400-414 Mandated Reporting of Maltreatment of Vulnerable Adults
HIBBING PUBLIC SCHOOLS
INDEPENDENT SCHOOL DISTRICT 701
BOARD POLICY 414
SERIES: 400 Employees/Personnel
SUBJECT: 414 Mandated Reporting of Maltreatment of Vulnerable Adults
(Note: This policy reflects the law regarding mandatory reporting of adults and is not discretionary in nature.)
The following definitions shall be used to clarify this policy:
- “Mandated Reporters” means any school personnel who has reason to believe that a vulnerable adult is being or has been maltreated.
- “Maltreatment” means the neglect, abuse, or financial exploitation of a vulnerable adult.
- “Neglect” means failure by a caregiver to supply a vulnerable adult with necessary food, clothing, shelter, health care, or supervision; or the absence or likelihood of absence of necessary food, clothing, shelter, health care, or supervision for a vulnerable adult.
- “Abuse” means physical or sexual abuse; a violation, an attempted violation or the aiding and abetting of a criminal assault; the use of drugs to insure or facilitate a crime; solicitation, inducement, or promotion of prostitution or criminal sexual conduct committed against the vulnerable adult.
- "Financial Exploitation” means a breach of a fiduciary duty by an actor’s unauthorized expenditure of funds entrusted to the actor for the benefit of the vulnerable adult or by an actor’s failure to provide food, clothing, shelter, health care, therapeutic conduct or supervision, the failure of which results or is likely to result in detriment to the vulnerable adult. Financial exploitation also includes: the willful use, withholding, or disposal of funds or property of a vulnerable adult; the obtaining of services for wrongful profit or advantage which results in detriment to the vulnerable adult; the acquisition of a vulnerable adult’s funds or property through undue influence, harassment, duress, deception, or fraud; and the use of force, coercion, or enticement to
- cause a vulnerable adult to perform services against the vulnerable adult’s will for the profit or advantage of another.
- “Vulnerable Adult” means any person 18 years of age or older who is a resident or inpatient of a facility, or who receives services at or from a licensed facility which serves adults who receive services at or from a licensed home care provider or who regardless of residence or type of service received, is unable to adequately provide the person’s own care or protect the person from maltreatment without assistance because of impairment of mental or physical function or emotional status.
- “Caregiver” means an individual or facility who has responsibility for the care of a vulnerable adult as a result of a family relationship, or who has assumed responsibility for all or a portion of the care of a vulnerable adult voluntarily, by contract, or by agreement.
- “School Personnel” means professional employees or their delegates of the school district engaged in providing health, educational, social, psychological, law enforcement, or other caretaking services of vulnerable adults.
- “Immediately” means as soon as possible, but no longer than 24 hours from the time initial knowledge that the incident occurred has been received.
School district personnel shall immediately report to the designated county law enforcement and/or social service entity any suspected maltreatment of vulnerable adults or any physical injuries which are not reasonably explained in compliance with Minnesota law. The responsibility for investigating reports of suspected maltreatment of a vulnerable adult rests with the entity designated by the county for receiving reports.
M.S. 609.234 (Crimes Against the Person)
M.S. 626.556 (Reporting of Child Neglect)
M.S. 626.557 (Reporting of maltreatment of Vulnerable Adults)
M.S. 626.5572 (Definitions)