1.
Philosophy Every individual served by the Division of Developmental
Disabilities Services (DDS) has the right to be free from maltreatment. DDS
strictly prohibits maltreatment (which includes but is not limited to physical,
verbal, psychological, or sexual abuse, neglect, exploitation, misappropriation
of property, and violation of rights) of individuals receiving
services.
2.
Purpose
Each facility shall do all that is within its control to prevent
occurrences of maltreatment and to report and investigate maltreatment when it
occurs. This policy establishes a maltreatment prohibition protocol and defines
responsibilities for reporting and investigating alleged, suspected, and
witnessed maltreatment of individuals served by DDS.
This Policy does not replace or remove the mandated legal
responsibility of any entity to report maltreatment or of any external entity
to conduct investigations as required by law.
3.
Scope Compliance with this
policy is the responsibility of all facility staff, clients, consultants,
volunteers, staff of other agencies serving the client, family members, legal
guardians, friends, or other individuals. It is the responsibility of the
on-site administrator to ensure overall compliance with this policy and to take
all necessary precautions to prevent maltreatment.
4.
Definitions
1.
Maltreatment -
Actions which include, but are not limited to, physical, verbal, psychological,
or sexual abuse, neglect, exploitation, misappropriation of property, and
violation of rights of individuals receiving services
2.
Founded charge of
maltreatment - Credible evidence exists that supports the charge
of maltreatment of an individual by a DDS employee.
3.
On-site
administrator - The administrator or his or her designee.
See other terms as defined by statutes in Appendix A and B.
Replacement: This Policy replaces: DDS Commissioner's Office Policy
3004-I (January 28, 1981, June 4, 1982, and May 25, 1983); DDS Deputy
Director's Office Policy 3004-I (January 8, 1987); DDS Director's Office Policy
3004-I (May 1, 1993, December 1, 1993, and May 22,
1995).
References: Act 1208 of 1991; Arkansas Code Annotated (ACA)
§
5-28-101;
12-12-507(d) (e); 12-12-509(a) (1) ; 12-12-509(2) (A) (B);
12-12-503(10); DHS Policy 1090; DDS Director's Office Policies 1027, 3010-I,
3011-D, and DDS Procedural Guidelines for Investigations
Reviewed: Administrative Rules & Regulations Subcommittee
of Arkansas Legislative Council: (date)
Subject of Policy
Maltreatment Prohibition, Prevention, Reporting, and
Investigation
5.
Policy DDS Programs (hereafter referred to as facilities) will implement
this policy and develop and implement consistent procedures for the prevention,
identification, reporting, and investigation of maltreatment.
6.
Procedures
A.
Prohibition of Maltreatment
The on-site administrator is responsible for implementing this policy
and consistent procedures that prohibit maltreatment through screening,
training, prevention, and identification. Below are ways in which facilities
should implement each component.
1.
Screening:
Screen potential employees for a history of maltreatment, as defined by
applicable requirements. This includes:
* attempting to obtain information from previous employers and/or
current employers,
* checking with the appropriate licensing boards, registries, and DHS
personnel offices, and
* performing criminal record checks.
2.
Training:
Train employees, through orientation and through on-going sessions, on
issues related to maltreatment prohibition practices such as:
* Rights of clients
* Recognition of events that may precede or trigger certain
behaviors
* Early intervention techniques for positive behavioral support
* Approved interventions to deal with aggressive and/or catastrophic
reactions
* Recognizing signs of staff burnout, frustration and stress that may
lead to maltreatment;
* Definition of maltreatment, and
* Reporting suspected maltreatment.
3.
Prevention:
Provide clients, families, and staff information on how and to whom
they may report concerns, incidents and grievances; and how they may receive
feedback regarding the concerns that have been expressed.
Identify, correct and intervene in situations in which maltreatment are
more likely to occur. This includes an analysis of:
* Features of the physical environment that may make maltreatment
and/or neglect more likely to occur, such as secluded areas of the
facility;
* Failure to recognize and respect client rights.
. The deployment of staff on each shift in sufficient
numbers to meet the needs of the clients, and assure that the staff assigned
have knowledge of the individual clients' care needs;
. Inappropriate staff behaviors, such as:
derogatory language,
rough handling,
ignoring clients while giving care,
directing clients who need toileting assistance to urinate or defecate
in their beds; and
use of items for staff convenience (i.e., disposable briefs,
restraints)
. The assessment, care planning, and monitoring of clients
with needs and behaviors which might lead to conflict or neglect. This would
include clients with a history of aggressive behaviors, clients who have
behaviors such as entering other clients' rooms, clients with self-injurious
behaviors, clients with communication disorders, and clients that require
extensive care.
4.
Identification:
Identify events, occurrences, patterns, and trends, such as bruising of
clients, or a change in behavior that may suggest maltreatment.
B.
Reporting.
1. All alleged, suspected,
and witnessed maltreatment will be immediately
reported by all individuals having knowledge of the alleged incident to the
on-site administrator.
2. All
alleged, suspected, and witnessed maltreatment will be
immediately reported to the appropriate abuse
reporting hotlines by the on-site administrator.
NOTE: Nothing in this policy removes the right and obligation of a
mandated reporter (see Appendix B) to immediately report an incident directly
to the appropriate abuse reporting hotline, as well as to the on-site
administrator.
3. Reporting
shall not be delayed for any type of investigation.
4. Incidents shall be reported in accordance
with DHS Policy 1090, Incident Reporting, and the DHS Incident Reporting and
Information System (IRIS).
5.
Reports of allegations shall also be made by telephone or fax by the on-site
administrator/designee to local law enforcement where the facility is located
and to the individual's parent/guardian/advocate.
6. Incidents which are not specifically
defined in statute as abuse but which have or may have a negative impact on
clients shall be reported as noted in item 4 above. An example would be one or
more acts of discourteous treatment by an employee, as defined in DHS Policies
1084 and 1085, Minimum Conduct Standards.
C.
Protection of Individuals During
Investigations
The on-site administrator is responsible for ensuring that staff
accused or suspected of maltreatment leave the facility grounds immediately and
have no contact with clients until an investigation has been completed. Under
no circumstances will the subject(s) of an investigation resume regular duties
or assume new duties at the facility until an investigation is complete.
D.
Investigations
1. Investigations will begin promptly after
an incident is reported. When applicable, the on-site administrator may
delegate this task to a trained investigator on staff.
2. Allegations of maltreatment will be
investigated according to DDS Procedural Guidelines for Investigations.
Physical evidence (i.e., bruises, marks, etc.) shall be photographed when an
incident is reported and again no more than three days later.
3. The on-site administrator may request that
the Human Rights Committee review and make recommendations on current
investigations and shall notify the Committee of all founded cases of
maltreatment.
4. As mandated by
statute, the on-site administrator will defer investigations to the proper
entity (law enforcement, protective service agencies, Office of Attorney
General, etc.).
5. Officials
outside DDS who are authorized to conduct investigations shall request and
obtain a copy of relevant documents from the on-site administrator.
E.
Investigation
Reports
1. When a reported incident has
been determined to warrant an investigation, the on-site administrator must
submit a report of findings to the Office of Long Term Care (OLTC) within five
(5) working days of the facility's knowledge of the incident, to comply with
OLTC regulation LTC 300 et.seq.
2. If the administrator is unable to submit a
final report to OLTC within five days, he or she must submit a status report to
OLTC within the five-day timeframe. This status report must detail the findings
that have been determined to that point and what areas need further
investigation.
3. A full report, in
the format of a DDS Investigative File, must be completed and submitted to the
DDS Director and to OLTC within 14 calendar days of notification that an
incident is being investigated.
4.
An extension of the 14-day timeframe must be requested of and granted by the
Director's Office. Documentation of the extension approval shall be part of the
file.
5. The DDS Director's Office
shall send a copy of all investigative files to the appropriate Protective
Services Agency, the Office of Chief Counsel, and the Office of the Attorney
General.
F.
Discipline.
1.
Founded
charge of maltreatment
The employee is immediately terminated and his/her personnel file is
designated as "not eligible for rehire" by DHS.
2.
Failure to report alleged,
suspected, or witnessed maltreatment
The employee is subject to termination, as in item F-1. If not
terminated, the on-site administrator will utilize progressive discipline as
noted in DHS Policy 1084 Employee Discipline, unless the documented
circumstances clearly warrant a deviation from the guidelines, due to
aggravating or mitigating facts.
3.
Delay in reporting alleged,
suspected, or witnessed maltreatment
The employee is subject to termination, as in item F-1. If not
terminated, the on-site administrator will utilize progressive discipline as
noted in DHS Policy 1084 Employee Discipline, unless the documented
circumstances clearly warrant a deviation from the guidelines, due to
aggravating or mitigating facts.
4.
Other Involvement
Any employee who is involved in any way with any aspect of a case of
maltreatment and who is not terminated will be required to attend training
relative to maltreatment prevention, reporting, and investigation. The on-site
administrator shall specify the training course(s) and ensure that
documentation of training is maintained.
G.
Record
Keeping.
1. Each facility
shall maintain a copy of all files related to cases of alleged, suspected, or
witnessed maltreatment in a secure location. This record will include the
original incident report (IRIS) and all follow-up reports; the on-site
administrator's investigation report; any correspondence; any documentation of
supporting evidence (photos, etc.), and documentation of the actions taken by
the on-site administrator. These internal records shall be maintained for no
less than ten (10) years. Original investigative files will be maintained in
the DDS Director's office and retained indefinitely, in either paper format or
other medium.
2. A summary report
of investigations of all alleged, suspected, and witnessed maltreatment
conducted at the HDCs and subsequent outcomes shall be submitted to the DDS
Director by January 15 of each year for the previous calendar year. Individual
identifier information shall not be used. Victims shall be identified by case
number and staff shall be identified by Job Title.
3. DDS Systems Development Section will also
submit a summary report of the same information, as reported by DDS Community
Programs, to the DDS Director by January 15 each year for the previous calendar
year. Requests for the summary reports noted in G.2 and G.3 shall be made in
writing to the DDS Director.
H.
Release of
Investigative Files.
It is the intent of this policy to protect the anonymity of all clients
noted in investigative reports and the names of those who report abuse. For
specific guidance for the release of information under the Freedom of
Information Act (FOIA), see DHS Policy 1053. All client and reporter
identifiers must be deleted (redacted) prior to release.
NOTE: When an investigation results in disciplinary action that is
grieved, a copy of pertinent information from the investigation report will be
provided to the grievant with client and reporter identifiers deleted. This may
not apply to the grievance process at the state level.
I.
Confidentiality.
All aspects of allegations, reports, and investigations of child and
adult maltreatment are confidential. Verified violations will be subject to
discipline under DHS Policy 1084, Employee Discipline and DHS Policy 1085,
Minimum Conduct Standards.
J.
Appeals.
Employees who have been disciplined based on provisions set forth in
this policy retain the right of appeal according to established grievance
procedures outlined in DHS Policy 1086, Employee Grievance Procedure.
Appendix A
Statutory definitions
Adult abuse (
5-28-101
)
(1)
"Abuse" means:
(A) Any
intentional and unnecessary physical act which inflicts pain on or causes
injury to an endangered or impaired adult, including sexual abuse; or
(B) Any intentional or demeaning act which
subjects an endangered or impaired adult to ridicule or psychological injury in
a manner likely to provoke fear or alarm;
(2)
"Caregiver" means a related
or unrelated person, owner, agent, high managerial agent of a public or private
organization, or a public or private organization that has the responsibility
for the protection, care, or custody of an endangered or impaired adult as a
result of assuming the responsibility voluntarily, by contract, through
employment, or by order of the court;
(3)
(A)
"Department" means the Department of Human Services.
(B) The Director of the Department of Human
Services may assign responsibilities for administering the various duties
imposed upon the department under this chapter to respective divisions of the
department which, in his or her opinion, are best able to render service or
administer the provisions of this chapter;
(4)
"Endangered adult" means:
(A) An adult eighteen (18) years of age or
older who is found to be in a situation or condition which poses an imminent
risk of death or serious bodily harm to that person and who demonstrates a lack
of capacity to comprehend the nature and consequences of remaining in that
situation or condition; or
(B) A
resident eighteen (18) years of age or older of a long-term care facility,
which is required to be licensed under §
20-10-224,
who is found to be in a situation or condition which poses an imminent risk of
death or serious bodily harm to the person and who demonstrates the lack of
capacity to comprehend the nature and consequences of remaining in that
situation or condition;
(5)
"Exploitation" means the
illegal use or management of an endangered or impaired adult's funds, assets,
or property, or the use of an endangered or impaired adult's person, power of
attorney, or guardianship for the profit or advantage of himself, herself, or
another;
(6)
(A)
"Imminent danger to health or
safety" means a situation in which death or severe bodily injury could
reasonably be expected to occur without intervention.
(B) The burden of proof shall be upon the
department to show by clear and convincing evidence that such imminent danger
exists.
(7)
(A)
"Impaired adult" means a
person eighteen (18) years or older who, as a result of mental or physical
impairment, is unable to protect himself or herself from abuse, sexual abuse,
neglect, or exploitation, and as a consequence thereof is endangered.
(B) For purposes of this chapter, adult
clients of a long-term care facility are presumed to be impaired
adults;
(8)
"Neglect" means acts or omissions by an endangered adult; for
example, self-neglect or intentional acts or omissions by a caregiver
responsible for the care and supervision of an endangered or impaired adult
constituting:
(A) Negligently failing to
provide necessary treatment, rehabilitation, care, food, clothing, shelter,
supervision, or medical services to an endangered or impaired adult;
(B) Negligently failing to report health
problems or changes in health problems or changes in the health condition of an
endangered or impaired adult to the appropriate medical personnel; or
(C) Negligently failing to carry out a
prescribed treatment plan;
(9)
(A)
"Physical injury" means the impairment of a physical condition or
the infliction of substantial pain.
(B) Where the person is an endangered or
impaired adult, there shall be a presumption that any physical abuse resulted
in the infliction of substantial pain;
(10)
(A)
"Protective services" means services to protect the endangered or
impaired adult from:
(i) Self-neglect or
self-abuse; and
(ii) Abuse or
neglect by others.
(B)
Protective services shall include, but not be limited to:
(i) Evaluation of the need for
services;
(ii) Arrangements for
appropriate services;
(iii)
Assistance in obtaining financial benefits to which the person is entitled;
or
(iv) Securing medical and legal
services.
(C)
(i) Protective services may include:
(a) Referrals for services available in the
community;
(b) Seeking protective
custody or court-ordered services for endangered adults; or
(c) In appropriate cases, assistance in
locating an appropriate person or entity interested in and able to assume
guardianship over an endangered adult.
(ii) In situations involving exploitation of
an endangered or impaired adult not resulting in any imminent danger to health
or safety or involving protection of the property of such an impaired adult,
protective services may include one (1) or more of the following:
(a) Referrals for legal assistance;
(b) Referrals, as appropriate, to law
enforcement or prosecutors; or
(c)
Assistance in locating an appropriate person or entity interested in and able
to assume guardianship;
(11)
"Serious bodily harm" means
physical abuse, sexual abuse, physical injury, or serious physical injury as
defined in this chapter;
(12)
"Serious physical injury" means physical injury to an endangered
or impaired adult that creates a substantial risk of death or that causes
protracted disfigurement, protracted impairment of health, or loss or
protracted impairment of the function of any bodily member or organ;
(13)
"Sexual abuse" means
deviate sexual activity, sexual contact, or sexual intercourse, as those terms
are defined in §
5-14-101, with
another person who is not the actor's spouse and who is incapable of consent
because he or she is mentally defective, mentally incapacitated, or physically
helpless, as those terms are defined in §
5-14-101;
and
(14)
"Subject of the
report" means the endangered or impaired adult, the adult's guardian,
and the offender.
Child abuse ( 12-12-503 )
(1)
"Abandonment" means:
(A) Failure of the parent to provide
reasonable support and to maintain regular contact with the juvenile through
statement or contact when the failure is accompanied by an intention on the
part of the parent to permit the condition to continue for an indefinite period
in the future;
(B) Failure to
support or maintain regular contact with the juvenile without just cause;
or
(C) An articulated intent to
forego parental responsibility;
(2)
(A)
"Abuse" means any of the following acts or omissions by a parent,
guardian, custodian, foster parent, or any person who is entrusted with the
juvenile's care by a parent, guardian, custodian, or foster parent, including,
but not limited to, an agent or employee of a public or private residential
home, child care facility, public or private school, or any person legally
responsible for the juvenile's welfare:
(i)
Extreme or repeated cruelty to a juvenile;
(ii) Engaging in conduct creating a realistic
and serious threat of death, permanent or temporary disfigurement, or
impairment of any bodily organ;
(iii) Injury to a juvenile's intellectual,
emotional, or psychological development as evidenced by observable and
substantial impairment of the juvenile's ability to function within the
juvenile's normal range of performance and behavior;
(iv) Any injury that is at variance with the
history given;
(v) Any
nonaccidental physical injury;
(vi)
Any of the following intentional or knowing acts, with physical injury and
without justifiable cause:
(a) Throwing,
kicking, burning, biting, or cutting a child;
(b) Striking a child with a closed
fist;
(c) Shaking a child;
or
(d) Striking a child on the
face;
(vii) Any of the
following intentional or knowing acts, with or without physical injury:
(a) Striking a child age six (6) or younger
on the face;
(b) Shaking a child
age three (3) or younger; or
(c)
Interfering with a child's breathing.
(B)
(i) The
list in subdivision (2)(A) of this section is illustrative of unreasonable
action and is not intended to be exclusive.
(ii) No unreasonable action shall be
construed to permit a finding of abuse without having established the elements
of abuse.
(C)
(i)
"Abuse" shall not include
physical discipline of a child when it is reasonable and moderate and is
inflicted by a parent or guardian for purposes of restraining or correcting the
child.
(ii)
"Abuse"
shall not include when a child suffers transient pain or minor temporary
marks as the result of an appropriate restraint if:
(a) The person exercising the restraint is an
employee of an agency licensed or exempted from licensure under the Child
Welfare Agency Licensing Act, §
9-28-401 et
seq.;
(b) The agency has policy and
procedures regarding restraints;
(c) No other alternative exists to control
the child except for a restraint;
(d) The child is in danger or hurting himself
or herself or others;
(e) The
person exercising the restraint has been trained in properly restraining
children, de-escalation, and conflict resolution techniques; and
(f) The restraint is for a reasonable period
of time.
(iii)
Reasonable and moderate physical discipline inflicted by a parent or guardian
shall not include any act that is likely to cause and which does cause injury
more serious than transient pain or minor temporary marks.
(iv) The age, size, and condition of the
child and the location of the injury and the frequency or recurrence of
injuries shall be considered when determining whether the physical discipline
is reasonable or moderate;
(3)
"Caretaker" means a parent,
guardian, custodian, foster parent, or any person ten (10) years of age or
older who is entrusted with a child's care by a parent, guardian, custodian, or
foster parent, including, but not limited to, an agent or employee of a public
or private residential home, child care facility, public or private school, or
any person responsible for a child's welfare;
(4)
(A)
"Central intake", otherwise referred to as the "child abuse
hotline", refers to a unit that shall be established by the Department
of Human Services for the purpose of receiving and recording notification made
pursuant to this subchapter.
(B)
Central intake shall be staffed twenty-four (24) hours per day and shall have
statewide accessibility through a toll-free telephone number;
(5)
"Child" or
"juvenile" means an individual who:
(A) Is from birth to the age of eighteen
(18);
(B) Is under the age of
twenty-one (21) years, whether married or single, who was adjudicated
delinquent under the Arkansas Juvenile Code of 1989, §
9-27-301 et seq., for an
act committed prior to the age of eighteen (18) years, and for whom the court
retains jurisdiction; or
(C) Was
adjudicated dependent-neglected under the Arkansas Juvenile Code of 1989,
§
9-27-301 et seq., before
reaching the age of eighteen (18) years, and who, while engaged in a course of
instruction or treatments, requests the court to retain jurisdiction until the
course has been completed;
(6)
"Child maltreatment" means
abuse, sexual abuse, neglect, sexual exploitation, or abandonment;
(7)
"Department" means the
Department of Human Services;
(8)
"Deviate sexual activity" means any act of sexual gratification
involving:
(A) Penetration, however slight,
of the anus or mouth of one person by the penis of another person; or
(B) Penetration, however slight, of the labia
majora or anus of one person by any body member or foreign instrument
manipulated by another person;
(9)
(A)
(i)
"Forcible compulsion" means
physical force, intimidation, or a threat, express or implied, of physical
injury to or death, rape, sexual abuse, or kidnapping of any person.
(ii) If the act was committed against the
will of the juvenile, then forcible compulsion has been used.
(B) The age, developmental state,
and stature of the victim, and the relationship of the victim to the assailant,
as well as the threat of deprivation of affection, rights, and privileges from
the victim by the assailant, shall be considered in weighing the sufficiency of
the evidence to prove compulsion;
(10) "Indecent exposure" means the exposure
by a person of the person's sexual organs for the purpose of arousing or
gratifying the sexual desire of the person or of any other person under
circumstances in which the person knows the conduct is likely to cause affront
or alarm;
(11)
"Near
fatality" means an act that, as certified by a physician, places the
child in serious or critical condition;
(12)
"Neglect" means those acts
or omissions of a parent, guardian, custodian, foster parent, or any person who
is entrusted with the juvenile's care by a parent, custodian, guardian, or
foster parent, including, but not limited to, an agent or employee of a public
or private residential home, child care facility, public or private school, or
any person legally responsible under state law for the juvenile's welfare,
which constitute:
(A) Failure or refusal to
prevent the abuse of the juvenile when the person knows or has reasonable cause
to know the juvenile is or has been abused;
(B) Failure or refusal to provide necessary
food, clothing, shelter, and education required by law, excluding the failure
to follow an individualized educational program, or medical treatment necessary
for the juvenile's well-being, except when the failure or refusal is caused
primarily by the financial inability of the person legally responsible and no
services for relief have been offered or rejected;
(C) Failure to take reasonable action to
protect the juvenile from abandonment, abuse, sexual abuse, sexual
exploitation, neglect, or parental unfitness where the existence of such
condition was known or should have been known;
(D) Failure or irremediable inability to
provide for the essential and necessary physical, mental, or emotional needs of
the juvenile;
(E) Failure to
provide for the juvenile's care and maintenance, proper or necessary support,
or medical, surgical, or other necessary care;
(F) Failure, although able, to assume
responsibility for the care and custody of the juvenile or participate in a
plan to assume such responsibility; or
(G) Failure to appropriately supervise the
juvenile that results in the juvenile's being left alone at an inappropriate
age or in inappropriate circumstances that put the juvenile in
danger;
(13)
"Parent" means a biological mother, an adoptive parent, or a man
to whom the biological mother was married at the time of conception or birth or
who has been found by a court of competent jurisdiction to be the biological
father of the juvenile;
(14)
"Pornography" means:
(A) Obscene
or licentious material, including pictures, movies, and videos, lacking serious
literary, artistic, political, or scientific value, which, when taken as a
whole and applying contemporary community standards would appear to the average
person to appeal to the prurient interest; or
(B) Material that depicts sexual conduct in a
patently offensive manner lacking serious literary, artistic, political, or
scientific value;
(15)
"Serious bodily injury" means bodily injury that involves
substantial risk of death, extreme physical pain, protracted and obvious
disfigurement, or protracted loss or impairment of the function of a bodily
member, organ, or mental faculty;
(16)
"Severe maltreatment" means
sexual abuse, sexual exploitation, acts or omissions which may or do result in
death, abuse involving the use of a deadly weapon as defined by the Arkansas
Criminal Code, §
5-1-101 et seq., bone
fracture, internal injuries, burns, immersions, suffocation, abandonment,
medical diagnosis of failure to thrive, or causing a substantial and observable
change in the behavior or demeanor of the child;
(17)
"Sexual abuse" means:
(A) By a person ten (10) years of age or
older to a person younger than eighteen (18) years of age:
(i) Sexual intercourse, deviate sexual
activity, or sexual contact by forcible compulsion;
(ii) Attempted sexual intercourse, deviate
sexual activity, or sexual contact;
(iii) Indecent exposure; or
(iv) Forcing, permitting, or encouraging the
watching of pornography or live sexual activity;
(B) Between a person eighteen (18) years of
age or older and a person not his or her spouse who is younger than sixteen
(16) years of age:
(i) Sexual intercourse,
deviate sexual activity, or sexual contact or solicitation; or
(ii) Attempted sexual intercourse, deviate
sexual activity, or sexual contact; or
(C) Between a person younger than eighteen
(18) years of age and a sibling or caretaker:
(i) Sexual intercourse, deviate sexual
activity, or sexual contact or solicitation; or
(ii) Attempted sexual intercourse, deviate
sexual activity, or sexual contact;
(18)
(A)
"Sexual contact" means any act of sexual gratification involving
the touching,
directly or through clothing, of the sex organs, buttocks, or anus of a
person or the breast of a female.
(B) Provided, that nothing in this section
shall permit normal affectionate hugging to be construed as sexual
contact;
(19)
"Sexual exploitation" means allowing, permitting, or encouraging
participation or depiction of the juvenile in prostitution, obscene
photographing, filming, or obscenely depicting a juvenile for any use or
purpose; and
(20)
"Subject of
the report" means:
(A) The
offender;
(B) The parents,
guardians, and legal custodians of the child who is subject to suspected
maltreatment; and
(C) The child who
is the subject of suspected maltreatment.
Appendix B
( 5-28-203 ) Mandated Reporters
(adult)
Persons required to report abuse:
(a)
(1)
Whenever any of the following has observed or has reasonable cause to suspect
that an endangered or impaired adult has been subjected to conditions or
circumstances which would reasonably result in abuse, sexual abuse, neglect, or
exploitation, as defined in this chapter, he or she shall immediately report or
cause a report to be made in accordance with the provisions of this section:
(A) A physician;
(B) A surgeon;
(C) A coroner;
(D) A dentist;
(E) An osteopath;
(F) A resident intern;
(G) A registered nurse;
(H) Hospital personnel who are engaged in the
administration, examination, care, or treatment of persons;
(I) Any social worker;
(J) A case manager;
(K) A case worker;
(L) A mental health professional;
(M) A peace officer;
(N) A law enforcement officer;
(O) A facility administrator;
(P) An employee in a facility;
(Q) An employee of the Department of Human
Services;
(R) A firefighter;
or
(S) An emergency medical
technician.
(2) Whenever
a person is required to report under this chapter in his or her capacity as a
member of the staff, an employee in a facility, or an employee of the
department, he or she shall immediately notify the person in charge of the
institution, facility, or agency, or that person's designated agent, who shall
then become responsible for making a report or cause a report to be
made.
(3) In addition to those
persons and officials required to report suspected adult abuse, sexual abuse,
or neglect, any other person may make a report if the person has reasonable
cause to suspect that an adult has been abused, neglected, or exploited, as
defined in this chapter.
(b)
(1) A
report required under this chapter shall be made to the central registry by the
receiving agency for abused or neglected adults not residing in long-term care
facilities.
(2) A report for abused
or neglected adults residing in a long-term care facility shall be made
immediately to the local law enforcement agency for the jurisdiction in which
the facility is located and to the Office of Long Term Care of the Division of
Medical Services of the Department of Human Services, pursuant to regulations
of that office.
(3) The office
shall notify the central registry and the office of the Attorney General. No
privilege or contract shall relieve anyone required by this subchapter to make
notification of the requirement of making notification.
12-12-507.
Reports of
suspected abuse or neglect (child)
(a) Any person with reasonable cause to
suspect child maltreatment or that a child has died as a result of child
maltreatment, or who observes a child being subjected to conditions or
circumstances that would reasonably result in child maltreatment, may
immediately notify the child abuse hotline.
(b) When any of the following has reasonable
cause to suspect that a child has been subjected to child maltreatment or has
died as a result of child maltreatment, or who observes a child being subjected
to conditions or circumstances that would reasonably result in child
maltreatment, he or she shall immediately notify the child abuse hotline:
(1) Any child or foster care
worker;
(2) A coroner;
(3) A day care center worker;
(4) A dentist;
(5) A domestic abuse advocate;
(6) A domestic violence shelter
employee;
(7) A domestic violence
shelter volunteer;
(8) An employee
of the Division of Youth Services of the Department of Human
Services;
(9) An employee working
under contract for the Division of Youth Services of the Department of Human
Services;
(10) A family service
worker;
(11) A judge;
(12) A law enforcement official;
(13) A licensed nurse;
(14) Any medical personnel who may be engaged
in the admission, examination, care, or treatment of persons;
(15) A mental health professional;
(16) An osteopath;
(17) A physician;
(18) A peace officer;
(19) A prosecuting attorney;
(20) A resident intern;
(21) A school counselor;
(22) A school official;
(23) A social worker;
(24) A surgeon; or
(25) A teacher.
