Reporting Suspected Abuse, Neglect or Exploitation
Reporting requirements exist in five Missouri statutes: 198.070
RSMo; 198.090 RSMo; 660.300 RSMo; 660.305 RSMo and 565.188
RSMo.
Requirements are intended to protect adults who demonstrate
a need for protective services or who are suspected to be victims
of abuse or neglect.
The subsequent DHSS investigation is conducted in accordance
with the following statutory guidelines:
-
The identity of a reporter is protected in accordance with
state statutes (660.263 RSMo; 660.300 RSMo; 660.320 RSMo and
198.070 RSMo).
- A reporter is immune from civil or criminal liability for making
a report or testifying pursuant to state mandates (660.300.8
RSMo; 198.070 RSMo and 565.190 RSMo).
- Persons who report (other than the perpetrator) shall be
protected from harassment, dismissal or retaliation when
such report is filed in good faith (660.300 RSMo; 660.305
RSMo and 198.070 RSMo).
- DHSS has legislative responsibility for investigation of all
allegations of abuse and neglect (660.260 RSMo; 660.261 RSMo;
660.300.5 RSMo; 660.305 RSMo and 565.186 RSMo).
- The DHSS worker shall investigate reports of alleged abuse
and neglect in accordance with current division policy. This
investigation will focus on gathering all pertinent information
and will generally include:
- an interview with the reported adult;
- an interview with any relevant witnesses; and
- an interview with the alleged perpetrator.
Anyone can report alleged abuse or neglect in good faith however,
certain professionals are required by law to report suspected
abuse, neglect, or exploitation.
Missouri has several laws, which require certain professionals
to make reports of suspected abuse or neglect.
These laws apply in general to the following fields:
-
social services
- adult care (in the home or in a facility)
- law enforcement
- ministry
- medicine and health care
- state service to seniors
- social workers
- funeral directors
A complete list of Mandated Reporters is found in the ELDER ABUSE
IT IS A CRIME Booklet
The reporter should be prepared to answer the following questions
to the best of their ability...
-
The alleged victim's name, address, telephone number, sex, age
and general condition;
- The alleged abuser's name, sex, age, relationship to victim and
condition;
- The circumstances which lead the reporter to believe that the
older person is being abused, neglected or financially exploited,
with as much specificity as possible;
- Whether the alleged victim is in immediate danger, the best time
to contact the person, if he or she knows of the report, and
if there is any danger to the worker going out to investigate;
- The name, telephone number and profession of the reporter;
- The names of others with information about the situation;
- If the reporter is willing to be contacted again; and,
- Any other relevant information.
Confidentiality
All reports and records of the Elder Abuse and Neglect Program
are subject to strict confidentiality provisions, except as provided
by law or court order.
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