415 MANDATED REPORTING OF MALTREATMENT OF VULNERABLE ADULTS

Mabel Canton Schools

Adopted 2000

Revised: April 2022

I. PURPOSE

The purpose of this policy is to make clear the statutory requirements of school personnel to report suspected maltreatment of vulnerable adults.

II. GENERAL STATEMENT OF POLICY

A. It is the policy of the school district to fully comply with Minn. Stat. § 626.557 requiring school personnel to report suspected maltreatment of vulnerable adults.

B. It shall be a violation of this policy for any school personnel to fail to report suspected maltreatment of vulnerable adults when the school personnel has reason to believe that a vulnerable adult is being or has been maltreated, or who has knowledge that a vulnerable adult has sustained a physical injury which is not reasonably explained. 

III. DEFINITIONS

A. "Mandated Reporters" means any school personnel who has reason to believe that a vulnerable adult is being or has been neglected or abused. 

B. "Maltreatment" means the neglect, abuse, or financial exploitation of a vulnerable adult.

C. "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. Neglect also includes any act against a vulnerable adult that constitutes a violation or attempted violation or an aiding or abetting in the use of drugs to injure or facilitate a crime;.

D. "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 injure or facilitate a crime; the solicitation, inducement or promotion of prostitution or criminal sexual conduct committed against the vulnerable adult.

E. "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.

F. "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 or unlikely to report abuse or neglect without assistance because of impairment of mental or physical function or emotional status.

G. "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.

H. "School Personnel" means a professional employees of the school district engaged in the education of vulnerable adults.

I. "Immediately" means as soon as possible, but no longer than 24 hours from the time initial knowledge that the incident occurred has been received.

IV. REPORTING PROCEDURES

A. A mandated reporter as defined herein shall immediately report the suspected mal treatment to the designated county entity.

B. The reporter shall identify the vulnerable adult, the caretaker, the nature and extent of the suspected abuse or neglect, any evidence of previous abuse or neglect, the name and address of the reporter, and any other information that the reporter believes might be helpful in investigating the suspected abuse or neglect.

C. A person mandated to report suspected neglect or abuse of a vulnerable adult who negligently or intentionally fails to report is liable for damages caused by the failure. A negligent or intentional failure to report may result in discipline. A mandatory reporter who intentionally fails to make a report, who knowingly provides false or misleading information in reporting or who intentionally fails to provide all the material circumstances surrounding the reported incident is guilty of a misdemeanor.

D. Retaliation against a person who makes a good faith report under Minnesota law and this policy, or against vulnerable adult who is named in a report is prohibited.

E. Any person who intentionally makes a false report under the provisions of applicable Minnesota law or this policy shall be liable in a civil suit for any actual damages suffered by the person or persons so reported and for any punitive damages set by the court or jury. The intentional making of a false report may result in discipline.

V. INVESTIGATION

The responsibility for investigating reports of suspected maltreatment of a vulnerable adult rests with the entity designated by the county for receiving reports.

VI. DISSEMINATION OF POLICY AND TRAINING

A. This policy shall appear in school personnel handbooks where appropriate.

B. The school district will develop a method of discussing this policy with employees where appropriate.

C. This policy shall be reviewed at least annually for compliance with state law.

Legal References: Minn. Stat. § 626.557 (Reporting of Maltreatment of Vulnerable Adults)

Cross References: MSBA Model Policy 103 (Complaints-Students, Employees, Parents, Other Persons)

MSBA Model Policy 211 (Criminal or Civil Action Against School District, School Board Member, Employee or Student)

MSBA Model Policy 403 (Discipline Suspension and Dismissal of School District Employees)

MSBA Model Policy 406 (Public and Private Personnel Data)

MSBA Model Policy 414 (Mandated Reporting of Child Neglect or Physical or Sexual Abuse)