{"ref":"GA-HC-ANE-01","title":"Reporting Abuse, Neglect, and Exploitation","category":"Safeguarding","own":false,"summary":"Tells every staff member how to recognize and report suspected abuse, neglect or exploitation of a client, using the right Georgia route: Adult Protective Services and law enforcement for an elder or disabled adult living at home; the Department of Community Health and law enforcement for a client living in a personal care home or assisted living community; and the Division of Family and Children Services for a child. Reports are made at once, without needing a manager's permission, and the client is protected while the matter is looked into.","inShort":["If you suspect a client is being abused, neglected or exploited, report it right away. You do not need proof or anyone's permission.","Client 65 or older, or a disabled adult, at home: call Adult Protective Services, 1-866-552-4464 (1-866-55AGING), option 3, and the police.","Client in a personal care home or assisted living: call the Department of Community Health, 1-800-878-6442, and the police at once. A written report follows within 24 hours.","A child: call 1-855-GACHILD (1-855-422-4453) at once, and never later than 24 hours. If anyone is in danger, call 911 first.","Then tell the office and fill in the abuse report record before your shift ends. You are protected when you report in good faith."],"primaryCitation":"O.C.G.A. §30-5-4","citations":["O.C.G.A. §30-5-3","O.C.G.A. §30-5-4","O.C.G.A. §30-5-8","O.C.G.A. §31-8-81","O.C.G.A. §31-8-82","O.C.G.A. §19-7-5","O.C.G.A. §31-7-355(b)","Ga. Comp. R. & Regs. 111-8-12-.08","Ga. Comp. R. & Regs. 111-8-65-.03(q)","Ga. Comp. R. & Regs. 111-8-65-.09(4)(d)"],"federalCitations":["45 CFR §164.512(a)","45 CFR §164.512(c)"],"surveyorAsks":["Ask a caregiver: you see bruises on a client's arms and the client says her son grabbed her. What do you do, and who do you call?","Where does a caregiver find the Adult Protective Services number?","What is different if the client lives in a personal care home or assisted living community?","Show me your record of the last report you made and what you did to protect the client.","Does a caregiver need a supervisor's permission to make a report?"],"version":"1.0","effectiveDate":"2026-10-01","reviewDate":"2027-10-01","approvedBy":"Pat Sample, Administrator","forms":[{"ref":"GA-HC-ANE-01-A","title":"Abuse Reporting Notice to Clients"},{"ref":"GA-HC-ANE-01-B","title":"Internal Abuse Report and Referral Record"}],"sections":[{"heading":"Terms of Reference","body":["This section sets out the standing under which this policy is issued, who owns it, who is bound by it, and how it is kept current. It is not itself a procedure. The obligations begin at Section 1."],"table":{"caption":null,"headers":[["Item"],["Detail"]],"rows":[[["Issued by"],["The governing body of ",{"k":"field","name":"agency.name","text":"Sample Agency, LLC"}]],[["Document owner"],[{"k":"field","name":"people.administrator.name","text":"Pat Sample"},", ",{"k":"field","name":"people.administrator.title","text":"Administrator"}]],[["Authority"],["Adopted under O.C.G.A. §30-5-4, which makes \"Employees of a public or private agency engaged in professional health related services to elder persons or disabled adults\" mandated reporters (§30-5-4(a)(1)(A)(ix)); O.C.G.A. §31-8-82, which makes \"Employees of a public or private agency engaged in professional health related services to residents\" of long-term care facilities mandated reporters (§31-8-82(a)(10)); and O.C.G.A. §19-7-5, which makes nurses and nurse's aides mandated reporters of child abuse (§19-7-5(c)(1)(F))."]],[["Applies to"],["Every employee, contractor and volunteer of ",{"k":"field","name":"agency.name","text":"Sample Agency, LLC"},", the Administrator and the owners, in every service category and every setting where the Agency serves clients."]],[["Status"],["Mandatory. Adherence is a condition of employment and of any contract for services. No provision may be waived, shortened, or varied by any employee."]],[["Not covered here"],["Incident reporting in general, which is Policy GA-HC-QA-02. Professional boundaries, which are Policy GA-HC-ETH-01. Client funds, which are Policy GA-HC-ETH-02. Background checks required by the department after an abuse allegation, which are Policy GA-HC-HR-02."]],[["Review"],["Reviewed by the document owner at least annually, and within 30 days of any amendment to a rule cited at Section 12. Each review is recorded at Section 15 whether or not the text changes."]],[["Amendment"],["Any change requires the approval of the governing body and the issue of a new version number. Superseded versions are retained for five years."]],[["Distribution"],["Master copy held in the policy manual at the licensed location. Every staff member receives Sections 5 to 7 and the reporting card at orientation. Every client receives Form GA-HC-ANE-01-A with the service agreement."]],[["Questions"],["Direct to the document owner on ",{"k":"field","name":"agency.phone","text":"(404) 555-0100"}," or ",{"k":"field","name":"agency.email","text":"office@example.com"},"."]]]},"edited":false},{"heading":"1. Purpose","body":["This policy establishes how ",{"k":"field","name":"agency.name","text":"Sample Agency, LLC"}," (the \"Agency\") makes sure that suspected abuse, neglect or exploitation of any client is reported at once to the right Georgia authority, that the client is protected, and that no one is discouraged from reporting. It implements O.C.G.A. §§30-5-4, 31-8-82 and 19-7-5."],"edited":false},{"heading":"2. Scope","body":["This policy applies whenever any staff member has reasonable cause to believe that a client, or a child or vulnerable adult in a client's home, has been abused, neglected or exploited, by anyone: a family member, a visitor, another caregiver, a staff member of the Agency or another provider, or a stranger. It also covers self-neglect that places an elder or disabled adult in danger. Private home care services may be provided in a client's own home or in a personal care home or assisted living community, which is the client's residence for these rules (111-8-65-.03(q)); the reporting route depends on where the client lives (Section 5)."],"edited":false},{"heading":"3. Definitions","body":["For the purposes of this policy (definitions are summarized; the full text is in the cited statute):"],"table":{"caption":null,"headers":[["Term"],["Meaning"]],"rows":[[["Elder person"],["A person 65 years of age or older who is not a resident of a long-term care facility (O.C.G.A. §30-5-3(6))."]],[["Disabled adult"],["A person 18 years of age or older who is not a resident of a long-term care facility and who is mentally or physically incapacitated, or has Alzheimer's disease or dementia (O.C.G.A. §30-5-3(5))."]],[["Abuse"],["For an elder or disabled adult, as defined in O.C.G.A. §30-5-3(1): the willful infliction of physical pain, physical injury, sexual abuse, mental anguish or unreasonable confinement, and the other acts that definition lists. For a resident of a long-term care facility, as defined in O.C.G.A. §31-8-81."]],[["Neglect"],["The absence or omission of essential services to the degree that it harms or threatens with harm the physical or emotional health of an elder or disabled adult (O.C.G.A. §30-5-3(14)), including self-neglect as the statute provides."]],[["Exploitation"],["The illegal or improper use of a disabled adult or elder person or that person's resources through undue influence, coercion, harassment, duress, deception, false representation, false pretense, or other similar means for one's own or another's profit or advantage (O.C.G.A. §30-5-3(8))."]],[["Long-term care facility"],["For this policy, a personal care home, assisted living community or other facility covered by O.C.G.A. §31-8-81. A client who lives in one is a \"resident\", and §31-8-82 applies instead of §30-5-4."]],[["Reasonable cause to believe"],["Facts that would lead a reasonable person to suspect abuse, neglect or exploitation. Proof is not needed, and staff do not investigate before reporting."]]]},"edited":false},{"heading":"4. Policy Statement (O.C.G.A. §30-5-4)","body":["Every staff member who has reasonable cause to believe that a client has been abused, neglected or exploited reports it, using the route in Section 5, at once. Georgia law requires the report from employees of an agency engaged in professional health related services (O.C.G.A. §30-5-4(a)(1)(A)(ix); §31-8-82(a)(10)), and knowing and willful failure of a mandated reporter to report under §30-5-4 is a misdemeanor (O.C.G.A. §30-5-8).\n\nNo staff member needs anyone's permission to report, and no one at the Agency may stop, delay, change or discourage a report. Staff also tell the office at once so the Agency can protect the client, but telling the office never replaces the report. A person who makes a report in good faith is immune from civil liability and criminal prosecution on account of the report (O.C.G.A. §30-5-4(c); for children, §19-7-5(f)), and, as the Agency's own standard, no staff member suffers any retaliation for reporting in good faith."],"edited":false},{"heading":"5. Which Route to Use","body":["Use Table 1. If you are not sure which route applies, use every route that might apply. If anyone is in immediate danger, call 911 first."],"table":{"caption":["Table 1.  Reporting routes"],"headers":[["Who the client is"],["Report to"],["How and when"],["Authority"]],"rows":[[["An elder person (65 or older) or disabled adult (18 or older) living in their own home or another private residence"],["Adult Protective Services: ",{"k":"field","name":"fixed.abuseReportRoute","text":"Georgia Department of Human Services, Division of Aging Services, Adult Protective Services: call 1-866-552-4464 (1-866-55AGING) and press 3 during weekday business hours, or file a report online at any time at aging.georgia.gov. If the person is in immediate danger, call 911 first."}," AND an appropriate law enforcement agency or prosecuting attorney (call 911 in an emergency, otherwise the local police or sheriff)"],["Orally or in writing. The statute states no hour count; as the Agency's own standard, report immediately, and in any case before the end of your shift. Give the person's name and address, and the other details in Section 6 if known."],["O.C.G.A. §30-5-4(a)(1)(A)(ix), (b)"]],[["A client of any age living in a personal care home, assisted living community or other long-term care facility"],[{"k":"field","name":"fixed.ltcFacilityAbuseRoute","text":"For a client who lives in a personal care home, assisted living community or other long-term care facility: Georgia Department of Community Health, Healthcare Facility Regulation Division, 1-800-878-6442."}," AND an appropriate law enforcement agency or prosecuting attorney"],["Immediately, by telephone or in person, to both. Then a written report to the Department of Community Health within 24 hours after the initial report."],["O.C.G.A. §31-8-82(a)(10), (b)"]],[["A child under 18: a client, or a child in a client's home"],["Division of Family and Children Services, Child Protective Services intake: ",{"k":"field","name":"fixed.childAbuseHotline","text":"1-855-GACHILD (1-855-422-4453)"},". If no child welfare agency is available, an appropriate police authority or district attorney."],["Immediately, but in no case later than 24 hours from the time there is reasonable cause to believe the child has been abused."],["O.C.G.A. §19-7-5(c)(1)(F), (e)"]],[["An adult aged 18 to 64 who is not a disabled adult, living at home"],["Law enforcement if a crime may have been committed. The Administrator also considers whether the person meets the disabled adult definition and, if in doubt, reports to Adult Protective Services."],["Immediately (Agency's own standard)."],["Agency's own standard"]]]},"edited":false},{"heading":"6. Making the Report","body":[],"list":[["Make the client safe. If anyone is in immediate danger, call 911. Do not confront the suspected abuser or put yourself at risk."],["Make the report yourself using Table 1. Office staff will help you, but you do not need their permission. Georgia law lets staff of a social agency or similar facility meet the duty by telling the person in charge, who must then make the report (O.C.G.A. §30-5-4(a)(1)(C)); the Agency does not rely on that alone. If the Administrator makes the report for you, you check the same day that it was made, and if it was not, you make it yourself. For a child, the person in charge may not control, restrain or change the information you give (O.C.G.A. §19-7-5(c)(2)); the Agency applies the same rule to every report."],["Give what you know: the client's name and address (required by §30-5-4(b)(2)); the name and address of the caretaker or suspected person, if known; the nature and extent of any injury or condition; the suspected cause; any earlier problems; and your name and how to reach you. For a long-term care facility resident, also the name and address of the facility (O.C.G.A. §31-8-82(d))."],["Write down the date and time of each call, the name of the person you spoke to, and any report or reference number."],["Tell the office on ",{"k":"field","name":"agency.phone","text":"(404) 555-0100"}," (after hours ",{"k":"field","name":"agency.afterHoursPhone","text":"(404) 555-0199"},") at once, and complete Form GA-HC-ANE-01-B before the end of your shift."],["For a long-term care facility resident, make sure the written report to the Department of Community Health is sent within 24 hours after the first report (O.C.G.A. §31-8-82(b)). The Administrator helps prepare it and keeps a copy."],["Do not investigate, question the client in detail, take photographs, or clean up evidence. Write down only what you saw and what the client said, in the client's words."]],"ordered":true,"edited":false},{"heading":"7. Signs to Report","body":[],"list":[["Physical: unexplained bruises, burns, cuts, fractures, marks from restraints, injuries in different stages of healing, or an explanation that does not fit the injury."],["Sexual: injury or bleeding in the genital area, new sexually transmitted infection, or the client telling you of unwanted sexual contact."],["Emotional: fear of a particular person, withdrawal, being threatened, insulted or isolated from others."],["Neglect: being left without food, water, medication, heat or cooling, hygiene, or needed help; a caretaker who does not provide care agreed to; pressure injuries from being left in one position; an unsafe or unsanitary home."],["Self-neglect: an elder or disabled adult living alone who cannot meet basic needs and is in danger."],["Exploitation: missing money or property, unpaid bills although the client has money, new \"friends\" taking an interest in the client's money, sudden changes to bank accounts, wills or deeds, or pressure to sign documents (Policy GA-HC-ETH-02)."]],"ordered":false,"edited":false},{"heading":"8. What the Agency Does After a Report","body":[],"list":[["The Administrator makes sure every required report has been made, by the right route and on time, and records it on Form GA-HC-ANE-01-B."],["If the suspected person is an Agency staff member or contractor, the Administrator removes that person from all client contact at once, pending the outcome, and the person does not return to client contact unless the Administrator decides, after the authorities' findings and the Agency's own review, that it is safe."],["The supervisor reviews the client's service plan and safety the same day, with ",{"k":"field","name":"people.supervisingNurse.name","text":"Robin Sample, RN"}," where the client is medically frail or medically compromised, and arranges any extra visits or changes the client agrees to."],["The Agency cooperates fully with Adult Protective Services, the Department of Community Health, the Division of Family and Children Services and law enforcement, and gives them the records they request (45 CFR §164.512(a), (c); Policy GA-HC-PRV-01)."],["Where the department requires a criminal background check of an owner or employee during an abuse investigation, the Agency makes sure it is done as Policy GA-HC-HR-02 provides (O.C.G.A. §31-7-355(b)(2); 111-8-12-.08)."],["The Agency tells the client, and the responsible party unless that person is the suspected abuser, that a report was made, unless doing so would place the client at risk of serious harm."],["The matter is recorded as an incident under Policy GA-HC-QA-02 and reviewed in the quality improvement program. Substantiated staff abuse leads to dismissal (Policy GA-HC-ETH-01)."]],"ordered":true,"edited":false},{"heading":"9. Responsibilities","body":["Accountability under this policy is allocated as follows."],"table":{"caption":["Who is accountable for what"],"headers":[["Role"],["Responsibility under this policy"]],"rows":[[["Governing body"],["Makes sure no one at the Agency discourages or delays a report, and reviews every report involving Agency staff."]],[[{"k":"field","name":"people.administrator.name","text":"Pat Sample"},", ",{"k":"field","name":"people.administrator.title","text":"Administrator"}],["Owns this policy. Helps staff report, confirms every report was made on time, sends the written report for long-term care facility residents, removes suspected staff from client contact, protects the client, and cooperates with the authorities."]],[[{"k":"field","name":"people.alternate.name","text":"Jo Sample"},", ",{"k":"field","name":"people.alternate.title","text":"Alternate Administrator"}],["Carries out every duty of the Administrator under this policy whenever the Administrator is unavailable, and handles any report involving the Administrator."]],[[{"k":"field","name":"people.supervisingNurse.name","text":"Robin Sample, RN"},", ",{"k":"field","name":"people.supervisingNurse.title","text":"Supervising Nurse"}],["Advises on the safety and care needs of medically frail or medically compromised clients after a report."]],[["Supervisors"],["Look for signs at every supervisory visit, review the client's safety after a report, and support staff who report."]],[["Every staff member"],["Reports personally and at once by the right route, tells the office, and completes Form GA-HC-ANE-01-B."]]]},"edited":false},{"heading":"10. Records and Compliance Monitoring","body":["Form GA-HC-ANE-01-B, copies of written reports, and records of the Agency's actions are kept in a confidential file separate from the client file, with the incident report, for at least five years (111-8-65-.09(4)(d)). Signed Forms GA-HC-ANE-01-A are kept in the client file.\n\nEach quarter, as the Agency's own standard, the Administrator reviews every report to confirm the right route was used and the time frames in Table 1 were met, and reports the results, without client names, to the quality improvement program under Policy GA-HC-QA-01. Supervisors check at supervisory visits that the client has Form GA-HC-ANE-01-A."],"edited":false},{"heading":"11. Staff Training","body":["Every staff member is trained on this policy at orientation, before working with clients, and receives a pocket card with the numbers in Table 1. Training covers the signs in Section 7, the three routes, the duty to report personally, and the protection for good faith reports. Abuse reporting is covered again in annual training every year (Policy GA-HC-HR-05), using realistic cases."],"edited":false},{"heading":"12. References","body":["This policy implements the following authorities."],"list":[["O.C.G.A. §30-5-3, definitions; §30-5-4, reporting of need for protective services; §30-5-8, penalty for failure to report"],["O.C.G.A. §31-8-81, definitions, and §31-8-82, reporting abuse or exploitation of residents of long-term care facilities"],["O.C.G.A. §19-7-5, reporting of child abuse"],["O.C.G.A. §31-7-355(b) and Ga. Comp. R. & Regs. 111-8-12-.08, background checks required by the department"],["Ga. Comp. R. & Regs. 111-8-65-.03(q), definition of residence; 111-8-65-.09(4)(d), incident reports"],["45 CFR §164.512(a) and (c), disclosures required by law and about victims of abuse, neglect or domestic violence"]],"ordered":false,"edited":false},{"heading":"13. Related Policies and Forms","body":["The following documents are read together with this policy."],"table":{"caption":null,"headers":[["Reference"],["Title"]],"rows":[[["Form GA-HC-ANE-01-A"],["Abuse Reporting Notice to Clients"]],[["Form GA-HC-ANE-01-B"],["Internal Abuse Report and Referral Record"]],[["Policy GA-HC-QA-02"],["Incidents and Unusual Occurrences"]],[["Policy GA-HC-ETH-01"],["Code of Conduct and Professional Boundaries"]],[["Policy GA-HC-ETH-02"],["Client Funds, Property, and Bonding"]],[["Policy GA-HC-HR-02"],["Criminal Background and Registry Checks"]],[["Policy GA-HC-CMP-01"],["Complaints and Grievances"]],[["Policy GA-HC-PRV-01"],["HIPAA Privacy"]],[["Policy GA-HC-SUP-01"],["Supervision of Services and Supervisory Home Visits"]],[["Policy GA-HC-HR-05"],["Orientation and Annual Training"]]]},"edited":false},{"heading":"14. Approval","body":["This policy is adopted by the governing body of ",{"k":"field","name":"agency.name","text":"Sample Agency, LLC"},". The effective date, the person who approved it, and the date of approval are shown in the header block and recorded in the signature lines below."],"edited":false},{"heading":"15. Revision History","body":["Every version of this policy, the date it took effect, a summary of what changed, and who approved it is recorded below. Where a rule cited in Section 12 is amended, the amendment is recorded in this table and a new version of this policy is issued."],"edited":false}],"missing":[],"editedCount":0,"pack":"ga-phc","state":"Georgia","service":"Home care","guides":[{"path":"/guides/abuse-neglect-exploitation-reporting/","h1":"Abuse, neglect and exploitation policies: what each state requires"},{"path":"/guides/home-care-agency-policies/","h1":"What policies does a home care agency need?"}],"sample":true,"agency":{"name":"Sample Agency","legalName":"Sample Agency, LLC","logo":null}}