POLICY AND PROCEDURE-MANE
Applicable standard or regulation
(Section 25.05-10-221 C.R.S. and 10 C.C.R. 25-05-10 8.608.6)
Mistreatment, abuse, neglect or exploitation of any individual is prohibited. Any employee or contract personnel witnessing or suspecting abuse shall immediately notify the Director. Employees and contractors are to be trained on their obligation to report as well as detecting instances of MANE through the use of:
1. Incident Reporting
2. Verbal and written reports of unusual or dramatic changes in behaviors of person receiving services
3. Verbal and written reports from persons receiving services, advocates, families, guardians and friends of persons receiving services.
The following actions are considered abuse, mistreatment, neglect, or exploitation and are defined as follows:
1. Physical Abuse means the infliction of physical pain, injury, or the imposition of
unreasonable confinement or restraint of a person. This includes directing a person to physically abuse another person receiving services. Physical abuse includes such actions as striking, twisting body parts, unreasonable use of force in pulling, pushing or inflicting physical injury on a person receiving services with or without apparent injury.
2. Sexual Abuse means subjecting a person to nonconsensual sexual conduct or contact.
This may include, but is not limited to, such actions as sexual assault, rape, fondling, and sexual exploitation. Nonconsensual sexual contact between persons receiving services shall also be considered sexual abuse.
Any sexual interaction, whether consensual or nonconsensual, between staff, contract personnel, or volunteers with persons receiving services shall be considered sexual abuse.
3. Verbal and Mental/Psychological Abuse means any verbal or non-verbal act which
creates, is intended to create, or reasonably could be expected to create mental anguish for a person. This includes, but is not limited to, such actions as discriminatory remarks, belittlement, derogatory name calling, teasing, and unreasonable exclusion from conversations or activities.
4. Neglect means an act or failure to act by a person who is responsible for another's
wellbeing which results in inadequate food, clothing, shelter, psychological care, physical care, medical care, or supervision being provided. This may include, but is not limited to, denial of meals, medication, habilitation, or other treatment necessities and which is not otherwise within the scope of C.R.S. 8.608, as amended, or Developmental Disabilities Services rules and regulations. Neglect also includes failure to provide the person receiving services reasonable protection from harm and willful violation of an individual’s legal rights.
5. Serious Physical Injury is an injury which requires medical attention and could cause
impairment of any bodily part; or determined to have caused or could have caused death. It is any other injury which can reasonably be construed as serious by the person reporting the alleged abuse and neglect.
6. Exploitation means an illegal or improper action affecting a person or use of the person's
resources for another person's profit or advantage. This includes the willful use of funds belonging to a person receiving services for purposes other than the needs of that individual.
7. Mistreatment means an act or omission which threatens the health, safety, or welfare of a
1. Any employee or contract personnel suspecting or witnessing an incident which may be
defined as mistreatment, neglect or physical abuse shall in accordance with state statutes and agency policy:
a) Take immediate action to protect the individual from harm.
b) Assess any injury and take appropriate emergency first aid measures including hospital care.
c) The Director will also immediately notify the Community Center Board and the guardian and/or family of the person receiving services.
d) Complete an Incident/Accident Report, and process the form in accordance with
incident reporting policies. A copy of this incident/accident report shall be maintained in the person’s file.
e) Preserve any evidence.
2. The Director or designated administrator will:
a) Take immediate action to protect the individual from harm. This may
include immediate suspension of the staff member or contract personnel alleged to have mistreated, abused, or neglected a person receiving services pending outcome of the investigation.
b) Ensure that any health or psychological needs resulting from the incident have
been cared for. In the event of physical abuse, neglect or mistreatment, the individual will be examined by a physician immediately depending upon the severity of the injury or physical condition. A report of these findings will be forwarded to the Director of Angel’s Service LLC
c) Notify the family or legal guardian, authorized representative and CCB within 24hrs
d) If a suspected crime has been committed entities such as adult protection, child protection and/or police in the county the suspected crime has been committed will be contacted.
e) Complete a thorough investigation of the alleged incident. The provider and owner shall be responsible for preparing a written report of the results of the investigation within 24 hours of the incident. Any person wishing to contribute information during an investigation may do so by contacting the owner. Such contributions may be made confidentially. Any person who communicates erroneous information shall be subject to disciplinary action. Any person has the right to remain anonymous when contacting the appropriate authority if they so desire.
f) Take appropriate personnel actions as deemed necessary.
Monitoring to detect instances of MANE
1. There shall be at least an annual in-service training session regarding Mistreatment,
Abuse, Neglect and Exploitation. All Staff and contractors will be made aware of state law and agency policy and procedures related to MANE prior to working alone with individuals.
2. Ongoing monitoring of the individuals services will be reviewed at least monthly to ensure customers health and safety is supported.
All allegations of MANE will be investigated by Angel’s Service LLC in a timely manner using the specific investigative procedures and only when investigative procedure are approved by the designated Community Center Board. Angel’s Service LLC will ensure that no individual is coerced, intimidated, threatened or retaliated against because the individual, in good faith, makes a report of suspected MANE or assist or participates in any manner in an investigation of any allegation.
Once becoming aware of an incident, an Incident Report will be written and made available to all appropriate involved parties or designated Administrator and CCB within 24hrs.
An Investigation record will be maintained to include the following
- Incident Report and preliminary results of the investigation
- Summary of the investigative procedure utilized
- Full Investigative findings
- Actions taken
- Human Rights Committee review of the allegation/investigative report and action taken on the recommendation s of the committee.
Angel’s Service LLC will ensure appropriate actions are taken when an allegation against an employee or contractors is substantiated including providing law enforcement will all relevant material. The results of the investigation are to be recorded with the employee or contractor’s knowledge in their employee personnel or contractor’s file.
Relevant need to know information from the State of Colorado:
Published 12/26/2016 by Serena Akinahew