Mission: Protect the Vulnerable, Promote Strong and Economically Self- Sufficient Families, and Advance Personal and Family Recovery and Resiliency. Rick Scott, Governor David E. Wilkins, Secretary Adult Protective Services Program Overview FY Update 9/23/2011

2 Who Is A Vulnerable Adult? Vulnerable Adult means a person age 18 or older whose ability to perform the normal activities of daily living, and/or to provide for his or her own care or protection, is impaired due to a mental, emotional, sensory, long-term physical, or developmental disability or dysfunction, or brain damage, or due to the infirmities of aging.

3 What is Abuse? “Abuse” means any willful act or threatened act by a relative, caregiver or household member which causes or is likely to cause significant impairment to a vulnerable adult’s physical, mental, or emotional health. Abuse includes acts and omissions. Per , Florida Statutes

4 What is Neglect? “Neglect” means the failure or omission on the part of the caregiver to provide the care, supervision, and services necessary to maintain the physical and mental health of the vulnerable adult. It also means the failure of the caregiver to make a reasonable effort to protect a vulnerable adult from abuse, neglect, or exploitation by others. It is a repeated conduct or a single incident of carelessness. Per , Florida Statutes

5 What is a Caregiver? “Caregiver” means a person who has been entrusted with or has assumed the responsibility for frequent and regular care of or services to a vulnerable adult on a temporary or permanent basis and who has a commitment, agreement, or understanding with that person or that person’s guardian that a caregiver role exists. Per (4), Florida Statutes

6 Protecting Vulnerable Adults Chapter 415, F.S. – DCF to investigate reports alleging abuse, neglect or exploitation of vulnerable adults Purpose of Investigation –Determine if alleged victim has been abused, neglected or exploited –Determine if assistance is necessary to protect the victim’s health and safety

7 Abuse, Neglect and Exploitation Partnerships to assist Florida’s vulnerable adult population: Department of Elder Affairs Agency for Persons with Disabilities Disability Rights Florida Agency for Health Care Administration Long Term Care Ombudsman Program Office of the Attorney General / Medicaid Fraud Control Unit Department of Health

8 Reporting Abuse, Neglect, and Exploitation Mandatory Reporting Required by law ( , F.S.) –Any person who has reasonable cause to believe that a vulnerable adult is being abused, neglected or exploited Florida Abuse Hotline ( ABUSE) –24-hour, toll-free statewide hotline –Accepted 47,261 reports alleging adult abuse in FY

9 The Protective Investigation Process Commence investigation within 24 hours of receiving report Determine any indicators of abuse, neglect or exploitation Assess safety and risk of further harm Determine need for services Complete investigation within 60 days

10 Adult Investigations Reports Received Statewide Totals

11 Institutional vs. In-Home Reports, FY

12 Victim Age in APS Reports, FY

13 Institutional Maltreatments Distribution at Intake, FY

14 Institutional Investigations Verified - For FY 2010/2011, 741 reported maltreatments were verified for abuse, neglect, or exploitation (4.98%) Not Substantiated - For FY 2010/2011, 2,623 reported maltreatments were found to have “some indication” of abuse, neglect, or exploitation (17.63%) No Indicators - For FY 2010/2011, 11,518 reported maltreatments were found to have no indicators of abuse, neglect, or exploitation (77.40%)

15 Definition of Findings Verified – This finding is used when there is a preponderance of credible evidence that supports the allegations occurred. Not Substantiated – This finding is used when there is credible evidence, which does not meet the standard of being a preponderance, to support the allegations. No Indicators – This finding is used when there is NO credible evidence to support the allegations in the report.

16 Notifications For institutional reports, the following agencies are notified at onset and closure of the investigation Long Term Care Ombudsman (LTCOC) Agency for Health Care Administration (AHCA) Medicaid Fraud Control Unit (MFCU) Agency for Persons with Disabilities (APD) Law Enforcement/State Attorney’s Office Department of Health – Professional Licensure