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

Every 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 one to come forward when an adult is abused. Mandatory reporting laws in the case of adults apply only if the victim is married to the offender or has a disability that limits her ability to care for herself. However, according to KRS 209, if one witnesses or suspects abuse, neglect and exploitation of an adult receiving support for community life, they are first required to ensure the safety of the victim. Then inform the Community Services Department 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 harm, sexual abuse, illegal or unreasonable confinement, intimidation, or punishment that results in physical pain or harm or even mental harm.

Exploitation refers to the use of another person’s resources and property without the will of the other people and in an attempt to harm or deprive the other person to enjoy their right.

Neglect, on the other hand, refers to a situation where an adult is unable to fulfill his or her duties and the caregiver has been irresponsible and deprived others of their services. In other words, caregivers’ negligence is what has caused an adult to be unable to take care of their health.

For a direct support professional, it is important to know what constitutes abuse. Abuse can occur in a number of ways, including pushing, hitting, or pulling the hair. It can also mean forcing or coercing someone to have sexual activity. It can be stopping someone from doing things like visiting friends or family, or even knowingly deliberately giving the wrong drug. It can also refer to name calling and other derogatory statements.

The reporting process is not completed with reporting to law enforcement. According to the law, it is mandatory to report these cases to the Cabinet of Health and Family Services. The service provider should beware of HIPAA or VAWA and other compliance issues before disclosing any information to law enforcement officials.

Tips for fulfilling the duty to report

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 occur immediately, when physical security is guaranteed.
  • You should not investigate before making a report.
  • The duty to report applies regardless of professional privileges for 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. Several Kentucky laws apply, and you can find them (child abuse) KRS 600.020 and KRS 620 or (adults with disabilities) KRS 209.

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