Abuse + Reporting Flashcards
Types of child abuse
1) Physical abuse
2) Willful cruelty + unjustifiable punishment (psychological/weirdo)
3) Unlawful corporal punishment or injury (beating)
4) Emotional abuse
5) Sexual abuse (assault + exploitation)
6) Neglect (severe + general)
Sexual assault
Rape, statutory rape, incest, lewd or lascivious acts, oral copulation, penetration by a foreign object, child molestation
Sexual exploitation
Pornography, prostitution
Severe neglect
severe malnutrition, willfully causing child to be endangered, intentional failure to provide adequate food, clothing, shelter or medical care
Explicitly causing physical harm
General neglect
negligent failure of the caretaker to provide adequate food, clothing, shelter, medical care or supervision, where no physical injury to the child has occurred
Statutory rape vs. sexual assault
We are not mandated to report statutory rape / we are mandated to report sexual assault
Lewd and lascivious act
intentional touching of the body or any part or member thereof of a child with the intent of arousing, appealing to, or gratifying the lust, passions or sexual desires of that person or the child
Under 14 (+) any age
Report mandated if lewd or lascivious contact occurred
14 or 15 (+) 10 years older
Report mandated if there has been lewd or lascivious conduct
14 or 15 (+) under 21
Report not mandated if consensual
Under 16 (+) 21 or older
Report mandated if sexual intercourse occurred, even when consensual
16 or older (+) 16 or older
No report if consensual
Under 18 (+) any age (if rape or incest)
Mandated report rape, incest
Under 14 (+) under 14
report is not mandated, as long as the therapist believes that both parties are mature enough and not being abused or coerced.
When to report elder abuse
“reasonable suspicion” of physical abuse, abandonment, isolation, financial abuse, neglect or abduction made against the elders and dependent adults.
Dependent adult
a person residing in California between the ages of 18-64 who has physical or mental limitations that restrict his or her ability to carry out normal activities or to protect his or her rights.
Elder
65+
Types of elder/dependent abuse
physical abuse, neglect, emotional abuse, abandonment, isolation, financial abuse, mental suffering
Physical abuse? (elder)
assault, battery, unreasonable physical restraint, prolonged deprivation of food or water, sexual assault, abuse of a chemical restraint or psychotropic medication
Neglect? (elder)
Failure of the person in charge of elder or dependent to exercise a sufficient degree of care (food, shelter, hygiene).
(also includes the failure of the person themselves to care for themselves, defined as self neglect)
Reporting elder abuse (steps)
Suspected incidents of elder abuse must be reported to the county adult protective services agency, to a local law enforcement agency or to local ombudsman immediately or as soon as possible by phone. A written report should follow within two working days
Reporting child abuse (steps)
- Report required when a therapist learns about child abuse in his or her professional capacity or when there is “reasonable suspicion” of child abuse
1) Gather as much info as possible. If you believe that you have enough information from the child, make the report.
2) If you feel it is appropriate to speak with the child’s parent or guardian to gather information before making the report, use clinical judgment.
3) Suspected incidents of child abuse must be reported BY PHONE to any police department, sheriff’s department, or county welfare department immediately or as soon as possible.
4) A WRITTEN report should follow within 36 hours
Elder abuse - at home vs. facility
- Report to adult protective services or local law enforcement if elder is living at home
- Report to local ombudsman or local law enforcement if abuse in a long term care facility
When is report of elder abuse required?
- when the mandated reporter has observed or has knowledge of an incident that reasonably appears to be abuse
- when the reporter is told by the elder or dependent of an instance of abuse
When is report of elder abuse NOT required?
1) If mandated reporter is told of abuse/neglect yet there is no corroborating evidence and elder has been diagnosed with mental illness/dementia, and reporter believes abuse did not occur
2) When injury occurs in long term care facility, with properly provided care, and reporter believes the injury was not the result of abuse
Assault and domestic violence
- Health practitioners (medical practitioners) who provide MEDICAL services to a person suffering a wound resulting from assault or abuse are mandated to report
- Providers of mental health services are not mandated to report assault, nor are they permitted to report assault unless the patient gives explicit written consent
When working with a patient experiencing domestic abuse:
refer them to a medical practitioner (who can report the abuse) and create a safety plan.
Maintain confidentiality