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Mandatory Reporter Training TopicsSome sections of the Mandatory Report Training have exercises for you to test what you have learned. After you have selected your answer,. simply click on the link. The link will take you to the answer for that section. Following the answer is a link that returns you to the next section. Washington State Law   Vulnerable Adult   Vulnerable Adult Mistreatments  Physical Abuse  Sexual Abuse  Mental Abuse Abandonment  Neglect  Self-Neglect  Financial Exploitation   Mandatory and Permissive Reporters  Immunity  Failure to Report  Confidentiality of Reporter  When to Report  What Information to Give When Making a Report   Who to Call   Reporting Child Abuse and Neglect  What to Expect from APS  A Community Partnership   Test Your Knowledge! 

Types and Signs of Abuse It has been estimated that roughly two-thirds of those harming a vulnerable adult are family members, most often the victim’s adult child or spouse. Research has shown that in most instances the abuser is financially dependent on the vulnerable adult’s resources and have problems related to alcohol and drugs. Learn more about risk factors for abuse. Stay alert to the different types of abuse

The word abuse covers many different ways someone may harm a vulnerable adult

Physical abuse is intentional bodily injury. Some examples include slapping, pinching, choking, kicking, shoving, or inappropriately using drugs or physical restraints. Signs of physical abuse.

Sexual abuse is nonconsensual sexual contact (any unwanted sexual contact). Examples include unwanted touching, rape, sodomy, coerced nudity, sexual explicit photographing. Signs of sexual abuse.

Mental mistreatment or emotional abuse is deliberately causing mental or emotional pain. Examples include intimidation, coercion, ridiculing, harassment, treating an adult like a child, isolating an adult from family, friends, or regular activity, use of silence to control behavior, and yelling or swearing which results in mental distress. Signs of emotional abuse.

Exploitation occurs when a vulnerable adult or his/her resources or income are illegally or improperly used for another person's profit or gain. Examples include illegally withdrawing money out of another person’s account, forging checks, or stealing things out of the vulnerably adult’s house. Signs of exploitation.

Neglect occurs when a person, either through his/her action or inaction, deprives a vulnerable adult of the care necessary to maintain the vulnerable adult’s physical or mental health. Examples include not providing basic items such as food, water, clothing, a safe place to live, medicine, or health care. Signs of neglect...

Self-neglect occurs when a vulnerable adult fails to provide adequately for themselves and jeopardizes his/her well-being. Examples include a vulnerable adult living in hazardous, unsafe, or unsanitary living conditions or not having enough food or water . Signs of self-neglect.

Abandonment occurs when a vulnerable adult is left without the ability to obtain necessary food, clothing, shelter or health care. Examples include deserting a vulnerable adult in a public place or leaving a vulnerable adult at home without the means of getting basic life necessities. Signs of abandonment.Signs of physical abuse bruises, black eyes, welts, lacerations, and rope marks broken bones open wounds, cuts, punctures, untreated injuries in various stages of healing broken eyeglasses/frames, or any physical signs of being punished or restrained laboratory findings of either an overdose or under dose medications individual's report being hit, slapped, kicked, or mistreated vulnerable adult's sudden change in behavior the caregiver's refusal to allow visitors to see a vulnerable adult alone Signs of sexual abuse bruises around the breasts or genital area unexplained venereal disease or genital infections unexplained vaginal or anal bleeding torn, stained, or bloody underclothing an individual's report of being sexually assaulted or raped Signs of mental mistreatment/emotional abuse being emotionally upset or agitated being extremely withdrawn and non communicative or non responsive unusual behavior usually attributed to dementia (e.g., sucking, biting, rocking) nervousness around certain people an individual's report of being verbally or mentally mistreated Signs of neglect dehydration, malnutrition, untreated bed sores and poor personal hygiene unattended or untreated health problems hazardous or unsafe living condition (e.g., improper wiring, no heat or running water) unsanitary and unclean living conditions (e.g., dirt, fleas, lice on person, soiled bedding, fecal/urine smell, inadequate clothing) an individual's report of being mistreated Signs of self-neglect dehydration, malnutrition, untreated or improperly attended medical conditions, and poor personal hygiene hazardous or unsafe living conditions unsanitary or unclean living quarters (e.g., animal/insect infestation, no functioning toilet, fecal or urine smell) inappropriate and/or inadequate clothing, lack of the necessary medical aids grossly inadequate housing or homelessness inadequate medical care, not taking prescribed medications properly Signs of exploitationsudden changes in bank account or banking practice, including an unexplained withdrawal of large sums of money adding additional names on bank signature cards unauthorized withdrawal of funds using an ATM card abrupt changes in a will or other financial documents unexplained disappearance of funds or valuable possessions bills unpaid despite the money being available to pay them forging a signature on financial transactions or for the titles of possessions sudden appearance of previously uninvolved relatives claiming rights to a vulnerable adult’s possessions unexplained sudden transfer of assets to a family member or someone outside the family providing services that are not necessary individual's report of exploitation Signs of abandonmentdeserting a vulnerable adult in a public place deserting a vulnerable adult in his/her own home or living space individual's report of being abandoned

Mandatory Reporter TrainingMandatory and Permissive Reporters Washington State law defines two types of reporters of suspected abuse: Mandatory reporters and permissive reporters. Mandatory Reporters

According to RCW 74.34.020(8), mandatory reporters are:DSHS employees Law enforcement Social workers and professional school personnel Individual providers and operators of a facility Employees of social service, welfare, mental health, home care, home health agencies County coroner or medical examiner Christian Science practitioner Health care providers under RCW 18.130, such as physicians, nurses, and naturopaths, among others

Are you a mandatory reporter? If you are, you must, by law, immediately report the abuse, abandonment, neglect, and financial exploitation of a vulnerable adult to the Washington State Department of Social and Health Services (DSHS). Mandatory reporters are not required by law to report situations of self-neglect, but DSHS urges mandatory reporters to do so as a way to help vulnerable adults.

As a mandatory reporter, you must ALSO make a report immediately to law enforcement if you suspect sexual assault and types of physical assault (see RCW 74.34.035).

The law states that [RCW 74.34.035(4)]:

“A mandated reporter is not required to report to a law enforcement agency, unless requested by the injured vulnerable adult or his or her legal representative or family member, an incident of physical assault between vulnerable adults that causes minor bodily injury and does not require more than basic first aid, unless: The injury appears on the back, face, head, neck, chest, breasts, groin, inner thigh, buttock, genital, or anal area; There is a fracture; There is a pattern of physical assault between the same vulnerable adults or involving the same vulnerable adults; or There is an attempt to choke a vulnerable adult.”

The mandatory reporter is still required to report any type of suspected physical abuse to DSHS. APS/RCS is required to make a report to law enforcement for a crime (possible assault). DSHS Employees and Non-DSHS Employees

All DSHS employees are mandatory reporters and must report suspected abuse, abandonment, neglect, or financial exploitation of vulnerable adults during and after normal work hours (evenings, weekends, and holidays (Administrative Policy No. 8.02). 

The law is unclear as to whether mandatory reporters (professionals and providers described in Chapter 74.34.020(8) RCW) must report suspected abuse, abandonment, neglect, or financial exploitation of vulnerable adults when they are not working (outside of work hours).  DSHS encourages all mandatory reporters to make a report to DSHS if he/she has reason to believe, at any time, a vulnerable adult is or has been abused, abandoned, neglected, or financially exploited.  Exercise #4

Read the following: It was Saturday and Susie, a nurse, finished her grocery shopping and was putting the bags into the trunk of her car. Suddenly she heard angry shouting. Susie turned around and saw a man shaking an elderly woman in a wheelchair by her arms. The man was calling the woman derogatory names and shaking the woman so hard that he lifted her from the wheelchair; the woman was telling the man that he was hurting her. Susie realized that the man and woman were her neighbors that she had yet to meet. Susie was alarmed that the man was hurting the woman.

Are the following statements True or False? Susie is a mandatory reporter Susie is not required by law to make a report because the day is Saturday and she is on her personal time.

Exercise #4 AnswerImmunity

A mandatory reporter making a report in good faith is immune from liability resulting from the report or testimony. Reporting or testifying is not a violation of any confidential community privileges [RCW 74.34.050]. Failure to Report

A person who is required to report and fails to report is guilty of a gross misdemeanor.

A person who maliciously, or in bad faith, makes a false report is guilty of a misdemeanor [RCW 74.34.053].Permissive Reporters

If you are not a mandatory reporter, then you are a permissive reporter [RCW 74.34.035]. Washington State law encourages persons other than mandatory reporters to make a report when they have reason to believe that abuse, abandonment, neglect, or self-neglect, is, or has, occurred. Persons other than mandatory reporters are called “permissive reporters.” Confidentiality of Reporter

A reporter’s identity is confidential EXCEPT when:There is a judicial proceeding; The reporter consents to the disclosure of his/her identity; or The law requires DSHS to share the information, such as in making a report to law enforcement

See RCW 74.34.035(8). When to Report

Immediately make a report when you have reasonable cause to believe that abuse, abandonment, neglect, or financial exploitation occurred to a vulnerable adult.“Reasonable cause to believe” means it is probable that an incident of abuse, abandonment, neglect, or financial exploitation happened. Probable means that, based on evidence or information readily obtained from various sources, it is likely the incident occurred. “Reason to suspect” means it is possible that an incident of sexual or physical assault occurred. Possible means that, based on information readily obtained from various sources, the incident could have happened. What Information to Give When Making a Report

Sometimes you may have a lot of information; sometimes you may have hardly any information. The more information you can give, the more you assist the vulnerable adult. When making a report, give as much of the following information as you have [RCW 74.34.040]:Name and birth date of the victim Address, telephone Current case manager, if one exists Name of perpetrator Allegation—what is the abuse and what happened Name of alternate decision-maker Other interested individuals

Sometimes people want to make a report anonymously. You are encouraged to leave your name and phone number so that the APS/CRU intake worker can call you back to obtain more information. The additional information you give may be the very information needed to protect the vulnerable adult.

If you are a mandatory reporter, APS/CRU will document your name and phone number, which is proof of your fulfillment of your obligation by law to report the abuse of vulnerable adults. Remember that your name as a reporter is confidential unless:There is a judicial proceeding; You consent to the disclosure of your identity; or The law requires DSHS to share the information, such as in making a report to law enforcement

The APS/CRU intake worker will ask you if you want your keep your identity confidential, or if you give permission for the release of your identity. Who to Call

When the Vulnerable Adult Lives in His/Her Own Home

When the vulnerable adult lives in his/her own home or a relative’s home, call the local Adult Protective Services intake number in one of six local regions: Mandatory Reporter TrainingMandatory and Permissive Reporters Washington State law defines two types of reporters of suspected abuse: Mandatory reporters and permissive reporters. Mandatory Reporters

According to RCW 74.34.020(8), mandatory reporters are:DSHS employees Law enforcement Social workers and professional school personnel Individual providers and operators of a facility Employees of social service, welfare, mental health, home care, home health agencies County coroner or medical examiner Christian Science practitioner Health care providers under RCW 18.130, such as physicians, nurses, and naturopaths, among others

Are you a mandatory reporter? If you are, you must, by law, immediately report the abuse, abandonment, neglect, and financial exploitation of a vulnerable adult to the Washington State Department of Social and Health Services (DSHS). Mandatory reporters are not required by law to report situations of self-neglect, but DSHS urges mandatory reporters to do so as a way to help vulnerable adults.

As a mandatory reporter, you must ALSO make a report immediately to law enforcement if you suspect sexual assault and types of physical assault (see RCW 74.34.035).

The law states that [RCW 74.34.035(4)]:

“A mandated reporter is not required to report to a law enforcement agency, unless requested by the injured vulnerable adult or his or her legal representative or family member, an incident of physical assault between vulnerable adults that causes minor bodily injury and does not require more than basic first aid, unless: The injury appears on the back, face, head, neck, chest, breasts, groin, inner thigh, buttock, genital, or anal area; There is a fracture; There is a pattern of physical assault between the same vulnerable adults or involving the same vulnerable adults; or There is an attempt to choke a vulnerable adult.”

The mandatory reporter is still required to report any type of suspected physical abuse to DSHS. APS/RCS is required to make a report to law enforcement for a crime (possible assault). DSHS Employees and Non-DSHS Employees

All DSHS employees are mandatory reporters and must report suspected abuse, abandonment, neglect, or financial exploitation of vulnerable adults during and after normal work hours (evenings, weekends, and holidays (Administrative Policy No. 8.02). 

The law is unclear as to whether mandatory reporters (professionals and providers described in Chapter 74.34.020(8) RCW) must report suspected abuse, abandonment, neglect, or financial exploitation of vulnerable adults when they are not working (outside of work hours).  DSHS encourages all mandatory reporters to make a report to DSHS if he/she has reason to believe, at any time, a vulnerable adult is or has been abused, abandoned, neglected, or financially exploited.  Exercise #4

Read the following: It was Saturday and Susie, a nurse, finished her grocery shopping and was putting the bags into the trunk of her car. Suddenly she heard angry shouting. Susie turned around and saw a man shaking an elderly woman in a wheelchair by her arms. The man was calling the woman derogatory names and shaking the woman so hard that he lifted her from the wheelchair; the woman was telling the man that he was hurting her. Susie realized that the man and woman were her neighbors that she had yet to meet. Susie was alarmed that the man was hurting the woman.

Are the following statements True or False? Susie is a mandatory reporter Susie is not required by law to make a report because the day is Saturday and she is on her personal time.

Exercise #4 AnswerImmunity

A mandatory reporter making a report in good faith is immune from liability resulting from the report or testimony. Reporting or testifying is not a violation of any confidential community privileges [RCW 74.34.050]. Failure to Report

A person who is required to report and fails to report is guilty of a gross misdemeanor.

A person who maliciously, or in bad faith, makes a false report is guilty of a misdemeanor [RCW 74.34.053].Permissive Reporters

If you are not a mandatory reporter, then you are a permissive reporter [RCW 74.34.035]. Washington State law encourages persons other than mandatory reporters to make a report when they have reason to believe that abuse, abandonment, neglect, or self-neglect, is, or has, occurred. Persons other than mandatory reporters are called “permissive reporters.” Confidentiality of Reporter

A reporter’s identity is confidential EXCEPT when:There is a judicial proceeding; The reporter consents to the disclosure of his/her identity; or The law requires DSHS to share the information, such as in making a report to law enforcement

See RCW 74.34.035(8). When to Report

Immediately make a report when you have reasonable cause to believe that abuse, abandonment, neglect, or financial exploitation occurred to a vulnerable adult.“Reasonable cause to believe” means it is probable that an incident of abuse, abandonment, neglect, or financial exploitation happened. Probable means that, based on evidence or information readily obtained from various sources, it is likely the incident occurred. “Reason to suspect” means it is possible that an incident of sexual or physical assault occurred. Possible means that, based on information readily obtained from various sources, the incident could have happened. What Information to Give When Making a Report

Sometimes you may have a lot of information; sometimes you may have hardly any information. The more information you can give, the more you assist the vulnerable adult. When making a report, give as much of the following information as you have [RCW 74.34.040]:Name and birth date of the victim Address, telephone Current case manager, if one exists Name of perpetrator Allegation—what is the abuse and what happened Name of alternate decision-maker Other interested individuals

Sometimes people want to make a report anonymously. You are encouraged to leave your name and phone number so that the APS/CRU intake worker can call you back to obtain more information. The additional information you give may be the very information needed to protect the vulnerable adult.

If you are a mandatory reporter, APS/CRU will document your name and phone number, which is proof of your fulfillment of your obligation by law to report the abuse of vulnerable adults. Remember that your name as a reporter is confidential unless:There is a judicial proceeding; You consent to the disclosure of your identity; or The law requires DSHS to share the information, such as in making a report to law enforcement

The APS/CRU intake worker will ask you if you want your keep your identity confidential, or if you give permission for the release of your identity. Who to Call

When the Vulnerable Adult Lives in His/Her Own Home

When the vulnerable adult lives in his/her own home or a relative’s home, call the local Adult Protective Services intake number in one of six local regions:


When the Vulnerable Lives in a Facility

When the vulnerable adult lives in a nursing facility, boarding home, or an adult family home, or in a certified supported living setting, call the

Complaint Resolution Unit
1-800-562-6078


OR...

If you don’t know the specific area the vulnerable adult lives in, or you are not sure what number to call, Washington State provides a toll-free number where people are ready to connect you to the correct area. Call

1-866-END HARM
(1-866-363-4276)


Certified Professional Guardian Program

To achieve the greatest protection for the estates and affairs of incapacitated persons in Washington State, the Certified Professional Guardian Board adopts and implements regulations governing certification, minimum standards of practice, training, and discipline of professional guardians.

       Duties and Responsibilities of a Certified Professional Guardian (CPG)

       Certified Professional Guardian Board (CPGB)

       Staff of the Certified Professional Guardian Board

       Qualifications Needed to Become a Certified Professional Guardians

       Steps to Become a Certified Professional Guardian (CPG)

       Ongoing Requirements of Certified Professional Guardians

       Instructional Video for Guardians

       Rules and Regulations

       Proposed Regulations Posted for Comment

       Standards of Practice

       Ethics Advisory Opinions

       Filing A Grievance Against a Certified Professional Guardian

       Frequently Asked Questions and Answers

       Guardian Forms

       Resource Links

       Newsletter – Guardian Focus

       Guardian News

       Instructions for Providers of Continuing Education

       Approved Continuing Education Classes

Mandatory Initial Training Notice

ATTENTION APPLICANTS -- IMPORTANT INFORMATION RE: TRAINING

The next mandatory initial training for certification as a professional guardian will begin in September, 2008.  All persons and representatives of agencies who seek to be certified as professional guardians in Washington State must complete the UWEO Guardianship Certificate Program as the mandatory training.

The UWEO Guardianship Certificate Program is a six-month program which consists of three courses: including 56 classroom sessions offered in four two-day (Friday/Saturday all day) classroom sessions at the UW Educations Outreach Bellevue facility, as well as 34 hours of online distance learning.  

To learn more about the Guardianship Certificate Program or for information on enrollment, visit: http://outreach.washington.edu/ext/certificates/grd/grd_gen.asp  

Other traditional avenues of legal research to consider are:

       Textbooks and Monographs

See: the online catalog (GEORGE) under subject headings beginning with

WASHINGTON (STATE) - CONSTITUTION

http://lawlibrary.courts.wa.gov (General Public)

http://lawlib.courts.wa.gov  (State Employees)      

       Periodical Articles

Use periodical indexes to locate law review articles, such as -

Index to Legal Periodicals, subject:

CONSTITUTIONAL LAW, WASHINGTON (STATE)

Current Law Index, subject:

CONSTITUTIONAL LAW

Index to Washington Law Review, subject:

CONSTITUTIONAL LAW

       Other Sources

Washington Lawyers Practice Manual. See chapter on "Civil Rights," e.g.

Washington State Bar Association (WSBA). Continuing Legal Education series.

Use Cledex, a subject index to CLE seminar material; materials are indexed under "Constitutional Law" or "Civil Rights."

Use WSBA-CLE, materials are indexed under "Constitutional Law" or "Civil Rights."

  Note.—See our "Internet Legal Research Guide" for further information; an interactive edition is available at the Library’s website.Revised Code of Washington

The Revised Code of Washington (RCW) is the compilation of all permanent laws now in force. It is a collection of Session Laws (enacted by the Legislature, and signed by the Governor, or enacted via the initiative process), arranged by topic, with amendments added and repealed laws removed. It does not include temporary laws such as appropriations acts. The official version of the RCW is published by the Statute Law Committee and the Code Reviser.
The online version of the RCW is updated twice a year, once in the early fall following the legislative session, and again at the end of the year if a ballot measure that changes the law passed at the general election.There are several ways to find RCWs. Please see the links and information below: 
  RCW Dispositions    Search RCWs

RCWs by TitleTitles Preface
Title 1 General provisions
Title 2 Courts of record
Title 3 District courts — courts of limited jurisdiction
Title 4 Civil procedure
Title 5 Evidence
Title 6 Enforcement of judgments
Title 7 Special proceedings and actions
Title 8 Eminent domain
Title 9 Crimes and punishments
Title 9A Washington criminal code
Title 10 Criminal procedure
Title 11 Probate and trust law
Title 12 District courts — civil procedure
Title 13 Juvenile courts and juvenile offenders
Title 18 Businesses and professions
Title 19 Business regulations — miscellaneous
Title 24 Corporations and associations (nonprofit)
Title 25 Partnerships
Title 26 Domestic relations
Title 27 Libraries, museums, and historical activities
Title 34 Administrative law
Title 40 Public documents, records, and publications
Title 46 Motor vehicles
Title 50 Unemployment compensation
Title 59 Landlord and tenant
Title 65 Recording, registration, and legal publication
Title 70 Public health and safety
Title 71 Mental illness
Title 71A Developmental disabilities
Title 72 State institutions
Title 73 Veterans and veterans' affairs
Title 74 Public assistance
Title 76 Forests and forest products
Title 77 Fish and wildlife (formerly: game and game fish)
Title 78 Mines, minerals, and petroleum
Title 79 Public lands
Title 79A Public recreational lands

Source

 http://apps.leg.wa.gov/rcw/

 There are several ways to find WACs. Please see the links and information below:

Search WACs     Glossary of Terms  |  
 
Northwest Justice Project  Washington State Bar Association   Washington Law Help  



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