Abuse Reporting/Documentation

POLICY: All persons performing professional or official duties at the Company have a duty to report:

• a child's need for protection (abuse, abandonment, or neglect) in compliance with Chapter 39, Florida Statutes; and
• the abuse, neglect, exploitation, or self-neglect of a vulnerable adult in compliance with Chapter 415, Florida Statutes (the Adult Protective Services Act).

Where there are reasonable grounds to suspect that a child or vulnerable adult is being abused, abandoned, neglected, or exploited (see Definitions Section for the full statutory terms), the person must immediately report the suspicion and the information on which the concern is based to the Florida Abuse Hotline. The Florida Abuse Hotline receives reports for both children and vulnerable adults:

• Phone: 1-800-96-ABUSE (1-800-962-2873), available 24 hours a day.
• Online: reportabuse.dcf.state.fl.us
• Fax: 1-800-914-0004
• TTY: 1-800-453-5145

In cases where there is doubt or ambiguity, the Florida Abuse Hotline should be consulted. The duty to report is a personal duty and cannot be delegated to another. A supervisor or director cannot report on behalf of an employee; the employee must make the report directly.

The duty to report takes precedence over all Company policies. The professional's duty to report overrides the provisions of any other Florida Statute that would otherwise prohibit disclosure by the professional, including those abrogations of privileged communications set out at § 39.204, Fla. Stat. (children) and § 415.1036, Fla. Stat. (vulnerable adults). The only privilege not subject to reporting is that between an attorney and client.

SCOPE: All Company employees, contractors, students, and interns are covered by this policy. The duty applies whether the suspected abuse involves a Company client or any other person the employee observes in the course of their work.

LIMITATIONS:

The duty to report is a personal duty and cannot be delegated. A supervisor or director cannot make the report on behalf of an employee; the employee must make the report directly. Reporting in good faith provides immunity from civil or criminal liability under §§ 39.203 and 415.1036, Fla. Stat.

PROCEDURES:

Informing the Client about the Limits of Confidentiality and the Duty to Report

1. All clients (and the parents or guardians of minor clients) must be informed of the limits of confidentiality and the legal requirement to report suspected abuse, neglect, abandonment, or exploitation at intake.
2. At the first face-to-face appointment, employees will remind the client, parent, or guardian of the limits of confidentiality and the duty to report.
3. The client, parent, or guardian must sign a form acknowledging that they have been informed of these limits.
4. For clients who are served only by phone, employees will verbally explain the limits of confidentiality and write a note in the client record indicating that this has been discussed.

Acting on a Suspicion of Abuse, Neglect, Abandonment, or Exploitation

1. When abuse, neglect, abandonment, or exploitation is suspected, determine from the client record whether there have been prior consultations with the Florida Abuse Hotline or the Florida Department of Children and Families (DCF).
   1. If yes (prior consultations exist, or DCF has given directions not to inform individuals), any previous direction from DCF must be followed.
   2. If not, proceed to the next step.
2. All personnel are encouraged to discuss the situation with their supervisor to determine the best way to proceed (for example, whether to inform the service user prior to making the call to the Florida Abuse Hotline). The discussion with the supervisor does not replace, delay, or substitute for the employee's personal duty to report.
3. Every reasonable effort will be made to first inform the service user (child, vulnerable adult, parent, or guardian, as appropriate) in a sensitive manner of the intention to report before contacting the Florida Abuse Hotline.
4. When the suspected victim is a child, the adult in charge of the child may be given the option of making the first contact with the Florida Abuse Hotline. However, the adult should not be encouraged to make the first contact if doing so may put the child at greater risk, may prejudice the investigation, or if DCF has directed that a particular person not be informed. The fact that a parent or guardian reports the abuse does not relieve the staff person of the personal duty to report.
5. When the suspected victim is a vulnerable adult, the employee will weigh the adult's capacity to participate in the decision to report. If the vulnerable adult has decision-making capacity and there is no risk that informing them will increase danger or compromise the investigation, the employee will inform the adult of the intent to report.
6. Document the conversation about the intent to report in the service user's file.

Incident Documentation

The person reporting to the Florida Abuse Hotline must document the following information in the client record:

• Date and time of the report.
• Name of the person making the report and their relationship to the suspected victim.
• Name and telephone number of the Florida Abuse Hotline counselor or DCF staff person who received the report.
• Name, age, and (if known) religion of the suspected victim. For a vulnerable adult, also note the basis for vulnerability (for example, age, developmental disability, or other impairment).
• Nature and known details of the suspected abuse, neglect, abandonment, or exploitation.
• Name or identity of the alleged abuser, if known.
• Content and outcome of any discussion with the service user, parent, or guardian.
• DCF response and follow-up to the report.
• Revised service plan, if any.
• Any further follow-up or contact with DCF.

For incidents that also rise to the level of a Company-reportable event (for example, occurring during a session or involving a Company employee), the employee must also complete an Incident Report Form (Appendix 22). The Incident Report is internal and does not replace the legally required report to the Florida Abuse Hotline.