10-149 C.M.R. ch. 1, § 2 - REPORTING TO ADULT PROTECTIVE SERVICES CENTRAL INTAKE

1. Who Reports

a. Mandated Reporters must report to the Department known or suspected Abuse, Neglect, or Exploitation or the substantial risk thereof.

b. In addition to Mandated Reporters, any other individual may report known or suspected Abuse, Neglect, or Exploitation or the substantial risk there of to the Department.

c. No individual may impede or inhibit a Mandated Reporter's reporting of known or suspected Abuse, Neglect, or Exploitation or the substantial risk thereof to the Department. No employer, supervisor, manager, or associate of a Mandated Reporter may require a Mandated Reporter to seek or receive permission to report known or suspected Abuse, Neglect, or Exploitation or the substantial risk there of prior to reporting. A person making a report may not be subject to any sanction for making a report.

2. What Must Be Reported

a. A Report to APS is warranted where an individual knows or has reasonable cause to suspect that an Incapacitated or Dependent Adult has been Abused, Neglected, or Exploited or there exists a substantial risk of same.

b. The Reporter shall provide, at a minimum, the following information to APS Central Intake, to the greatest extent possible:

i. The name and address of the Incapacitated or Dependent Adult involved;

ii. The nature and extent of the known or suspected Abuse, Neglect, or Exploitation or the substantial risk thereof;

iii. The source of the Report;

iv. The Reporter's name, occupation, and contact information;

v. Any other information the Reporter believes may be relevant.

c. A Reporter need not have witnessed the incident in order to report known or suspected Abuse, Neglect, or Exploitation. Second-hand information can be the basis for reporting to the Department.

d. All Reports of known or suspected Abuse, Neglect, or Exploitation or the substantial risk there of made to APS must be made in good faith.

e. Reporting known or suspected Abuse, Neglect, or Exploitation of an Incapacitated or Dependent Adult or the substantial risk there of through APS Central Intake does not relieve any Reporter of any other duties under Federal or State statute or regulation, including duties to report Reportable Events through the Department's Reportable Events System under 14-197 C.M.R. ch. 12 and the duty to report alleged violations of the rights of an individual with intellectual disability or autism to the advocacy agency designated under 5 M.R.S. §19502.

3. When Must a Report Be Made

a. A Report of known or suspected Abuse, Neglect, or Exploitation of an Incapacitated or Dependent Adult or the substantial risk thereof must be made immediately when the Mandated Reporter becomes aware of the incident or allegation.

b. Individuals who are not Mandated Reporters should make Reports of known or suspected Abuse, Neglect, or Exploitation of an Incapacitated or Dependent Adult or the substantial risk there of to APS immediately, if possible, or otherwise as soon as possible.

4. How to Report

a. Mandated Reporters must report to the Department known or suspected Abuse, Neglect, or Exploitation or the substantial risk thereof via the APS Central Intake telephone line.

b. Individuals who are not mandated reporters may report known or suspected Abuse, Neglect, or Exploitation of an Incapacitated or Dependent Adult or the substantial risk there of to APS Central Intake via telephone or through the online form available on the Maine DHHS - Adult Protective Services website.

Notes

10-149 C.M.R. ch. 1, § 2