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
all sex crimes are reported to…
law enforcement
legal age of consent in Iowa for sexual contact is..
16
if other person is in authority its 18
felony under 13
14 and 15 can consent is other person is less than 4 yrs older; 16 and 17 having sex with child 5 yrs younger are referred to juvenille court
evidence indicates between ___ of female and ___ of males with history of sexual abuse
15-30%
3-15%
observable substantial impairment in the ability to function w/i normal range of performance and behvaior based on age
mental injury
can be caused by: ignoring the child and failing to provide stimulation, responsiveness, and validation of worth
; rejecting the child’s values and needs; isolating the child and denying normal human contact
