Why Do Adults Need Protection? Mary McGurran, LSW and Jennifer Kirchen, LSW MN Department of Human Services Aging & Adult Services June 17, 2013

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?

How Are They Protected? MS Vulnerable Adults Act –Safe services and living environments for vulnerable adults who have been maltreated –Require reporting –Investigation –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.

What is Maltreatment? Abuse –Physical, verbal, emotional or sexual Financial Exploitation –With or without a fiduciary Neglect –Caregiver or self

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!

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

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)

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)

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

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

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

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

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?

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 bManRpt/default.htm bManRpt/default.htm

Questions?

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