversive/deprivation
    procedures unreasonable confinement/seclusion

13
Abuse continued
  • Sexual Criminal sexual conduct 1st 5th degrees
  • Involuntary Servitude Forcing, compelling or
    coercing or enticing a vulnerable adult to
    provide services for the advantage of another
  • Use of drugs to injure or facilitate a crime

14
What is Neglect?
  • Failure or omission to provide for basic needs
    food, clothing, shelter, medical care, or
    supervision.
  • Absence of care or services essential to maintain
    health and safety
  • Neglect may be by caregiver or self-neglect.

15
What is Financial Exploitation?
  • Person has fiduciary relationship
    guardian/conservator/POA/joint acct/contract/docum
    ented consent/etc
  • - and there is unauthorized expenditure of funds
    or failure to use funds for VA and resulting or
    likely to result in detriment to VA

16
Financial Exploitation cont..
  • Person has No fiduciary relationship and
  • - Willfully uses/withholds/disposes of
    funds/property of VA
  • - Obtains for self/another services to detriment
    of VA
  • - Acquires possession/control/interest in VAs
    property / funds through harassment / undue
    influence / duress / deception /fraud
  • Forces / compels / coerces /entices VA to perform
    services for anothers advantage

17
Reporters Two Types
  • Mandated
  • Voluntary

18
Mandated Reporters Who are They?
  • Social Services
  • Law Enforcement
  • Educators
  • Licensed health human service professionals
  • Personal Care Attendants
  • Employees of licensed facilities (AFC, group
    homes, day programs, etc)
  • Employees of health care facilities or programs
    (Nursing Homes, Home Health Agencies)
  • Medical examiner or coroner

19
Mandated Reporters
  • Are Required by Law to Report
  • Identity is considered confidential and may not
    be disclosed.
  • -EXCEPTIONsubject of report may compel
    disclosure only with consent of the reporter or
    upon a written finding by a court that the report
    was false and there was evidence that it was made
    in bad faith.

20
Reporting
  • Any person making a report in good faith is
    immune from civil criminal liability.
  • Any one may report, report is protected by law.
  • Mandated reporters required to report
    immediately (defined as within 24 hours) if they
    have reason to believe maltreatment to a VA has
    or is occurring.
  • -A PROFESSIONAL FAILING TO REPORT IS GUILTY OF A
    MISDEMEANOR.

21
Criminal Failure to Report
  • Mandated reporter who knows or has reason to
    believe that a VA is being or has been maltreated
    intentionally fails to make a report or knowingly
    provides false, deceptive or misleading
    information or withholds information surrounding
    an incident.
  • Penalty 90 days/700 fine

22
Criminal Failure to Report
  • Mandated reporter who knows or suspects that a VA
    has been maltreated, causing or contributing to
    the death or great bodily harm of VA,
    intentionally failed to report to protect own
    interest.
  • Penalty one year/3000 fine

23
What to Report
  • Time and date of report
  • Name, address and phone number of reporter
  • Time, date location of incident
  • Names, addresses, DOB or age of alleged
    perpetrator victim
  • Names of witnesses
  • Risk of imminent danger to alleged victim

24
What to Report - continued
  • Description of suspected maltreatment
  • Relationship of perpetrator to victim
  • If a facility, who licenses them
  • If a facility, who was the initial reporter
    include name, address and phone number of the
    person.

25
Reports Not Required When
  • Resident to resident verbal or physical
    aggression, or self abusive behavior by those
    residents unless the behavior causes serious harm
    i.e. requires visit to medical provider
    (however facility shall record incidents to
    facilitate review by licensing agencies and
    county and local welfare agencies).

26
Reports Not Required cont.
  • Single mistake/medication error/ therapeutic
    conduct
  • -does not result in injury or harm which
    reasonably requires medical or mental health care
    or
  • -does result in injury or harm, which reasonably
    requires the care of a physician but
  • the necessary care is provided in a timely
    fashion as dictated by the condition of the VA

27
Reports Not Required cont.
  • if after receiving care, the health status of
    the VA can be reasonably expected, as determined
    by the attending physician, to be restored to the
    preexisting condition
  • the error is not part of a pattern of errors
    by the individual
  • internal protocols must be followed
  • Transfer of money or property by gift or
    compensation of services rendered

28
Reports Not Required cont.
  • Accident
  • -not likely to occur, could not have been
    prevented by exercise of due care
  • -if VA is receiving services from a facility,
    incident occurs when the facility and the person
    providing services in the facility are in
    compliance with the laws and rules relevant to
    the occurrence.

29
Reports Not Required cont.
  • Examples regarding falls
  • -Resident who is independent with walker falls
    while walking in hall. Resident was using walker
    at the time.
  • -Resident did not put on call light or call for
    assistance, but got out of bed on own, falls and
    suffers a fractured hip

30
Reports Not Required cont.
  • Examples regarding falls continued
  • -Resident puts on call light for assistance but
    no one answers the light they get out of bed and
    fall, but do not suffer an injury.
  • -Falls which are not witnessed. Just because
    the fall is not witnessed does not make this a
    reportable issue. There has to be suspected or
    known neglect or abuse associated with the fall.

31
Reports Not Required cont.
  • Even if a report is not required to be reported
    to the CEP, a facility still has an internal
    documentation and possible investigation process
    it needs to complete, i.e. incident report to
    licensers, case manager, guardian, etc.

32
Retaliation
  • Any retaliation or adverse action within 90
    days of report is punishable by law. Penalty up
    to 10,000 fine.
  • Adverse action
  • -transfer or discharge from facility
  • -termination of employment
  • -reduction in remuneration of services
  • -restriction or prohibition of access to the
    facility or its residents.

33
Where to Report
  • Reports are made to the Common Entry Point (CEP).
    Available to take a message 24/7. In Minnesota,
    most counties have designated their social
    service agency as the CEP. A complete list of
    CEPs is available at www.mnaging.org or by
    calling 651-296-5563 or 651-297-3984.

34
Where to Report continued
  • For an incident occurring anywhere in St. Louis
    County
  • call 218-726-2164
  • Staff on duty 800am 430pm M-F (except
    holidays). Leave message on voice mail at other
    times or
  • fax 218-726-2253

35
Lead Agencies
  • CEP forwards reports to lead agency responsible
    for investigation
  • Department of Health
  • Investigates reports involving hospitals, home
    care providers, nursing homes, residential care
    homes or board and care homes.
  • - Has jurisdiction for patient Bill of Rights
    violations

36
Lead Agencies continued
  • Department of Human Services
  • Investigates reports involving adult day care,
    adult foster care, programs for persons with
    developmental disabilities, mental health
    programs, or chemical health programs.
  • - Has background Check Unit as well, which
    includes perpetrator list.

37
Lead Agencies - continued
  • County Social Services
  • - Responsible for all other reports
  • - Community investigations
  • - Involvement with Law Enforcement. Although
    not a lead agency, law enforcement is the primary
    agency to conduct investigations of any incident
    in which there is reason to believe a crime has
    been committed.

38
Investigation
  • Upon receiving a report, initial disposition
    needs to be reported within 5 business days,
    provided that notification will not endanger the
    VA or hamper the investigation.
  • Final disposition will be completed within 60
    calendar days of receipt of report.

39
Investigation Memoranda
  • Final report from the lead agency will be issued
    in the form of a public investigation memorandum.
  • Report is available to
  • VA or their legal guardian
  • -Reporter
  • -Alleged perpetrator
  • -Facility
  • -Ombudsman for Long-Term Care or the Ombudsman
    for Mental Health Developmental Disabilities .

40
Request for Reconsideration
  • The following persons/parties may request
    reconsideration of the final disposition
  • -individual or facility which a lead agency has
    determined has maltreated a VA.
  • -the VA or an interested person acting on behalf
    of the VA.

41
Determinations/Data Destruction
  • False 2 years
  • Inconclusive 4 years
  • Substantiated 7 years
  • Non investigated or no final disposition 2 years

42
BOTTOM LINE
  • The eccentric or culturally different lifestyle
    of a competent person is categorically different
    from the case of self neglect by an incompetent
    individual. And yet, both may look the same.

43
So..Competency Means
  • People can live a lifestyle others find
    repulsive, even harmful, without interference
    from others.
  • People can refuse services which workers believe
    will improve their quality of life.
Write a Comment
User Comments (0)
About PowerShow.com