Direct Support Professional: Understanding Abuse, Neglect, and Exploitation in Kentucky

Each state in the US has a similar definition of abuse, neglect, and exploitation. If you are a direct support professional living in Kentucky, you need to know what the Kentucky state government defines as abuse, neglect, and exploitation.

In most cases, there is no law that requires reporting when an adult is abused. Mandatory adult reporting laws apply only if the victim is married to the offender or has a disability that limits her ability to care for herself. However, under KRS 209, if you witness or suspect abuse, neglect, and exploitation of an adult receiving community living support, you must first ensure the victim’s safety. Then let the Department of Community Based Services know as soon as it is safe to do so.

For a DSP, it is important to understand what abuse, exploitation and neglect mean.

Abuse means inflicting injury, sexual abuse, unlawful or unreasonable confinement, intimidation or punishment resulting in physical pain or injury or even mental injury.

Exploitation refers to the use of another person’s resources and property without the other person’s will and for the purpose of harming or depriving the other person of the enjoyment of his or her rights.

Neglect, on the other hand, refers to a situation where an adult is unable to fulfill their duties and the caregiver has been irresponsible and has deprived others of their services. In other words, the negligence of the caregivers is what has caused an adult person to not be able to take care of her health.

For a Direct Support Professional, it is important to know what constitutes abuse. Abuse can occur in a variety of ways, including pushing, hitting, or pulling hair. It can also mean forcing or coercing someone into sexual activity. It can be stopping someone from doing things like visiting friends or family or even knowingly giving the wrong medicine on purpose. It can also refer to insults and other derogatory statements.

Reporting to law enforcement does not complete the reporting process. According to the law, it is mandatory to report these cases to the Cabinet of Health and Family Services. The service provider must be aware of HIPAA or VAWA and other compliance issues before disclosing any information to law enforcement officials.

Advice on compliance with the duty to inform

If you witness or suspect abuse, neglect or exploitation, it is your duty to report the matter immediately. Here are some things you need to know.

• Notification must be made immediately, when physical security is guaranteed.
• You should not investigate before making a report
• The duty to report applies regardless of the professional privileges of individuals who meet the requirements of KRS 209
• You can make anonymous reports; however, it is recommended that you provide contact information.

You can also call the Office of the Ombudsman at 1-800-372-2973. Various Kentucky laws apply, and you can find them (child abuse) KRS 600.020 and KRS 620 or (adults with disabilities) KRS 209.