MandatedReportingMandatedReporting Considerations for Collaborations Presenters Stephanie Sanford, Disability & Violence Advocacy Coordinator Kansas Association of Centers for Independent Living Topeka KS (785) 215-8048 stephanies@kacil.org Leslie Myers, Project Director MMDI:ACCESS IndependenceFirst Milwaukee, WI (414) 226-8381 lmyers@independencefirst.org Persons Covered Mandated reporters At-Risk Adult None though it “Urges” certain professionals to make a report Persons Covered Mandated reporters Adult Includes social workers and law enforcement Persons Covered Mandated reporters Dependent Adult Includes social workers and law enforcement and employees of community mental health facilities and alows anyone to report Persons Covered Mandated reporters Vulnerable Adult Includes professionals working in social services, social workers and therapists Persons Covered Mandated reporters Vulnerable Adult Medical, mental health or allied health professional, social or public assistance worker, any other person who has actual knowledge or who has reason to believe that a vulnerable adult has been abused Adult = 18+ Alleged to be unable to protect their own interest Who is harmed or threatened with harm (financial, mental or physical in nature) through action or inaction by either another individual or through their own action or inaction when person is residing in:  Own home, the home of a family member or the home of a friend  An adult family home Or is receiving services through a provider operated or funded by the department of social and rehabilitation or the department on aging or a residential facility Kansas- Unique Exception “… An employee of a domestic violence center shallnotberequiredtoreportinformationorcauseqpareportofinformationtobemadeunderthissubsection.” Kansas-UniqueException“… Anemployeeofadomesticviolencecentershallnotberequiredtoreportinformationorcauseqpareportofinformationtobemadeunderthissubsectio.” “Adult at risk” = any adult who has a: physical or mental condition That substantially impairs his/her ability to care for his/her needs and Who has experienced, is currently experiencing, or is at risk of experiencing abuse, neglect, or financial exploitation Wisconsin Mandated Reporters Mandated reporters: • A Health Care Provider • Social worker • Professional counselor • Marriage and family therapist • An employee of any entity that is licensed, certified/approved by or registered with DHFS ANY PERSON MAY REPORT possible physical, sexual or emotional abuse, financial exploitation, and neglect or selfneglect of a child, adult at risk, or elder adult at risk. Wisconsin Mandated Reporters Mandated reporters must report if: • The elder or adult at risk has asked them to make a report • There is reasonable cause to believe that the elder/adult at risk is at imminent risk and is unable to make an informed judgment about whether to make a report • Others are at risk from the suspected perpetrator Mandated reporters who intentionally violate the reporting laws for Adult at Risk and Elder Adult at Risk may be fined up to $500 or imprisoned for up to six (6) months What is a Mandated Reporter Mandated Reporters are persons who:  Are more likely to be aware of abuse or neglect of persons with disabilities because of their profession  Are required by law to report cases of suspected abuse  Choose to file reports of suspected abuse, even though they are not mandated to do so. Adult Protective Services-Definition “Adult Protective Services are those services provided to older people and people with disabilities who are, or are in danger of being mistreated or neglected, are unable to protect themselves, and have no one to assist them” (National Adult Protective Services Association (NAPSA)) NAPSA (2004) http://www.apsnetwork.org/Resources/docs/Ethical%20Principles.pdf Interventions provided by Adult Protective Services Include, but are not limited to: Receiving reports of adult abuse, exploitation or neglect Investigating these reports Case planning, monitoring and evaluation In addition, they may provide or arrange for other protective, emergency or supportive services, like: Medical, social or economic assistance Legal services Housing Law enforcement NAPSA (2004) http://www.apsnetwork.org/Resources/docs/Ethical%20Principles.pdf Adult Protective Services-Guiding Values  Every action taken must balance the duty to protect the safety of the vulnerable adult with the adult’s right to self-determination.  Victims of abuse, exploitation or neglect should be treated with honesty, caring and respect. NAPSA (2004) http://www.apsnetwork.org/Resources/docs/Ethical%20Principles.pdf Adult Protective Services-Guiding Principles Adults have the right to:  Be safe  Retain their civil and constitutional rights  Make decisions that do not conform with societal norms as long as they do not harm others  Presumed to have decision-making capacity  Accept or refuse services NAPSA (2004) http://www.apsnetwork.org/Resources/docs/Ethical%20Principles.pdf NAPSA Practice Guidelines*  The interests of the adult are the first concern of any intervention  Obtain informed consent before providing services  Involve the adult in developing the service plan  Case plan should maximizes independence and choice  Use the least restrictive option first  Support casework actions that are in the adult’s best interest  Do no harm (inadequate or inappropriate intervention may be worse than no intervention) *For complete list see NAPSA (2004) http://www.apsnetwork.org/Resources/docs/Ethical%20Principles.pdf Mandated Reporting Quandaries  Misunderstanding about what will happen  Unaware of the law  Victim/service provider rapport  Suspected abuse is subjective  Effects of reporting –Will it increase or decrease quality of life? Mandated Reporting Quandaries  Possible negative outcome from report  Investigator’s experience in interviewing, safety planning, protecting, etc.  Lack of funding, options etc. for intervention  Liability: Not making report vs. making a report  Philosophical differences Liability Colorado  Not liable for making the report, if the report was made in good faith.  False reports (intentional) the reporter may be charged with a class 3 misdemeanor, up to six months in jail and/or a maximum $750 fine. Liability Iowa A mandatory reporter who M Knowingly and willfully fails to report. M Interferes with the making of a report. M Applies a requirement that results in the failure to report. May be committing a simple misdemeanor and lliable for civil damages Liability Ohio  Any person who makes a report or who testifies shall be immune from civil or criminal liability.  No employer shall retaliate against an employee as a result of the employee's having filed a report  Mandated reporters who fail to make a report may be guilty of a misdemeanor of the fourth degree Liability Minnesota  A person who makes a good faith report is immune from any civil or criminal liability  A mandated reporter who negligently or intentionally fails to report is liable for damages caused by the failure.  A person or facility who intentionally makes a false report shall be liable in a civil suit for any actual damages suffered by the reported facility, person or persons and for punitive damages up to $10,000 and attorney fees. Liability South Carolina  Mandated reporters who have actual knowledge that abuse/neglect/exploitation has occurred and who knowingly and willfully fails to report is guilty of a misdemeanor and must be fined not more than $2500 or imprisoned not more than one year.  A person required to report who has reason to believe that abuse/neglect/exploitation has occurred and who knowingly and willfully fails to report is subject to disciplinary action. Philosophical Differences “Mandated reporting, which is carefully constructed and implemented, is one of the proven viable, valuable, life saving measures. It therefore cannot be discounted simply because of ‘philosophical’ differences”. Travis A. Fritsch (2002) MANDATORY REPORTING OF DOMESTIC VIOLENCE: Making it Safe & Effective available at http://www.kiprc.uky.edu/projects/ipv/SafeRptg.pdf Benefits: Making a report can… • Promote early identification of vulnerable adults • Break isolation. • Provide victims with information about safety planning, legal and community services • Provide victims with local/state advocacy services • Recognize that the adult has the right to selfdetermination and may accept or refuse services. • Provide a ‘continuum of care’ for victims in coordination with other agencies and enhances effectiveness of interventions. • Create documentation of the maltreatment that may be critical to criminal or civil legal action But… Any response must be victim focused, safety driven, & provide for confidentiality & autonomy. Detriments: Making a report may result in…  Loss of independence (individual placed in a restrictive environment, payee is assigned, etc)  Removal of the individual’s rights (assigning a guardian)  Loss of trust/feelings of betrayal toward reporter  Increase risk  Nothing-report is unsubstantiated Mandated Reporting Stories John’s sick guardian (Wisconsin) Schoolhouseintervention(Wisconsin)Schoolhouseintervention(Wisconsin) Betty’sStory(Kansas) Ed’sStory(Kansas) MandatedReportingStories John’ssickguardian(Wisconsin) Schoolhouseintervention(Wisconsin)Schoolhouseintervention(Wisconsin) Betty’sStory(Kansas) Ed’sStory(Kansas) Mandated Reporting-Collaboration Issues As a collaboration you may be facing the mandated reporting question more than once. Because APS was one of the MMDI:ACCESS partners we needed to do something in our charter. Mandated Reporting-Needs Assessment You may need to address it in your needs assessment. Needs Assessment: Confidentiality, minimizing risks, offering options  Making a statement on the onset whether interviewer/facilitator is a mandated reporter  Make sure participants understand your role in maintaining confidentiality  Creating a safe place  Giving options for participation, including changing interviewer/facilitator to a non-mandated reporter partner  Empowering participants to self-report Needs Assessment Disclosure Story-How it worked and how it benefited the participant-Wisconsin Mandated Reporting-Implementation Phase A final time your collaboration may need to address mandated reporting is during the “+” “-” implementation phase. If you decide to develop policies/procedures, you will want to weigh the benefits and detriments of mandated reporting policies. Deciding What Is Best  Look at the law  Talk with staff/board/managers  Open a dialogue with APS workers  Meet with other service providers  Talk with consumers The End TheEnd