Consumer abuse committed by care providers will not be tolerated. All such abuse or allegations of such abuse will be thoroughly investigated. Any abuse found to have been committed by a care provider will be referred to the appropriate authorities.
Aveanna care providers are considered “mandated reporters” under the Elder Abuse and Dependent Adult Civil Protection Act and the Child Abuse and Neglect Reporting Act meaning they are required by these laws to report known or suspected abuse or neglect of an elder, dependent adult or child.
The Adult Reporting Law - California WIC sections 15600- 15675, known as the Elder Abuse and Dependent Adult Civil Protection Act (adult reporting law) provides that any person who has assumed responsibility for the care or custody of an adult consumer, including administrators, supervisors, and any licensed staff of a facility that provide care or services for adult consumers, is a mandated reporter. Under the adult reporting law, any mandated reporter who experiences or observes any of the following shall report the abuse to the applicable governmental authorities (subject to certain limited exceptions described in the adult reporting law):
- Has observed or has knowledge of an incident that reasonably appears to be physical abuse, abandonment, abduction, isolation, financial abuse, or neglect of an adult consumer
- Is told by an adult consumer that he or she has experienced abuse.
- Reasonably suspects the existence of adult abuse.
The Child Reporting Law -California Penal Code sections 11164 – 11174.3., known as the Child Abuse and Neglect Reporting Act (child reporting law) provides that various categories of persons who interact with a consumer under the age of 18 are mandated reporters.
Under Penal Code section 11166, any mandated reporter who has knowledge of or observes a person under 18 whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect (a form of child abuse), shall report the abuse to the applicable government authorities (subject to certain limited exceptions described in the child reporting law). It is important to note that the list of mandated reporters who are obligated to report child abuse is different than the list of mandated reporters obligated to report adult abuse.
Definitions
Abuse includes physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment which results in physical harm, pain, or mental suffering; or deprivation, by a person providing care and supervision, of goods and services which are necessary to avoid physical harm or mental suffering.
Physical Abuse: means the use or attempt to use force on the person of another, unreasonable physical constraint or prolonged or continual deprivation of food, water, or sexual abuse. It also means the use of isolation, physical or chemical restraint, or psychotropic medication without medical authorization for punishment.
Mental Suffering: is defined as fear, agitation, confusion, severe depression, or other forms of emotional distress that is brought about by threats, harassment, or other forms of intimidating behavior.
Neglect: is defined as the negligent failure of a person(s) having care or custody of a consumer to exercise a reasonable degree of care including, but not limited to, a failure to assist in personal hygiene and the provision of food, clothing, and shelter, or failure to provide medical care or protect the consumer from health and safety hazards.
In addition to reporting to applicable governmental authorities, mandated reporters are responsible for informing their Aveanna branch office of any incidents.