Transcript Professional Boundaries CFASD Program Meeting January 17, 2002

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.
Legislation was implemented at the
Department of Human Services (DHS) in
1981 with the creation of the Adult
Protective Services (APS) Unit.
Protection
Provide 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, or
 Receives services from a facility,
regulated by MDH or DHS, or
 Recipient 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, 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.
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
enforcement
 Emergency Protective Services
 Appropriate Lead Investigative Agency
 Ombudsman (suspicious death)
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)
What is abuse? continued

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

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 selfneglect.
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 Services
 Maltreatment investigations within the
community
 Extensive involvement with Law
Enforcement
Emergency Protective
Services

COUNTY ADULT PROTECTION
SHALL INITIATE A RESPONSE
IMMEDIATELY!
Assess and offer emergency and
continuing protective social services
To prevent further maltreatment
 To 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
Information
[email protected].
us
651-431-2609