CCL is committed to protecting individuals we support from abuse and neglect as well as from any exploitation including, but not limited to, misuse of their funds or property. We work to ensure that all employees are trained to identify and report abuse and neglect. All employees of are mandated reporters of abuse and neglect. If an employee or volunteer ever has questions or concerns about a situation you suspect is inappropriate, they must contact their supervisor or other delegated management.
DEFINITIONS
Neglect: Failure of an employee to provide reasonable or necessary services to maintain the physical and mental health of any individual they support when such failure presents either imminent danger to the health, safety, or welfare of an individual; or a substantial probability that death or serious physical injury would result. This would include, but is not limited to, failure to provide adequate supervision during an event in which one individual causes serious injury to another individual. Neglect also includes failure to follow medical orders including diet orders, medical care, or medication administration.
Physical Abuse: An employee purposely beating, striking, wounding, or injuring any consumer, or in any manner whatsoever mistreating or maltreating a consumer in a brutal or inhumane manner. An employee handling a consumer with any more force than is reasonable for a consumer’s proper control, treatment, or management.
Verbal Abuse: An employee making a threat of physical violence to a consumer, when such threats are made directly to a consumer or about a consumer in the presence of a consumer.
Misuse of Funds/Property: The misappropriation or conversion for any purpose of a consumer’s funds or property by an employee or employees with or without the consent of the consumer, or the purchase of property or services from a consumer in which the purchase price substantially varies from the market value.
Sexual Abuse: Any touching, directly or through clothing of a consumer by an employee of a consumer for sexual purpose or in a sexual manner.
This includes but is not limited to:
- Kissing
- Touching of genitals, buttocks, or breasts
- Causing a consumer to touch the employee for sexual purposes
- Promoting or observing for sexual purpose any activity or performance involving consumers including any play, motion picture, photography, dance, or other visual or written representation
- Failing to intervene or attempting to stop inappropriate sexual activity or performance between consumers.
- Encouraging inappropriate sexual activity or performance between consumers
REPORTING REQUIREMENTS
Any employee who has reasonable cause to believe that a client has been subjected to abuse or neglect shall immediately make a verbal or written complaint. Failure to report shall be case for disciplinary action and/or criminal prosecution. If a complaint has been made, the head of the facility or program and all employees shall fully cooperate with Department of Mental Health employees or employees from other agencies authorized to investigate the complaint. The agency’s investigator must immediately report any alleged or suspected abuse which results in the physical injury or sexual abuse to local law enforcement officials and cooperate fully with any investigation. The alleged perpetrator will be suspended while investigation is completed.
RESULTS
Unsubstantiated:
- If an investigation determines that the allegation is unsubstantiated, the employee who was suspended during the investigation may be eligible to return to work. The administrative team reviews each case to determine if the employee involved as an alleged perpetrator is eligible to return to work. In some cases, it is determined that there was no wrong-doing on their part and they may be eligible for wages for the days missed during investigation.
- In some cases, it may be determined that while the official DMH charge of abuse/neglect is not substantiated, the employee may have violated policy, violated the Employee Code of Ethics, failed to perform job duties as required, or other infraction that warrants disciplinary action, up to and including termination of employment. In such cases, the suspension days are not compensated.
- In cases where the employee is not charged with abuse or neglect and remains eligible for continued employment with CCL, the administrative team will determine if transfer to a new site is required. This may happen even in the event of no wrong-doing on the part of the employee, if it is determined that the relationship of the employee and the supported individual
Substantiated:
If the Missouri Department of Mental Health substantiates that a person has perpetrated physical abuse, sexual abuse, verbal abuse, neglect, or misuse of funds/property, the perpetrator will be terminated from employment with Creative Concepts for Living, Inc. They shall not be employed by the agency, nor be licensed, employed, or provide services by contract or agreement at an agency licensed through DMH. The perpetrator’s name shall be placed on the department Disqualification Registry pursuant to section 630.170, RSMo. Persons who have been disqualified from employment may request an exception by using the procedures described in 9 CSR 10-5.210 Exception Committee Procedures. No director, supervisor, or employee of an agency shall evict, harass, dismiss, or retaliate against a consumer or employee because he/she or any member of his or her family has made a report of any violation or suspected violation of consumer abuse, neglect, or misuse of funds/property. Penalties for retaliation may be imposed up to and including cancellation of agency contracts and/or dismissal of such person.