Adopted: August 1979
Revised: December 2025
Download 506.4AR - Reporting Suspected Maltreatment of a Minor or Vulnerable Adult
1. Purpose and Applicability – The purpose of this regulation is to make clear the statutory requirements to report suspected neglect or physical or sexual abuse of a child or vulnerable adults.
1.1 If a suspected victim of maltreatment is under the age of 18, they are considered a minor and Sections 2 – 6 of this regulation should be followed.
1.2 f a suspected victim of maltreatment is a student age 21 or younger and the suspected maltreatment occurred within the school, sections 2-6 of this regulation should be followed and the words “minor” and “child” shall encompass such students.
1.3 If a suspected victim of maltreatment is 18 or older and otherwise meets the definition of a “vulnerable adult,” and the suspected maltreatment occurred outside of school, Sections 7 – 11 should be followed.
2. Responsibility for Reporting: Suspected Maltreatment of Minors – In accordance with Minnesota statutes and District Policy 506, Student Welfare, it is mandatory for school professionals and their delegates to report suspected maltreatment of minors (which includes neglect, or physical or sexual abuse) to the proper authorities when the individual knows or has reason to believe a child is being maltreated or has been maltreated within the past three years (see definitions in section 4). School professionals and their delegates are also required to report if they know or have reason to know of a kidnapping or depriving another of custodial or parental rights.
2.1 For the purpose of this regulation, minor means an individual under the age of 18. School professionals are defined as teachers, nurses, principals, district-level directors, the superintendent, School Board members, psychologists, counselors, coaches, social workers, administrators and anyone who provides direct or indirect educational or childcare services to students.
2.1.1 A mandated reporter shall immediately report the information to the agency responsible for assessing or investigating the report, such as the local welfare agency, police department, county sheriff, tribal social services agency, or tribal police department. In case of suspected maltreatment outside the school setting, the proper authority to contact is most often Child Protection Intake of Dakota County Social Services and/or the local law enforcement agency. In some cases, reports should be made to a county other than Dakota County when the suspected maltreatment occurred outside Dakota County or the person responsible for the child’s care resides outside Dakota County. In other circumstances involving suspected maltreatment in a licensed facility, the proper authority may be the Department of Human Services, Department of Health or other state agency. Child Protection Intake of Dakota County Social Services can provide consultation when the reporter is uncertain of which agency should receive a report. When a child is abandoned or in immediate danger, the local police department should be notified immediately.
2.1.2 In case of suspected maltreatment of a student in school, even when the student is age 18-21, the proper authority to contact is the Division of Compliance and Assistance of the Minnesota Department of Education (MDE). Child maltreatment reports to MDE are those reports that allege maltreatment of children by persons responsible for a child’s care in school as defined in Minnesota Chapter 260E, including, but not limited to, teachers, administrators, coaches, counselors, paraprofessionals and bus drivers.
3. Immunity and Liability: Suspected Maltreatment of Minors
3.1 Any person who reports suspected maltreatment of a minor in good faith to the proper authorities has immunity from any civil or criminal liability that otherwise might result by reason of his or her action and may not be subject to retaliation.
3.2 Any district professional who permits access by the local social services agency, law enforcement agency or the Minnesota Department of Education to the schools and who assists in good faith in an investigation (see section 5 below) has immunity from any civil or criminal liability that otherwise might result by reason of his or her action.
3.3 An employer of a mandated reporter shall not retaliate against the person for reporting in good faith maltreatment against a child with respect to whom a report is made, because of the report.
3.4 There may be legal consequences for the failure to make a report or for providing false information in a report.
3.4.1. A mandated reporter who fails to report may be subject to criminal penalties.
3.4.2. Any person who knowingly or recklessly makes a false report may be liable in a civil suit for actual and punitive damages, plus costs and reasonable attorney fees.
3.4.3 A mandated reporter who knows or has reason to believe that two or more children not related to the perpetrator have been maltreated by the same perpetrator within the preceding 10 years, and who fails to report may be guilty of a gross misdemeanor.
3.4.4 A violation of this regulation or the law may be grounds for employee discipline.
4. Definitions: Suspected Maltreatment of Minors
4.1 “Accidental” means a sudden, not reasonably foreseeable, and unexpected occurrence or event that:
4.1.1 is not likely to occur and could not have been prevented by the exercise of due care; and
4.1.2 if occurring while a child is receiving services from a facility, happens when the facility and the employee or person providing services in the facility are in compliance with the laws and rules relevant to the occurrence of event.
4.2 “Child” means one under age 18 and, for purposes of Minnesota Statutes, chapter 260C (Juvenile Safety and Placement) and Minnesota Statutes, chapter 260D (Child in Voluntary Foster Care for Treatment), includes an individual under age 21 who is in foster care pursuant to Minnesota Statutes, chapter 260C.451 (Foster Care Benefits Past Age 18). For purposes of reporting to MDE, it shall also include a student age 18 and older in circumstances in which the suspected maltreatment occurred within the school.
4.3 “Immediately” means as soon as possible, but in no event longer than 24 hours.
4.4 “Mandated reporter” means any school personnel who knows or has reason to believe a child is being maltreated or has been maltreated within the preceding three years.
4.5 “Mental injury” means an injury to the psychological capacity or emotional stability of a child as evidenced by an observable or substantial impairment in the child’s ability to function within a normal range of performance and behavior with due regard to the child’s culture.
4.6 “Neglect” means the commission or omission of any of the acts specified below, other than by accidental means:
4.6.1 failure by a person responsible for a child’s care to supply a child with necessary food, clothing, shelter, health care, medical, or other care required for the child’s physical or mental health when reasonably able to do so;
4.6.2 failure to protect a child from conditions or actions that seriously endanger the child’s physical or mental health when reasonably able to do so, including a growth delay, which may be referred to as a failure to thrive, that has been diagnosed by a physician and is due to parental neglect;
4.6.3 failure to provide for necessary supervision or child care arrangements appropriate for a child after considering factors as the child’s age, mental ability, physical condition, length of absence, or environment, when the child is unable to care for the child’s own basic needs or safety, or the basic needs or safety of another child in his or her care;
4.6.4 failure to ensure that a child is educated in accordance with state law, which does not include a parent’s refusal to provide his or her child with sympathomimetic medications;
4.6.5 prenatal exposure to a controlled substance as defined in state law used by the mother for a nonmedical purpose, as evidenced by withdrawal symptoms in the child at birth, results of a toxicology test performed on the mother at delivery or the child’s birth, medical effects or developmental delays during the child’s first year of life that medically indicate prenatal exposure to a controlled substance, or the presence of a fetal alcohol spectrum disorder;
4.6.6 medical neglect as defined by Minnesota Statutes, section 260C.007, subdivision 6, clause (5);
4.6.7 chronic and severe use of alcohol or a controlled substance by a person responsible for the care of the child that adversely affects the child’s basic needs and safety; or
4.6.8 emotional harm from a pattern of behavior that contributes to impaired emotional functioning of the child, which may be demonstrated by a substantial and observable effect in the child’s behavior, emotional response, or cognition that is not within the normal range for the child’s age and stage of development, with due regard to the child’s culture.
Neglect does not occur solely because the child’s parent, guardian, or other person responsible for the child’s care in good faith selects and depends upon spiritual means or prayer for treatment or care of disease or remedial care of the child in lieu of medical care.
4.7 “Nonmaltreatment mistake” occurs when: (1) at the time of the incident, the individual was performing duties identified in the center’s child care program plan required under Minnesota Rules, part 9503.0045; (2) the individual has not been determined responsible for a similar incident that resulted in a finding of maltreatment for at least seven years; (3) the individual has not been determined to have committed a similar nonmaltreatment mistake under this paragraph for at least four years; (4) any injury to a child resulting from the incident, if treated, is treated only with remedies that are available over the counter, whether ordered by a medical professional or not; and (5) except for the period when the incident occurred, the facility and the individual providing services were both in compliance with all licensing requirements relevant to the incident. This definition only applies to child care centers licensed under Minnesota Rules, chapter 9503.
4.8 “Person responsible for the child’s care” means (1) an individual functioning within the family unit and having responsibilities for the care of the child such as a parent, guardian, or other person having similar care responsibilities, or (2) an individual functioning outside the family unit and having responsibilities for the care of the child such as a teacher, school administrator, other school employee or agent, or other lawful custodian of a child having either full-time or short-term care responsibilities including, but not limited to, day care, babysitting whether paid or unpaid, counseling, teaching, and coaching.
4.9 “Physical abuse” means any physical injury, mental injury (under subdivision 13), or threatened injury (under subdivision 23), inflicted by a person responsible for the child’s care on a child other than by accidental means; or any physical or mental injury that cannot reasonably be explained by the child’s history of injuries, or any aversive or deprivation procedures, or regulated interventions, that have not been authorized by Minnesota Statutes, section 125A.0942 or 245.825.
Abuse does not include reasonable and moderate physical discipline of a child administered by a parent or legal guardian that does not result in an injury. Abuse does not include the use of reasonable force by a teacher, principal, or school employee as allowed by Minnesota Statutes, section 121A.582.
Actions that are not reasonable and moderate include, but are not limited to, any of the following: (1) throwing, kicking, burning, biting, or cutting a child; (2) striking a child with a closed fist; (3) shaking a child under age three; (4) striking or other actions that result in any nonaccidental injury to a child under 18 months of age; (5) unreasonable interference with a child’s breathing; (6) threatening a child with a weapon, as defined in Minnesota Statutes, section 609.02, subdivision 6; (7) striking a child under age one on the face or head; (8) striking a child who is at least age one but under age four on the face or head, which results in an injury; (9) purposely giving a child poison, alcohol, or dangerous, harmful, or controlled substances that were not prescribed for the child by a practitioner, in order to control or punish the child, or other substances that substantially affect the child’s behavior, motor coordination, or judgment, or that result in sickness or internal injury, or that subject the child to medical procedures that would be unnecessary if the child were not exposed to the substances; (10) unreasonable physical confinement or restraint not permitted under Minnesota Statutes, section 609.379, including, but not limited to, tying, caging, or chaining; or (11) in a school facility or school zone, an act by a person responsible for the child’s care that is a violation under Minnesota Statutes, section 121A.58.
4.10 “Report” means any communication received by the local welfare agency, police department, county sheriff, or agency responsible for child protection pursuant to this section that describes maltreatment of a child and contains sufficient content to identify the child and any person believed to be responsible for the maltreatment, if known.
4.11 “School personnel” means professional employee or professional’s delegate of the school district who provides health, educational, social, psychological, law enforcement, or child care services.
4.12 “Sexual abuse” means the subjection of a child by a person responsible for the child’s care, by a person who has a significant relationship to the child (as defined in Minnesota Statutes, section 609.341, subdivision 15), or by a person in a current or recent position of authority (as defined in Minnesota Statutes, section 609.341, subdivision 10) to any act which constitutes a violation of Minnesota statutes prohibiting criminal sexual conduct. Such acts include sexual penetration, sexual contact, solicitation of children to engage in sexual conduct, and communication of sexually explicit materials to children. Sexual abuse also includes any act involving a minor that constitutes a violation of Minnesota statutes prohibiting prostitution or use of a minor in a sexual performance. Sexual abuse includes all reports of known or suspected child sex trafficking involving a child who is identified as a victim of sex trafficking. Sexual abuse includes threatened sexual abuse which includes the status of a parent or household member who has committed a violation that requires registration under Minnesota Statutes, section 243.166, subdivision 1b(a) or (b).
4.13 “Threatened injury” means a statement, overt act, condition, or status that represents a substantial risk of physical or sexual abuse or mental injury. Threatened injury includes, but is not limited to, exposing a child to a person responsible for the child’s care who has (1) subjected the child to, or failed to protect a child from, an overt act or condition that constitutes egregious harm under Minnesota Statutes, section 260E.03, subdivision 5, or a similar law of another jurisdiction; (2) been found to be palpably unfit under Minnesota Statutes, section 260C.301, subdivision 1, paragraph (b), clause 3, or a similar law of another jurisdiction; (3) committed an act that resulted in an involuntary termination of parental rights under Minnesota Statutes, section 260C.301, or a similar law of another jurisdiction; or (4) or committed an act that resulted in the involuntary transfer of permanent legal and physical custody of a child to a relative or parent under Minnesota Statutes, section 260C.515, subdivision 4, or a similar law of another jurisdiction.
5. Reporting Process: Suspected Maltreatment of Minors – School personnel who know or have reason to believe a child is being maltreated, or has been maltreated in the preceding three years, or is the victim of kidnapping or deprivation of custodial or parental rights should report the situation to the principal of the school or, if applicable, the administrator of the program, in which the child is enrolled (“the relevant administrator”) and must call the proper authorities immediately and make a written report within 72 hours. The relevant administrator may assist with the fulfillment of all reporting obligations. Consulting with or reporting suspected maltreatment to a supervisor or administrator does not relieve a staff member of the obligation to report suspected maltreatment to appropriate authorities when warranted.
The role of school personnel is to report suspected maltreatment, not to conduct an investigation to confirm or disprove the maltreatment. An exception to the general principle that the school district does not conduct a maltreatment investigation is when the suspected maltreatment occurred within the school, in which case the matter shall also be referred to the District 196 human resources department for internal investigation.
5.1 In the case of suspected maltreatment occurring outside of school, the proper authority to contact is described in section 2.1.1 above. In most cases the proper authority will be the Child Protection Intake of Dakota County Social Services and/or the local law enforcement agency.
5.2 In the case of suspected maltreatment occurring within the school to students through age 21, the proper authority to contact is the Student Maltreatment Program at the Minnesota Department of Education. Regardless of whether a report is made, as soon as practicable after a school receives information regarding an incident that may constitute maltreatment of a child in a school facility, the school shall inform the parent, legal guardian, or custodian of the child that an incident has occurred that may constitute maltreatment of the child, when the incident occurred and the nature of the conduct that may constitute maltreatment. The relevant school administrator will report the matter to their director and the director of human resources.
5.3 With the exception of a health care professional or a social service professional who is providing the woman with prenatal care or other health care services, a mandated reporter shall immediately report to the local welfare agency if the person knows or has reason to believe that a woman is pregnant and has used a controlled substance for a nonmedical purpose during the pregnancy, including, but not limited to, tetrahydrocannabinol, or has consumed alcoholic beverages during the pregnancy in any way that is habitual or excessive.
5.4 In case of suspected kidnapping or depriving another of custodial or parental rights, the proper authority to contact is the local police department or the county sheriff.
5.5 When a school employee knows or has reason to believe a child has died as a result of maltreatment, the employee shall report that information to the appropriate medical examiner or coroner instead of the local welfare agency, police department or county sheriff.
5.6 The school employee reporting the suspected maltreatment must follow the oral report with a written report. The report must be submitted to the proper authorities on Procedure 506.4.1P, Suspected Child Maltreatment Reporting Form – Dakota County or 506.4.2P, Maltreatment of Students Reporting Form – MDE, no more than 72 hours (exclusive of weekends and holidays) after the oral report. Other report forms may be used if reporting to a different agency responsible for receiving the report. The relevant administrator may assist with the completion of the written report.
5.6.1 Procedure 506.4.1P, Suspected Child Maltreatment Reporting Form - Dakota County, should be FAXED or mailed to Dakota County Children and Family Intake, 14955 Galaxie Avenue, Apple Valley, MN 55124, FAX: 952-891-7192, phone 952-891-7549 OR to the local law enforcement agency. In some circumstances, reports should be filed with other agencies (see section 2.1.1 above). Copies should be included in the school’s Confidential File, Suspected Maltreatment of a Minor.
5.6.2 Procedure 506.4.2P, Maltreatment of Students Reporting Form – MDE, should be emailed or faxed to the Minnesota Department of Education, Student Maltreatment Program, mde.student-maltreatment@state.mn.us , FAX: 651-797-1601. MDE’s 24-hour reporting line: is 651-582-8546. Copies should be included in the school’s Confidential File, Suspected Maltreatment of a Minor and provided to the Director of Human Resources.
5.6.3 Any report shall be of sufficient content to identify the child, any person believed to be responsible for the maltreatment of the child if the person is known, the nature and extent of the maltreatment, and the name and address of the reporter.
5.6.4 All records regarding a report of maltreatment, including any notice of intent to interview, shall be maintained in a confidential building file and retained as required by Minnesota Statute § 260E.35, subd. 6.
6. Interview with Students and Employees by Agency Officials: Suspected Maltreatment of Minors
6.1 Each local social services agency, law enforcement agency or other agency responsible for assessing or investigating a report has specific statutory authority to interview at school, without parental consent, the alleged victim and any other minors who currently reside with or who have resided with the alleged perpetrator, as well as any other person with knowledge of the maltreatment, for the purpose of gathering facts, assessing safety and risk to the child, and formulating a plan.
6.1.1 When the local social services agency, law enforcement agency or other agency responsible for assessing or investigating a report determines that an interview of the child should take place on school property, written notification must be received by school officials before the interview.
6.1.1.1 Such notification shall include the name of the child to be interviewed, the purpose of the interview, and a reference to the statutory authority to conduct an interview on school property.
6.1.1.2 If the interview is to be conducted by the local social services agency, the notification shall be signed by the chair of the agency or his or her designee.
6.1.2 Except when the alleged offender is believed to be a school official or employee, the time, place and manner of the interview on school premises shall be within the discretion of the school administrator, but any such conditions must be reasonable and the interview must be conducted not more than 24 hours after receipt of the notification unless another time is agreed to between district officials and the local social services agency, law enforcement agency or other agency responsible for assessing or investigating a report. The local welfare agency, law enforcement agency or other agency responsible for assessing or investigating a report shall have the exclusive authority to determine who may attend the interview. Every effort shall be made to reduce disruption of the child's educational program, other students and school staff when an interview is conducted on school premises.
6.1.3 School officials may not disclose to the child's parent, legal custodian or guardian the contents of the interview notification or any other related information regarding the interview until notified in writing by the local social services agency, law enforcement agency or other agency responsible for assessing or investigating a report that the investigation or assessment has been concluded unless a school employee or agent is alleged to have maltreated the child. Until that time, the local welfare agency, local law enforcement agency, or the agency responsible for assessing or investigating a report of maltreatment shall be solely responsible for any disclosure regarding the nature of the assessment or investigation.
6.2 The Minnesota Department of Education, or a local welfare agency to which MDE has designated the authority to assess or investigate a report, has specific statutory authority to interview any children who are or have been in the care of a facility under investigation and their parents, guardians or legal custodians.
6.2.1 Prior to any interview, the commissioner of the agency shall notify the parent, guardian or legal custodian of a child who will be interviewed, as specified in state statute.
6.2.2 If reasonable efforts to reach the parent, guardian or legal custodian of a child in an out-of-home placement have failed, the child may be interviewed if there is reason to believe the interview is necessary to protect the child or other children in the facility. Information must then be provided by the agency to the parent, guardian or legal custodian as soon as possible after the interview.
6.2.3 MDE will contact school administrators before visiting a school, and will carry an identification card to show their affiliation with MDE.
6.2.4 Where the alleged offender is believed to be a school official or employee, the school district shall conduct its own investigation independent of MDE and, if involved, the local welfare or law enforcement agency.
6.2.5 Upon request by MDE, the school district shall provide all requested data that are relevant to a report of maltreatment and are in the possession of a school facility, pursuant to an assessment or investigation of a maltreatment report of a student in school. The school district shall provide the requested data in accordance with the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, chapter 13, and the Family Educational Rights and Privacy Act, 20 United States Code, section 1232g.
6.3 Interviews with students during school hours by agency officials must follow these guidelines:
6.3.1 Investigating officers must remain in the administration office or other location identified by the relevant administrator;
6.3.2 The educational program of the student must not be disrupted by calling him or her out of class or making him or her miss class, unless such an interruption is unavoidable;
6.3.3 The interview must be conducted in a private room or area where privacy can be maintained;
6.3.4 The investigating agency shall determine the people who may attend the interview, and
6.3.5 District personnel should not guide or interfere with the investigative process.
6.4 Interviews with district employees may take place at the request of the investigating agency.
6.4.1 A school employee is entitled to have his or her legal counsel present when meeting with a MDE investigator. The legal counsel must personally represent the employee. The school district’s attorney is not permitted to attend an investigative interview on behalf of a school employee.
6.4.2 The school district may in its sole discretion provide a personal attorney for the employee, so long as that attorney does not also represent the school district. The employee’s union may also provide a personal legal counsel to represent the employee in the interview. The union steward or similar union official does not have a right to be present because the MDE investigators are not representing the employer.
7. Responsibility for Reporting: Suspected Maltreatment of Vulnerable Adults – In accordance with Minnesota statutes and District Policy 506, Student Welfare, it is mandatory for school professionals (as defined in Section 2.1 of this Regulation) and their delegates to report suspected maltreatment of vulnerable adults (abuse, neglect or financial exploitation) to the proper authorities when the individual knows or has reason to believe that a vulnerable adult is being or has been maltreated, or has knowledge that a vulnerable adult has sustained a physical injury which is not reasonably explained.
8. Immunity and Liability: Suspected Maltreatment of Vulnerable Adults
8.1 Any person who reports suspected maltreatment of a vulnerable adult in good faith to the proper authorities has immunity from any civil or criminal liability that otherwise might result by reason of his or her action and may not be subject to retaliation.
8.2 Additionally, a person who knows or has reason to know a report has been made and who participates in good faith in an investigation of alleged maltreatment is immune from civil or criminal liability that otherwise might result from his or her action.
8.3 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.
8.4 There may be legal consequences for the failure to make a report, or for providing false information or withholding material information in a report.
8.4.1 A mandated reporter who intentionally fails to report may be guilty of a misdemeanor. In addition, a mandated reporter who negligently or intentionally fails to report may be liable for any damages caused by the failure.
8.4.2 A mandated reporter who knowingly provides false or misleading information, or who intentionally fails to provide all the material circumstances known to the reporter, may be guilty of a misdemeanor.
8.4.3 Any person who intentionally makes a false report shall be liable in a civil suit for any actual damages set by the court or jury.
8.4.4 A violation of this regulation or the law may be grounds for employee discipline.
9. Definitions: Suspected Maltreatment of Vulnerable Adults
9.1 “Abuse” means:
9.1.1 An act against a vulnerable adult that constitutes a violation of, an attempt to violate, or aiding and abetting a violation of:
9.1.1.1 Assault in the first through fifth degrees as defined in Minnesota Statutes §§ 609.221 to 609.224;
9.1.1.2 The use of drugs to injure or facilitate crime as defined in Minnesota Statute § 609.235;
9.1.1.3 The solicitation, inducement, and promotion of prostitution as defined in Minnesota Statute § 609.322; and
9.1.1.4 Criminal sexual conduct in the first through fifth degrees as defined in Minnesota Statutes §§ 609.342 to 609.3451.
9.1.2 Conduct which is not an accident or therapeutic conduct as defined in Minnesota Statute § 626.5572, which produces or could reasonably be expected to produce physical pain or injury or emotional distress including, but not limited to, the following:
9.1.2.1 Hitting, slapping, kicking, pinching, biting, or corporal punishment of a vulnerable adult;
9.1.2.2 Use of repeated or malicious oral, written, or gestured language toward a vulnerable adult or the treatment of a vulnerable adult which would be considered by a reasonable person to be disparaging, derogatory, humiliating, harassing, or threatening;
9.1.2.3 Use of any aversive or deprivation procedure, unreasonable confinement, or involuntary seclusion, including the forced separation of the vulnerable adult from other persons against the will of the vulnerable adult or the legal representative of the vulnerable adult; and
9.1.2.4 Use of any aversive or deprivation procedures for persons with developmental disabilities or related conditions not authorized under Minnesota Statute § 245.825.
9.1.3 Any sexual contact or penetration as defined in Minnesota Statute § 609.341, between a facility staff person or a person providing services in the facility and a resident, patient, or client of that facility.
9.1.4 The act of forcing, compelling, coercing, or enticing a vulnerable adult against the vulnerable adult's will to perform services for the advantage of another.
9.1.5 Abuse does not include actions specially excluded by Minnesota Statue § 626.5572, subd. 2.
9.2 “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.
9.3 “Common entry point” means the entity responsible for receiving reports of alleged or suspected maltreatment of a vulnerable adult and designated by the Commissioner of the Minnesota Department of Human Services as the MN Adult Abuse Reporting Center (MAARC).
9.4 “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.
9.5 ”Immediately” means as soon as possible, but no longer than 24 hours from the time initial knowledge that the incident occurred has been received.
9.6 ”Maltreatment” means abuse, neglect, or financial exploitation of a vulnerable adult.
9.7 ”Neglect” means:
9.7.1 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:
9.7.1.1 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.
9.7.2 The absence or likelihood of absence of care or services, including but not limited to, food, clothing, shelter, health care, or supervision necessary to maintain the physical and mental health of the vulnerable adult which a reasonable person would deem essential to obtain or maintain the vulnerable adult's health, safety, or comfort considering the physical or mental capacity or dysfunction of the vulnerable adult.
9.7.3 Abuse does not include actions specially excluded by Minnesota Statue § 626.5572, subd. 17.
9.8 ”Report” means a statement concerning all the circumstances surrounding the alleged or suspected maltreatment, as defined in this section, of a vulnerable adult which are known to the reporter at the time the statement is made.
9.9 ”Vulnerable adult” means any person 18 years of age or older who:
9.9.1 Is a resident or inpatient of a “facility,” as that word is defined in Minnesota Statute § 626.5572;
9.9.2 Receives services required to be licensed under Minnesota Chapter 245A, except that a person receiving outpatient services for treatment of chemical dependency or mental illness, or one who is served in the Minnesota sex offender program on a court-hold order for commitment, or is committed as a sexual psychopathic personality or as a sexually dangerous person under Minnesota Chapter 253B, is not considered a vulnerable adult unless the person meets the requirements of Section 9.7.1.4;
9.9.3 Receives services from a home care provider required to be licensed under Minnesota Statutes §§ 144A.43 to 144A.482; or from a person or organization that offers, provides, or arranges for personal care assistance services under the medical assistance program as authorized under Minnesota Statutes §§ 256B.0625, subdivision 19a, 256B.0651, 256B.0653, 256B.0654, 256B.0659, or 256B.85; or
9.9.4 Regardless of residence or whether any type of service is received, possesses a physical or mental infirmity or other physical, mental, or emotional dysfunction that impairs the individual's ability to provide adequately for the individual's own care without assistance, including the provision of food, shelter, clothing, health care, or supervision; and because of the dysfunction or infirmity and the need for care or services, the individual has an impaired ability to protect the individual's self from maltreatment.
10. Reporting Process: Suspected Maltreatment of Vulnerable Adults - School personnel who have reason to believe that a vulnerable adult is being or has been maltreated, or who have knowledge that a vulnerable adult has sustained a physical injury which is not reasonably explained shall report the situation to the principal of the school or, if applicable, the administrator of the program, in which the vulnerable adult is enrolled (the “relevant administrator”) and shall immediately report the suspected maltreatment to the common entry point responsible for receiving reports. Procedure 506.4.3P, Vulnerable Adult Maltreatment Report provides instructions for making a report. Law enforcement should be contacted immediately in the event of an emergency.
10.1 The relevant administrator may assist with the fulfillment of all reporting obligations. Consulting with or reporting suspected maltreatment to a supervisor or administrator does not relieve a staff member of the obligation to report suspected maltreatment to appropriate authorities when warranted.
10.2 To the extent possible, the report must be of sufficient content to identify the vulnerable adult, the caregiver, the nature and extent of the suspected maltreatment, any evidence of previous maltreatment, the name and address of the reporter, the time, date, and location of the incident, and any other information that the reporter believes might be helpful in investigating the suspected maltreatment.
11. Interviews with Students and Employees by Agency Officials: Suspected Maltreatment of Vulnerable Adults
11.1 If the agency investigating suspected maltreatment determines that an interview should take place on school property, written notification must be received by school officials before the interview. The notification shall name the person to be interviewed, the purpose of the interview and reference the legal authority to conduct an interview on school property.
11.2 Information about the investigation shall not be disclosed by staff except as permitted by law.
11.3 The time, place and manner of an interview on school premises shall be within the discretion of school administration, but any such conditions must be reasonable. When an interview is conducted on school premises, every effort shall be made to reduce disruption to the student’s educational program, other students and school staff.
11.4 The interview guidelines set forth in Sections 6.3 and 6.4 shall apply to interviews conducted for the purposes of investigating suspected maltreatment of a vulnerable adult.
12. Physical or Sexual Abuse as Sexual Harassment or Violence - Under certain circumstances, alleged physical or sexual abuse may also be sexual harassment or violence under Minnesota law. If so, the duties relating to the reporting and investigation of such harassment or violence may be applicable.
13. Dissemination of Regulation and Training – This regulation will be shared with school personnel on an annual basis and shall be reviewed annually for compliance with state law.
References:
- Minnesota Chapter 260E, Reporting of maltreatment of minors
- Minnesota Statute 626.557, Reporting of maltreatment of vulnerable adults
- Minnesota Statute 626.5572, Definitions
- MSBA /MASA Model Policy 414, Mandated Reporting of Child Neglect or Physical or Sexual Abuse
- MSBA /MASA Model Policy 415, Mandated Reporting of Maltreatment of Vulnerable Adults