RESPONDING TO SUSPECTED ABUSE IN CALIFORNIA

If you suspect, witness, or become aware of suspected abuse of dependent adult or elderly, report immediately! You are one of those people – a “mandated reporter”

• Immediately call 911 if you observe or are aware of a physical or sexual assault in progress;
• Immediately (as soon as possible, but not more than 24 hours from initial knowledge) contact the Mains’l administrative on-call personnel. Mains’l does not release identifying information about the mandated reporter unless given permission by the mandated reporter, or as required by law. Only information about the suspected maltreatment or injury is reported.

Where to report suspected abuse:

Suspected abuse must be reported.

                                        You do not need to have proof that it has occurred.

How people learn about responding to and reporting suspected abuse

1. All employees receive orientation training on their responsibilities as a mandated reporters, including video and in person training, review of this policy and procedure, statutes referenced in policy, the Personal Safety Plan within 72 hours of first working in a direct care service and then participate in ongoing training each year. Training is documented for each employee.

1. All people receiving services and their conservators (when applicable) receive orientation to this policy and procedure, the Personal Safety Plan within 24 hours of starting services with Mains’l. For a person whom would benefit more from a later orientation, the orientation may take place within 72 hours of starting services. This orientation is documented on the Orientation for Person Receiving Supports Form

1. This policy and procedure is made readily accessible to people by posting the critical information at each work location.

The who, what, where, why, and how for responding to and reporting suspected abuse

Who is considered a dependent adult? In general, any person who needs assistance to adequately care for him or herself, and is therefore at a greater risk of abuse, is considered a dependent adult. Based on California laws, any person receiving services from Mains’l is considered a dependent adult.

Who is considered a mandated reporter? A person who has assumed full or intermittent responsibility for care of a dependent adult, whether or not paid for that responsibility.  Mandated reporters can include family, friends, hired employees, contracted service providers, and volunteers.

What is abuse? For dependent adults, abuse is defined as physical abuse, serious bodily injury, neglect, or financial abuse, abandonment and isolation. Definitions of each type of abuse are provided below in the definitions section.

Who is required to report suspected abuse? While anyone can report, many people are required by law to report, including you.  A complete list of who is required to report can be found in the Statutes listed above. Some professionals who are mandated reporters are people who work in the following areas:

• Care of vulnerable adults or minor children; including relatives and other paid and unpaid caregivers
• Healing arts

• If you SEE SOMETHING… SAY SOMETHING!

  Social  services

• Hospitals, medical clinics, and nursing homes                     
• Psychological or psychiatric treatment
• Child care  and education
• Law enforcement and corrections
• Vocational rehabilitation
• Medical examiner or coroner

What is required to be reported? Suspected abuse must be reported within 24 hours of finding out.  Definitions of abuse are listed in this document.

Who do I report to? For the suspected abuse of a dependent adult, report to the California Adult Protective Services (APS). You may complete the documentation on line with the (SOC 341). For suspected abuse in a licensed service it also needs to be reported to the licensing entity Community Care Licensing (CCL) We also ask that you contact the Mains’l administrative on-call personnel.

What happens at Mains’l after a report is made? When Mains’l has a reason to believe that an internal or external report of alleged or suspected abuse has been made, we also report and respond.

1. When an internal suspected abuse report is received, Mains’l administrative on-call personnel is responsible for deciding if the report should be forwarded to the Adult Protective Services (APS). If the administrative on-call person is involved in the suspected maltreatment, contact your senior manager, so they can take responsibility for deciding if the report should be forwarded. 

1. An internal review is completed within 30 calendar days and corrective action is taken, if necessary, to protect the health and safety of dependent people.  The review includes an evaluation of whether:

1. related policies and procedures were followed;
2. the policies and procedures were adequate;
3. there is a need for additional staff training;
4. the reported event is similar to past events with the person or the services involved; and
5. there is a need for Mains’l to take corrective action to protect the health and safety of people.

Internal reviews are completed by Anne Silcher, Director or a designated Senior Manager.  Mains’l documents completion of the internal review and will provide a copy to the commissioner immediately upon request.

1. Based on the results of the internal review, Mains’l develops, documents, and implements a corrective action plan designed to correct current lapses and prevent future lapses in performance by the agency or a specific person/group of people, if any.

What happens if I do not report suspected abuse? There are many things that can happen if you do not report including:

• the continuation of abuse to the person
• you being removed from your responsibilities
• you may be found guilty of a misdemeanor and liable for damages caused by the failure
• you may not clear a background study required for many jobs

If you are asked to not report something, you can explain to the person that you are required by law to report. You also do not have to inform the person that you are making a report, go ahead and make the report if you suspect abuse has occurred.

Will I be protected from retaliation if I make a report?  Yes, Mains’l will not retaliate against anyone for making a report in good faith (an honest report) and takes action to protect people who report. There are also laws in place to protect people who make good faith reports.

A person who intentionally makes a false report may be found liable in a civil suit for any actual damages suffered by the reported facility, person or persons and any punitive damages up to $10,000.00 and attorney’s fees.

Suspected Abuse definitions for adults

Abuse: Abuse can be physical, emotional, verbal, or sexual. This includes but is not limited to:

1. Physical Abuse:

1. Physical assault
2. Sexual assault
3. Unreasonable physical restraint

1. See CA Statutes for complete definitions and additional information.

   Deprivation of food and water

2. Inappropriate use of physical or chemical restraint

1. Emotional Abuse:

a.   Verbal assaults, threats, and intimidation

b.   Subjection to fear, isolation or emotional stress

c.   Withholding emotional support

1. Confinement

Neglect: Occurs when an individual’s health and safety needs are not being met. This includes, but is not limited to:

1. Failure to supply an individual with care or services, including but not limited to food, clothing,

shelter, health care, or supervision, which is reasonable and necessary to obtain or maintain the person’s physical or mental health or safety, and is not the result of an accident or therapeutic conduct.

 2.  Absence or likelihood of absence of care or services, including but not limited to food, clothing, shelter, health care, or supervision necessary to maintain the physical and mental health of the individual which a reasonable person would deem essential to obtain or maintain the person’s health, safety, or comfort.

Financial exploitation/abuse: Occurs when a person misuses funds, assets, or property of a dependent adult. This includes but is not limited to:

1.   Failure to use the dependent adult’s financial resources to provide food, clothing, shelter, health care, therapeutic conduct or supervision for the individual, and the failure results in or is likely to result in detriment to the  individual;

1. Willfully using, withholding, or disposing of funds or property of a dependent adult without legal

authority;

1. Acquiring possession of, control of, or an interest in, funds or property of a vulnerable individual through the

use of undue influence, harassment, duress, deception, or fraud;

1. Forcing, compelling, coercing, or enticing a dependent adult against his or her will to perform services for the profit or advantage of another.

Remember… Respond immediately if you suspect, see, or hear about maltreatment!

• Immediately call 911 if you observe or are aware of a physical or sexual assault in progress;
• Immediately contact the Adult Protective Services
• We also ask that you immediately contact the Mains’l administrative on-call personnel at 530-723-2913

Thank you for helping to protect people from harm.