adult protection - 101 october 1, 2009
DESCRIPTION
Adult Protection - 101 October 1, 2009. Deb Siebenaler MN Department of Human Services Aging & Adult Services. 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. - PowerPoint PPT PresentationTRANSCRIPT
Adult Protection - 101 Adult Protection - 101 October 1, 2009October 1, 2009
Deb Siebenaler
MN Department of Human Services
Aging & Adult Services
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.
ProtectionProvide safe services and living
environments for adults who have been maltreated
Require reporting, investigation and protective services
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, orReceives services from a facility,
regulated by MDH or DHS, orRecipient of home care services from
MDH facility or PCA services.
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.
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!
Required To Report The reporter has reason to believe:
A vulnerable adult is being maltreated, orA vulnerable adult has been maltreated, orA 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, andno later then 24 hours from initial knowledge
or belief.
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.
In 2008, Adult Protection in conjunction with the Social Services Information System (SSIS) implemented a new data collection system within SSIS.
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)
COMMON ENTRY POINT RESPONSIBILITIES
Determine immediate risk Capture reports of alleged or suspected
maltreatment Make necessary referrals
Criminal issues-refer to law enforcementEmergency Protective ServicesAppropriate Lead Investigative AgencyOmbudsman (suspicious death)
What is abuse?
Criminal conduct first through fifth degree assaultuse of drugs to injure or facilitate a
crimesolicitation, inducement or promotion of
prostitutioncriminal sexual conduct (sexual contact
or penetration by caregiver)
What is abuse? continued Caregiver conduct which is neither
therapeutic or an accidenthitting, slapping, kicking, punching,
biting or corporal punishmentmalicious oral, written or gesturesaversive or deprivation procedures
(seclusion) and involuntary servitude
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.
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
Lead Agency County Social
Services
Department of Health
Department of Human Services
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
MN Department of Human Services Licensing Division
Investigates in all DHS regulated facilities: (DT&H, CD/MI programs, Adult Day Services, Adult Foster Care)
Background Studies Unit
(Perpetrator list)
County Social Service Agencies County Adult Protection is responsible
for: Emergency Protective ServicesMaltreatment investigations within the
communityExtensive involvement with Law
Enforcement
Emergency Protective Services
COUNTY ADULT PROTECTION SHALL INITIATE A RESPONSE
IMMEDIATELY! Assess and offer emergency and
continuing protective social servicesTo prevent further maltreatmentTo safeguard the welfare of the VA
Actions on behalf of a Vulnerable Adult
medical exam or treatment in cases alleging sexual abuse.
a restraining order or a court order for removal of the perpetrator from the residence of the vulnerable adult
guardianship or conservatorship hold order or civil commitment referral to the prosecuting attorney for
possible criminal prosecution of the perpetrator
Time limits to initiate investigations
A. The local social services agency shall conduct an immediate on-site investigation for complaints alleging or from which it can be inferred that a vulnerable adult is in need of immediate care or protection because the adult is life-threatened or likely to experience physical injury due to abuse or abandonment.
Time limits continued B. The local social services agency
shall begin its investigation within 24 hours for complaints alleging, or when there is substantial evidence, that a vulnerable adult is not in need of immediate care or protection but is allegedly abused.
Time limits continued C. The local social services agency shall
begin its investigation within 72 hours for complaints alleging, or when there is substantial evidence, that a vulnerable adult is not in need of immediate care or protection
but is allegedly neglected.
Investigative Protocol
Discussion with the alleged victim; Discussion with the reporter or any corroborating
contacts, as necessary; Discussion with the alleged perpetrator; Discussion with the physician or other
professionals; and Examination of the physical conditions or the
psychological climate of the residence. The local social services agency shall also
determine whether the reported abuse or neglect places other vulnerable adults in jeopardy of being abused or neglected.
Use of outside experts When investigating alleged abuse or neglect
of a vulnerable adult, the local social services agency shall consult persons with appropriate expertise if the local agency believes that it lacks the expertise necessary for making judgments pertaining to the allegations.
This consultation may include matters of physical health, mental health, specialized treatment such as behavior modification, geriatrics, or other matters.
FINDINGS Substantiated Inconclusive False No Determination
Questions?
Contact Contact InformationInformation
651-431-2609