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Requirements for Investigating and Reporting Caretaker Abuse and Neglect

Wisconsin law requires that certain services programs report allegations of caregiver abuse, neglect, or financial exploitation and take certain precautions when these types of allegations arise. Under the Caregiver Law, workers at adult family homes, ambulance service providers, certified personal care providers, community-based residential facilities, community substance abuse services, community support programs, and comprehensive community services all must report any allegations of caregiver abuse or neglect to the Division of Quality Assurance (DQA) of the Wisconsin Department of Health Services (DHS) as needed. Likewise, emergency mental health services programs, facilities that serve people with developmental disabilities, home health agencies, hospices, hospitals, mental health day treatment services for children, nursing homes, outpatient community mental health or developmental disabilities programs, residential care apartment complexes, and rural medical centers have mandatory reporting requirements. In addition to reporting the allegations, employees must take the following actions:

  • Immediately protect clients from subsequent incidents of misconduct, including abuse, neglect, misappropriation, and injuries of an unknown source.
  • Investigate all allegations of misconduct.
  • Document all results of any investigation.

Misconduct caused by facility staff, other residents, consultants, volunteers, staff members of other services agencies, family members, legal guardians, friends, and any other individuals all must be reported to the Office of Caregiver Quality of DHS. Reporting individuals must complete and submit a Misconduct Incident Report to the DQA Office of Caregiver Quality for allegations involving staff or other perpetrators. DQA refers reports that involve credentialed staff, such as doctors, nurses, and social workers, to the Department of Safety and Professional Services.

If your loved one has suffered abuse or neglect at the hands of a caretaker, whether in a home setting or at a nursing home or other healthcare facility, you may have a valid personal injury claim. This type of situation makes it essential to contact an experienced Wisconsin neglect and abuse attorney in order to protect your rights and obtain the financial relief that you deserve. Certain individuals have an obligation under the law to report suspected abuse or neglect of an elderly individual or nursing home or other facility resident. Those who fail to do so must face the consequences of their actions. Hold negligent Wisconsin care providers responsible for their actions. Contact Boller & Vaughan today and learn how we can help you.