CILNM POLICY A/3

REPORTING AND INVESTIGATING CONSUMER ABUSE AND NEGLECT

PURPOSE   The purpose of this policy and procedure is to express CILNM’s views concerning abuse of a consumer and to identify specific actions to be taken if this were to occur or be suspected.

POLICY: Abuse* of any consumer is strictly prohibited within this program.  Each consumer shall be free from mental and physical abuse.  An employee of this program engaging in the abuse of a consumer will be subject to verbal reprimand, a probationary warning, or dismissal. The supervisor and/or Executive Director will determine the action to be taken based on the seriousness of the incident and a record of any previous occurrence.

All persons working in this program or providing a service within this program are mandated by law to report suspected abuse including a physical injury not reasonably explained by the consumer's history.  Our policy is to inform the appropriate agencies and persons of abuse occurrences, and suspected abuse occurrences.  We will conduct an internal investigation and fully cooperate with any investigation conducted by other agencies.

The following procedures shall apply to all cases of abuse and suspected abuse whether or not the suspected perpetrator is an employee of this organization.  This policy will be posted in a prominent place in the facility and will be available upon request to mandated reporters, consumers and consumer representatives.  The payroll administrator will maintain a list, attached to this policy, of all current mandated reporters for this organization.

 

PROCEDURE:

I.  REPORTING

Any incidents or suspected incidents of abuse or neglect should be reported immediately.  Though outside reporting is an option, internal reporting is preferred so that a supervisor or the Executive Director can begin an immediate internal investigation and take any needed immediate measures necessary for the well being of the consumer(s). Reports may be made by consumers, staff, family, volunteers, and/or others.

 

A.   Reports, internal or external, shall include the following:

1.  The name and address of the consumer

2.  The nature and extent of the suspected abuse/neglect including dates and time. >

3.  Any evidence of previous abuse/neglect.

4.  The name and address of the reporter.

5.  The name and address of the perpetrator, if known.

6.  All other information that the reporter feels is pertinent or would be helpful in investigating the suspected neglect/abuse.

To get the number for the adult/child protection agency in your area, call Information and Referral at 1-800-232-1300.  (Duluth - 726-2222)

B.   Written reporting
A written report of the incident and investigation will be submitted to the local investigative authority by the Executive Director or the delegate.  The board chair will submit the report should the suspected perpetrator be the Executive Director.

A written report shall include at least the following:

1.  All information listed under Section A.

2.  A summary of the internal investigation including any conclusions, recommendations or actions taken.

 

CILNM will provide each consumer an orientation to the internal reporting system.

All employees shall be informed of these reporting procedures, Minnesota Statute 626.5571, and DHS Rule 10 within 72 hours of employment as part of their initial orientation.

PERSONS NOT MANDATED BY LAW   Persons not mandated by Minnesota statutes (i.e.; Families, persons not employed by this CILNM), Section 626.557, Subdivision 3 to report, are encouraged to report abuse or neglect or suspected abuse or neglect incidents immediately to child/adult protection.

 

ABUSE

1.  Any act that constitutes a violation of a consumer  (i.e.: assault, prostitution, or criminal sexual conduct statutes.

2.  Non-therapeutic conduct that produces or could reasonably be expected to produce pain or injury and is not accidental, or any repeated conduct that produces or could reasonably be expected to produce mental or emotional distress.

3.  Any sexual contact between a staff person and a consumer.

4.  The illegal or improper use of a consumer's property for another person's profit or advantage, including but not limited to situations where a person obtains money, property or services from a client through the use of undue influence, duress, deception or fraud.