Reporting Abuse /Neglect / Exploitation / Mistreatment of a Client

All personnel providing service in a client’s home are mandated by law to report actual or suspected abuse, neglect or exploitation of an endangered adult/child to appropriate authorities. You may promptly call your Supervisor or any Manager for help making your report or you may report directly to an appropriate authority. An appropriate authority for reporting abuse, neglect or exploitation of an endangered adult is Adult Protective Services (APS) or law enforcement.  An appropriate authority for reporting actual or suspected abuse or neglect of a child is the Indiana Department of Child Services’ (DCS’) Child Abuse and Neglect Hotline.   Neither APS nor DCS are emergency responders. If you believe someone is in immediate danger, call 911 immediately.

In addition to your mandatory reporting requirements, you must also promptly complete an incident report in compliance with the Company’s Incident Reports policy. Failure to timely report any knowledge of these actions to appropriate authorities and/or the Company is considered unacceptable conduct and will result in disciplinary action, including termination. You may also face legal consequences for failing to report actual or suspected abuse, neglect or exploitation as a mandatory reporter.

A person who makes a report to appropriate authorities in good faith is immune from any civil or criminal liability under IC 35-46-1-14.  The Company prohibits retaliation made against any employee, contractor, client, volunteer, or other individual who reports in good faith a complaint or incident of abuse, neglect, exploitation, or mistreatment, or for participating in any related investigation. Making a false accusation of abuse, neglect or exploitation in bad faith can have serious consequences for those who are wrongly accused. The Agency prohibits making false and/or malicious abuse, neglect or exploitation allegations, as well as deliberately providing false information during an investigation. Anyone who violates this rule is subject to disciplinary action, up to and including termination.

The Company has zero tolerance for any person committing abuse, neglect, exploitation or mistreatment of any kind whatsoever against a client. Any employee accused of abuse, neglect, exploitation or mistreatment of a client will be immediately suspended without pay pending the Company’s investigation and determination.  The Company reserves the right to immediately terminate an employee alleged to have committed abuse, neglect, exploitation or mistreatment.

APS Definitions:

Endangered Adult: Anyone eighteen (18) years of age or older, who, regardless of where the person is living, is incapable by reason of mental illness, intellectual disability, dementia, habitual drunkenness, excessive drug use, or other physical or mental incapacity, of managing or directing the individual’s property or providing self-care; and is harmed or threatened with harm as a result of neglect, battery or exploitation of the individual’s personal services or property.  

Abuse/Battery: A person who knowingly or intentionally touches another person in a rude, insolent or angry manner; or in a rude, insolent or angry manner places any bodily fluid or waste on another person.

Neglect: The endangered adult / child or person who takes care of the endangered adult / child is unable to, or fails to provide adequate food, clothing, shelter or medical care.

Exploitation: Exploitation of the individual’s personal services or property: A person who recklessly, knowingly or intentionally exerts unauthorized use of the personal services or the property of an endangered adult; or a dependent 18 years of age or older; for the person’s own profit or advantage or for the profit of advantage of another person.  Exploitation includes but is not limited to sexual misuse as well as the use of the endangered adult’s labor without pay or exerting unauthorized control over the finances or property of the endangered adult.