Adult Protective Service Law

The Law requires that all Louisiana citizens report suspected cases of Abuse, Exploitation, Extortion and Neglect of citizens with disabilities.

• The law grants immunity to any citizen who reports in good faith.
• Individuals who know of abuse and fail to report it can be fined, imprisoned and lose your job.

Physical Abuse

Physical Abuse includes but is not limited to hitting, slapping, pinching, kicking, burning and shoving.

Non-accidental physical contact that causes injury or risk of injury to a person supported. Physical contact that endangers the safety of the person. Handling a person with more force than is reasonably necessary.

Emotional Abuse

Non-verbal communication such as gestures that have the same effect may be considered emotional or psychological abuse. Verbal conduct may be abusive because of either the manner of communication or the content of the communication.

Verbal or non-verbal expressions in a tone of voice or in such a manner that subjects a person to:

• Ridicule
• Humiliation
• Scorn
• Contempt
• Communication which is derogatory or disrespectful.
• Intimidation

Emotional abuse is often associated with of a power of imbalance by threatening, yelling and cursing at someone.

Mental Abuse

The use of social media or other electronic devices which causes the victim humiliation, intimidation, shame or fear regardless of whether the victim provided consent and regardless of their cognitive status.

Sexual Abuse

Any sexual activity between a participant and an employee. This includes kissing, hugging, stroking or fondling with sexual intent and exposing oneself.

Using sexual language. Failure to discourage sexual activity toward employees by the participant.

Permitting the sexual exploitation of the participant or use of the participant’s sexual activity for staff entertainment or other improper purpose. Any sexual activity between a participant and another person when the participant is unable to consent.

Exposing a participant to pornography when the participant is unable to consent or does not consent.

Neglect

Withholding or not assuring basic necessary care by a caregiver such as:

• Food
• Water
• Medical Services and Medicine
• Safety
• Shelter
• Personal & Environment Cleanliness
• Failure to establish and carry out an appropriate program or treatment plan.
• Failure to provide or withholding of adequate nutrition, clothing or health care.
• Failure to provide a safe environment.
• Failure to provide or obtain needed medical treatment.
• Failure to supervise a participant which results in placing the participant in danger.

Examples of Signs of Neglect:

• Dirty skin, uncombed hair.
• Soiled clothes and bedding
• Insufficient or inappropriate clothing for the weather.
• Body odor.
• underweight, sudden weight.
• Inadequate heating and cooling.
• Inadequate shelter
• Lack of food and water.
• Food stored improperly or is spoiled.
• Lack of needed medical attention.
• Untreated mental health problems.
• Delays between injury and treatment.
• Medication not taken or taken improperly.
• Infected or untreated wounds.
• Bedsores

Self Neglect

When the adult fails to secure or use basic essentials such as:

• Food
• Medicine
• Shelter
• Utilities
• Lives in hazardous

A person with mental illness who does not take his or her medication and become a danger to himself or herself.

An elderly person with dementia who wanders the neighborhood. A person with a physical disability who cannot perform activities of daily living and has no assistance.

Exploitation

Illegal or improper use or management of a person's funds, assets or property. For one's own profit or advantage.

Acquisition of things of value from a consumer by:

• Physical force
• Intimidation
• Abuse of legal or official authority

Signs of Exploitation

• Legal document signed when the consumer is incapable of understanding.
• Theft or misuse of pension checks, disability benefits, savings etc.
• failure to meet basic subsistence needs despite adequate income.
• Taking possession of money or property by caregiver.
• Withdrawal from automated banking machines when the consumer cannot walk or get to the bank.
• Checks signed when the consumer cannot write.
• Unpaid bills, overdue rent.
• Personal belongings such as art, silverware and jewelry missing.

Reporting Abuse and Neglect

All incidents of Abuse must be reported IMMEDIATELY UPON DISCOVERY.

Agencies that you report Abuse to are:

• Child Protection Services (anyone under the age of 18)
• Adult Protective Services (ages 18-59)
• Elderly Protective Services (ages 60 and above)