This policy has been most recently updated on June 1, 2022. Always check this policy for changes. It may be subject to change without notice.
What You Will Learn
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Definitions
The definitions for maltreatment of adults can be found in Mn Statute 626.5572
Reporting requirements for maltreatment of adults can be found in Mn Statute 626.557
An online course on reporting maltreatment of vulnerable adults can be found here: Vulnerable Adults Mandated Training
The definitions and reporting requirements for maltreatment of minors can be found in Mn Statute 260E.03
Simple Common Sense Rule
If you have any reason to suspect that any adult or child is being verbally or physically abused, neglected, financially or otherwise exploited by anyone, act immediately. If you are unsure if what you have learned fits the definition of maltreatment, seek guidance from your Clinical Supervisor, Treatment Director, Clinical Director, or Executive Director. He or she will review the details with you and advise you on the necessary next steps, including reporting the maltreatment to state investigative offices if necessary.
Definitions of Mandated Reporters
As a person who works with vulnerable adults or children, you are mandated to report abuse or neglect if you witness it or learn of it.
Protections for Mandated Reporters
As a mandated reporter, you are protected from retaliation by your employer for reporting maltreatment. This means that if you independently report possible maltreatment, for example, by a colleague or supervisor within the agency, or if you decide to report possible maltreatment by others, Accend will not and may not, by law, discipline you or take any adverse action against you for making a report.
If you make a report in good faith, you are also protected from criminal or civil liability that might otherwise result from making the report, or from participating in the investigation.
Finally, your identity as a reporter is always kept confidential by Accend and by investigating agencies.
Take Protective Action First
If you are aware of abuse or neglect of adults or children that is harming them, your first step is to ensure that person's safety. If necessary, call 911 or seek advice on how to do this.
Best Practice: Seek Guidance When Filing a Report
We strongly recommend that you seek guidance from your Clinical Lead, or the Program, Executive, or Clincial Director before filing maltreatment reports. They will help you identify the core issues and file a better report if necessary. You may also be advised during this consultation that the issue does not constitute a reportable incident.
While this is a best practice, we cannot require it of you.
Regardless of the advice you receive, if you feel a report is necessary, you remain obligated to report it and there shall be no consequence to you of any kind for making a good-faith report against the advice of administrators at Accend Services. You are protected by law from any type of retaliation for reporting maltreatment.
Reporting Maltreatment of Vulnerable Adults
You must report maltreatment of adults immediately (within 24 hours of learning of the suspected maltreatment) in one of these ways:
- Discuss the issue with your Clinical Lead, or the Clinical, Program or Executive Director. If he or she believes it is reportable, he or she will complete the report and inform you when the report has been made, or direct you to file the report. Regardless of our determination about the incident, we will document this consultation to record your report. If you disagree with your supervisor's determination about whether the incident is reportable, you may still report it, and are protected by law from retaliation for making this report.
- Call the Minnesota Adult Abuse Reporting Center at 844-880-1574 to report verbally.
- Navigate to this site and complete the online form.
A Few Words About the Statutory Definition of Vulnerable Adult
Not all of the adults we serve are considered vulnerable adults according to the statutory definition. Part of the statutory definition is based in part on what services a person receives, however, we interpret the following langauge from the stature to apply to many of the adults we serve:
(4) regardless of residence or whether any type of service is received, possesses a physical or mental infirmity or other physical, mental, or emotional dysfunction:
(i) that impairs the individual's ability to provide adequately for the individual's own care without assistance, including the provision of food, shelter, clothing, health care, or supervision; and
(ii) because of the dysfunction or infirmity and the need for care or services, the individual has an impaired ability to protect the individual's self from maltreatment.
Reporting Maltreatment of Children
Report maltreatment of children immediately (within 24 hours of learning of the suspected maltreatment.)
There are several agencies who investigate maltreatment of Children. This are described in the Resource Guide for Mandated Reporters of Child Maltreatment Concerns found here.
Again, as for any report, you may first seek counsel from your Clinical, Program, or Executive Director about reporting requirements and procedures.
Internal Reports Required
In order to keep good records of maltreatment reports filed, and for us to make sure we are doing follow-up to prevent re-occurence of maltreatment, you must complete an internal report in the file for the individual for whom you filed an external report. Find this report in TabsTM under Assessments > Incident and Reports > Maltreatment Report.
If you have concerns about the internal anonymity of a report you file (you have filed a report for whom the alleged perpetrator is an Accend employee, and do not want the report to be visible to that person, see your supervisor for instructions for filing the report you file is confidential.
Precautions in Reporting
When considering whether or not to report maltreatment, keep in mind that certain choices that are based in cultural, spiritual or other values or belief systems are not necessarily maltreatment.
For example, all adults, and parents on behalf of children have a right to refuse medical treatment. Additionally, some accepted child-rearing practices of the culture in which a child participates, that are not injurious to a child’s health, welfare and safety, even if you do not agree with them, do not necessarily constitute abuse or neglect.
You can read more about this in the following Department of Human Services document: Minnesota Child Maltreatment Intake, Screening and Response Path Guidelines.
Remember that protecting children and adults from abuse or neglect is your primary responsibility. When unsure, follow the common sense rule described above and seek advice if you are unsure.
Consequences for Failure to Report
Consequences for failure to report maltreatment may range from performance intervention and re-training on maltreatment reporting policies and procedures, to termination of employment, depending on the circumstances of the situation.
For example, failing to recognize maltreatment because of a lack of training, or because the circumstances are not clear may indicate that you need more training. However, intentionally not reporting maltreatment to protect yourself, a coworker, friend, or family member, or even someone you serve may be grounds for immediate termination. Failure to report for these reasons may also result in criminal charges.
Consequences for Perpetrating Abuse or Neglect
Consequences for employees of Accend who perpetrate abuse or neglect may also range from performance intervention and re-training on maltreatment reporting policies and procedures, to termination of employment, depending on the circumstances of the situation.
Investigations of these incidents shall consider whether or not the maltreatment was a result of intentional behavior, negligence, or a accident or mistake. Intentional or negligent behavior that constitutes abuse or neglect will likely always result in termination.
Abuse or neglect of a child or vulnerable adult by an employee of Accend that happens outside of the workplace and is unrelated to work or assigned clients may also result in disqualification from employment, by state law, from employment at Accend.
Prohibited Conduct
Prohibited conduct is described in our Boundaries, Ethics and Scope of Practice policy. Some of the prohibited conduct found there can rise to the level of maltreatment. Review that policy carefully as a part of your study of this policy.
Resources and Training
Vulnerable Adults Reporting Training
Vulnerable Adults Mandated Reporting Online Course
Certification Assesment on the Vulnerable Adults Mandated Reporting (VAMR) Registration Page
After completing both of the above, please email your VAMR certificate to Human Resources.
Child Abuse and Neglect
Resource Guide for Mandated Reporters of Child Maltreatment Concerns
Minnesota Child Maltreatment Intake, Screening and Response Path Guidelines
After completing this training, review it with your trainer, team leader, or Program Director, and ask any questions you might have.
This guide is a living document. We want to improve it with your help. Do you have questions? Found a typo? Find yourself wanting more information? Please send us your thoughts about anything in this chapter by tapping on the link below.
Updates to this Chapter are listed here starting May, 2022.
June 1, 2022:
Reference and a link to Prohitibed Conduct is added to this policy/procedure.
