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

Dhs.Adultprotection@state.mn.us

651-431-2609