Definition of Terms Abuse means any willful act or threatened act by a relative, caregiver, or household member that causes or is likely to cause significant impairment to a vulnerable adult’s physical, mental, or emotional health. Abuse includes acts and omissions. Neglect means the failure or omission on the part of the caregiver or vulnerable adult to provide the care, supervision, and services necessary to maintain the physical and mental health of the vulnerable adult, including food, clothing, medicine, shelter, supervision, and medical services, that a prudent person would consider essential for the well-being of the vulnerable adult. The term neglect also means the failure of a caregiver or vulnerable adult themselves to make a reasonable effort to protect a vulnerable adult from abuse, neglect, or exploitation by others. Neglect may be either repeated conduct or a single incident of carelessness that produces or could reasonably be expected to result in serious physical or psychological injury or a substantial risk of death. Vulnerable adult means a person 18 years of age or older whose ability to perform the normal activities of daily living or to provide for their own care or protection is impaired due to a mental, emotional, sensory, long-term physical or developmental disability or dysfunction or brain damage, or the infirmities of aging. Mandatory Reporting The statute (§415.1034) states that any person who knows, or has reasonable cause to suspect, that a vulnerable adult has been or is being abused, neglected, or exploited shall immediately report such knowledge or suspicion to the central abuse hotline. Certain professionals are specifically required to do so, including physicians; osteopathic physicians; medical examiners; chiropractic physicians; nurses; paramedics; emergency medical technicians; hospital personnel engaged in the admission, examination, care, and treatment of vulnerable adults; and other health professionals and mental health professionals. All dental personnel are included in this final Per §415.1036, any person who participates in making a report required by Chapter 415 is presumed to be acting in good faith and, unless lack of good faith is shown by clear and convincing evidence, is immune from any liability, civil or criminal, that otherwise might be incurred or imposed. Penalties According to Title XXX, §415.111, a mandated reporter who knowingly and willfully fails to report a case of known or suspected abuse, neglect, or exploitation of a vulnerable adult, or who knowingly and willfully prevents another person from doing so, commits a misdemeanor of the second degree. REPORTING ABUSE As described in Title V, Chapter 39, and Title XXX, Chapter 415, Florida Statutes, the FDCF is charged with providing comprehensive protective services for children who are abused, neglected, or at threat of harm, and vulnerable adults who are abused, neglected, or exploited in the state. Reports of abuse, neglect, threatened harm, or exploitation must be made to the Florida Abuse Hotline via telephone, via fax, or online. The hotline’s toll-free reporting number should be used in situations when a child or vulnerable adult is at imminent risk of harm. Abuse can be reported by: ● Telephone: 1-800-962-2873 (1-800-96ABUSE); TTY: 1-800-955-8771; counselors are available at this toll-free number 24/7 ● Fax: 1-800-914-0004 ● Online: https://www.myflfamilies.com/ The Florida Abuse Hotline will accept a report when there is reasonable cause to suspect that: ● A child who can be located in Florida or is temporarily out of the state but expected to return in the immediate future. category. Immunity
● Has been harmed or is believed to be threatened with harm by a person responsible for the care of the child. OR ● Any vulnerable adult who is a resident of Florida or currently located in Florida: ○ Who is believed to have been abused or neglected by a caregiver in Florida. ○ Is suffering from the ill effects of neglect by self and is in need of service. ○ Has been exploited by any person who stands in a position of trust or confidence; or any person who knows or should know that a vulnerable adult lacks capacity to consent and who obtains or uses, or endeavors to obtain or use, the vulnerable adult’s funds, assets, or property. Reports to the abuse hotline should include: ● The reporter’s name, required in the case of a mandated reporter. ● The victim’s name, possible responsible person, or alleged perpetrator name(s). ● Complete addresses for subjects, including numbered street address, apartment or lot number, city, state, and zip code and/or directions to their location. ● Telephone numbers, including area code. ● Estimated or actual dates of birth. ● Social Security numbers, if available. ● A brief, concise description of the abuse, neglect, abandonment, or exploitation, including physical, mental, or sexual injuries, if any. ● Names of other residents and their relationship to the victim(s), if available. ● A brief description of the victim’s disability or infirmity (required for vulnerable adults). ● The relationship of the alleged perpetrator to the victim. This information is important to know no matter who is reporting or what method of reporting they choose to use. If some of this information is unavailable, a counselor at the hotline will assess the available information to see whether it meets statutory criteria for the FDCF to initiate a protective investigation. Specific information on how to make a report to the abuse hotline via telephone, via fax, or online can be found at https:// www.myflfamilies.com/services/abuse/abuse-hotline Tips for successful fax reporting can be found at https://www. myflfamilies.com/services/abuse/abuse-hotline/how-report- abuse/tips-successful- fax-reporting For reporting abuse online, see https://www.myflfamilies.com/ services/abuse/abuse-hotline If a child or vulnerable adult is at imminent risk of harm, the report should be filed via the hotline, rather than online or by via fax. PENALTIES FOR FALSE REPORTING Anyone reporting in good faith is immune from civil or criminal liability. However, any person who knowingly and willfully makes a false report or counsels another to make a false report is guilty of a felony of the third degree, punishable by up to five years in prison. In addition, the department may impose a fine not to exceed $10,000 for each violation. Each time that a false report is made constitutes a separate violation. A false report is a report of child abuse, neglect, or abandonment or adult abuse, neglect, or exploitation that is made to the central abuse hotline that is not true and is maliciously made for the purpose of: ● Harassing, embarrassing, or harming another person. ● Personal financial gain or benefit for the reporting person ● Acquiring custody of a child or vulnerable adult. ● Personal benefit for the reporting person in any other private dispute involving a child or vulnerable adult. For additional information on false reporting guidelines, go to https://www.myflfamilies.com/services/abuse/abuse-hotline/ how-report-abuse/false- reporting-guidelines
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Book Code: DFL3024
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