44-46: Dependent Adult and Child Abuse & Neglect Flashcards
reportable criteria (3)
- dependent adult
- caretaker
- allegation of abuse
definition of dependent adult
- at least 18
- requires assistance from another
- unable to protect own interests or unable to perform or unable to obtain services
definition of caretaker
- responsibility for the protection, care or custody of a dependent adult
- assuming the responsibility voluntarily, by contract, through employment, or by court order
abuse =
- willful misconduct
- gross negligence
- reckless act
- omission
totality of circumstances ( innocent until guilty )
are the following dependent adult abuse?
- failure to provide care if the caretaker lacks the means or access to the means for care
- refusal of medical treatment or care based on religious beliefs, stated or implied consent
- withholding, withdrawing or refusing medical tx based on terminal illness
- domestic abuse when victim is not a dependent adult
- persons incarcerated in penal setting
ALL are NOT
needs to be all three components of dependent adult abuse
*has to be dependent’s religion
why isn’t abuse reported?
- family secrecy
- self blame
- isolation
- fear
- embarrassment
victims will put up with anything to prevent being institutionalized
myths, attitudes & disabilities
- dehumanization
- damaged merchandise
- feeling no pain
- disabled menace
- helplessness
who has disabilities?
18% Iowa Pop
58% Iowa homeless pop
70-100% report abuse
73% of persons with disabilities report being bullied
5 types of offenders
- well-intentioned, but overwhelmed caregiver
- well-intentioned, but ignorant caregiver
- unwilling, could care less caregiver
- abusive personality
- sadistic personality
Iowa law for community vs. facilities
DHS- community
DIA - facilities
these are civil laws
sexual abuse - falls under criminal
in the event witnessed or suspected abuse by a staff member or provider has occurred, the following actions MUST be taken
- immediately report the incident to supervisory personnel
- immediately separate the staff member/provider from pt
- complete an incident report
- staff/provider will be placed on administrative leave with no pt contact during the investigatory process
- pt will be reassigned
- supervisory personnel will notify risk management and administration
- all legally required reporting requirements, such as DHS/DIA, licensing boards, and law enforcement a applicable will be met
- an evaluation of the situation will include witness interviews and review of video recording if available
- evaluation completed w/i 3 d following reported allegation
things that qualify as physical abuse
- unreasonable confinement
- unreasonable punishment
- assault
- willful or negligent acts
- omissions
- breach of skill on part of caretaker
dating of bruises
swollen tender red-blue green yellow brown clear
0-2 d 0-5 d 6-7 d 7-10 d 10-14 d 2-4 wk
a rainbow = multiple events, abuse
how is sexual abuse different with age or frailty?
- lack of strong support system
- beliefs about sexual abuse increase feelings of shame and guilt
- may complicate an existing illness
- longer recovery time dealing with abuse
- increased chance of sustaining serious injury
- increased genital tearing and bruising
- increased risk of infections
- pelvis or hip bones can be broken by friction and weight
financial exploitation
caretaker knowingly
- takes unfair advantage of resources
- obtains, uses, endeavors to obtain to use
- misappropriates for personal profit
- without informed consent
deprivation of minimum food, shelter, clothing, supervision, physical or mental health care, or other care =
denial of critical care
can also be self-neglect or denial of critical care
willful or negligent acts or omissions of a caretaker = neglect by caretaker
mandatory reporters =
- in the course of employment examines, attends, counsels, or treats a dependent adult
- staff
- reasonably believes a dependent adult has suffered dependent adult abuse
permissive reporters
- any person who believes a dependent adult has suffered dependent adult abuse
- a mandatory reporter who is off duty
reports
who =
when =
person suspecting abuse
immediately notify the person in charge or designated agent law enforcement verbal w/i 24 hrs written w/i 48 hrs
what happens if report is founded?
- abuse is determined by a preponderance of evidence
- maintained on the central abuse registry for ten yrs
what happens if report is confirmed, not registered?
- minor, isolated, and unliekly to reoccur
- not on central abuse registry
- kept 5 yrs in local office
- subsequent reports kept for 10 yrs, then sealed
what happens if report is unfounded?
- determined by preponderance of evidence that abuse has not occurred
- unfounded reports are destroyed after 5 yrs
you are a mandatory reporter, the abuse occurs while on job and you knowingly and willingly fail to report =
crime (simple misdemeanor)
could also be held legally responsible for the damages done (wrongful death - felony)
3 Cs of child abuse
- child (anyone under 18 - not married)
- caretaker (anyone responsible for care of child)
- circumstance (abusive incident suspected)
exception to the 3 Cs - sexual abuse, with the victim under 12 must be reported to DHS even if there is no caretaker involved
