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Mandated Reporting of Maltreatment
Mandated Reporting of Maltreatment of Vulnerable Adults
Home care providers are required to comply with all requirements for reporting maltreatment under the Vulnerable Adults Act and the Maltreatment of Minors Act. (See Minnesota Statutes, section 144A.479, subdivision 6).
The home care bill of rights provides that clients have the right to “be free from physical and verbal abuse, neglect, financial exploitation, and all forms of maltreatment covered under the Vulnerable Adults Act and the Maltreatment of Minors Act.” (Minnesota Statutes, section 144A.44).
For clients who are age 18 or older, maltreatment is defined by the Vulnerable Adults Act to include abuse, neglect, or financial exploitation. All adult clients are considered vulnerable adults for purposes of the reporting requirement.
Abuse: abuse includes physical abuse; sexual abuse; use of malicious language; treatment of a vulnerable adult that is humiliating, harassing, or threatening; and unreasonable confinement. See Minnesota Statatutes, section 626.5572, subdivision 2 for the full definition.
Neglect: caregiver neglect means the failure or omission by a caregiver to supply a vulnerable adult with care or services, including but not limited to, food, clothing, shelter, health care, or supervision which is:
- reasonable and necessary to obtain or maintain the vulnerable adult's physical or mental health or safety, considering the physical and mental capacity or dysfunction of the vulnerable adult; and
- which is not the result of an accident or therapeutic conduct.
See Minnesota Statute, section 626.5572, subdivision 17 for the full definition.
Financial Exploitation: financial exploitation includes “willfully uses, withholds, or disposes of funds or property of a vulnerable adult” without legal authority to do so, or “acquires possession or control of, or an interest in, funds or property of a vulnerable adult through the use of undue influence, harassment, duress, deception, or fraud,” among other things. Examples include theft of money or property, exploitative or fraudulent transactions, and drug diversion. See Minnesota Statutes, section 626.5572, subdivision 9 for the full definition.
You must report to the Minnesota Adult Abuse Reporting Center (MAARC) for any adult client if:
- You have reason to believe they are being or have been maltreated.
- They have experienced a physical injury which is not reasonably explained.
- Verbal or physical aggression between clients has caused serious harm.
Complaints can be reported to the Minnesota Adult Abuse Reporting Center (MAARC) by calling (844) 880-1574 (toll free). You can find more information at their website here:
Mandated Reporting of Maltreatment of Minors
For clients under the age of 18, maltreatment is defined by the Maltreatment of Minors Act. This includes egregious harm, neglect, physical abuse, sexual abuse, substantiated child endangerment, threatened injury, and mental injury, as each of those are defined in Minnesota Statutes, section 260E.03. If you have any clients who are under 18, it is important to review these definitions.
For any client under the age of 18, you must report to the county child protection number for the county where the incident occurred. MAARC does not take reports for those under the age of 18. You can locate contact information for child protection authorities at:
Minnesota Statutes Chapter 260E Reporting of Maltreatment of Minors
Mandated Reporters
Mandated reporters may use the online reporting system or call the MAARC toll free number above. Follow the link below to report online.
Online Reporting System (for mandated reporters)
Office of Health Facility Complaints
The Office of Health Facility Complaints in the Health Regulation Division of the Minnesota Department of Health investigates complaints against licensed home care providers. You may also contact the Office of Health Facility Complaints with your concerns.