Chapt 14-16 Missing Cards Flashcards
What does Chapt 14 have to do with?
Child, disabled and elder protection
Explain police officers and being mandated reporters.
While acting in their professional capacity, police officers, along with the host of other human services, medical providers are mandated by law to report various types of abuse that happened to children, elders, and disabled.
Are civilians mandated reporters?
Anyone may report their good faith suspicion to authorities, but only professionals specifically does designated by various reporting statues are legally obligated to do so.
Who is covered under mandatory reporting laws?
-Children under 18
-Disabled, mentally and/or physically disabled 18 to under 60
-elders age 60 and over
-nursing homes, patients or residence of any age in the nursing home, rest home, or receiving home healthcare or hospice care.
For children under 18, what must be reported and who reports it?
Abuse
-Physical
-Sexual
-Emotional
-neglected by person with permanent or temporary custody
-You must report it to DCF department of children and families
What are the mandated reporter laws for a disabled mentally in our physically disabled ages 18 to 60, what must be reported and who you reported to?
Abuse
-physical
-Sexual
-emotional
Neglect by caregiver
Must report it to disabled person’s protection commission or the DPPC 24 hour hotline
What is the mandatory reporter laws for elders ages 60 and over what must be reported for abuse and who do you report it to?
-Abuse
-Physical
-Sexual
-Emotional
Neglected by caregiver, or self neglect by elder and financial exploitation
-must reported to elder protected protective services for the 24 hour hotline
What are the mandatory reporting laws for a person in a nursing home patient or resident of any age in nursing home, rest home, or receiving home healthcare or hospice care? What must be reported in who you reported to?
Patient abuse or mistreatment
-Physical(includes over medication)
-Sexual or
-Emotional
-any
-Financial exploit
Must be reported to DPH or the department of public health 24 hour hotline
What are the reporting rules? They are all the same for children, disabled, elders, and nursing home or healthcare patients what shall officers do?
-make an immediate or a report to their appropriate agency and
-Must make a follow up written report within 48 hours
What are the reporting standard in immunity for reporting abuse?
Officers need only to have “reasonable cause to believe“ that abuse, neglect or financial exploitation happened or is happening. The word reasonable implies at the same “exercise of judgment should occur to rule out, for example, assertions that are impossible, plainly fabricated, or made only ingest“
-The reporting statute, completely insulates police officers and other mandated reporters from liability, even if their reports are ultimately unsubstantiated. The only exception is if the reporter actually perpetrated the abuse.
-Mandated reporters to notify the appropriate social service agency must be prosecuted and up to $1000. For children child abuse house of corrections no more than 2 1/2 years and or $15,000 fine is now possible.
What is the definition of abuse for children, disabled elders or nursing home or home healthcare patients?
Abuse, involves an act or omission(the failure to) which result in physical or emotional injury to the child, disabled person, or elder.
What is the definition of abuse for children, disabled elders or nursing home or home healthcare patients?
Abuse, involves an act or omission(the failure to) which result in physical or emotional injury to the child, disabled person, or elder.
What is three kinds of abuse that must be reported?
Physical, sexual or emotional
Define physical abuse
Involves a non-accidental infliction of any nontrivial injury, including skin, bruising, intermuscular injury, abrasions, burns, or the impairment of an organ. Law also classifies an infants “physical dependence on an addictive drug at birth” as abuse, inappropriately, medicating, or restraining may also be
What is the definition of sexual abuse of adults or children?
And involves a touching of a sexual part of the body and an inappropriate manner. Standard depends on whether a child or adult is involved. Children under the age of 14 or not allowed to legally consent to touching. Children between the ages of 1416 may consent to sexual touching, but not intercourse. Relatives or parents are involved any sexual conduct must be reported. “Verbal sexual contact“ is abuse, even though the victim is not touched in this case the defendant had several sexually explicit and inappropriate conversations with his 15-year-old daughter.
What is the definition of sexual abuse of elders and disabled?
Sexual contact is reported when it is nonconsensual. since they are adults and may voluntarily choose to engage in this activity, therefore it must be nonconsensual. However, nonconsensual contact occurs when a person lack of mental capacity to choose. For example, an elder suffering from advanced Alzheimer’s, is unable to consent to significant sexual contact.
What is the definition of emotional abuse?
Serious emotional injury includes, but not limited to, and extreme anxiety, fear, depression, or withdrawal that results from improper verbal, and or nonverbal conduct directed towards victim. For children, emotional injury is impairment of psychological capacity of a child as evidenced by a substantial reduction in the child ability to function.
What is the definition of neglect?
Neglect may be passive or active. Passive neglect occurs when a well meaning caregiver no longer provides adequate care. Such as non-purposeful neglect. Active neglect, describes an intentional, at times cruel, deprivation of care. Self neglect occurs when elders lack the capacity to adequately care for themselves.
What is the definition of financial exploitation?
The financial exploitation of elders often occurs in combination with other forms of abuse, such as threats or physical attacks, which are directed at the elder to facilitate the transfer of assets. Financial exploitation is an act or failure to act by another person which causes a substantial, monetary or property loss to an elder.this is accomplished without the elders consent or the elders tricked, intimidated, or forced into giving consent
What are two types of people who may accomplish financial exploitation?
Family members are relatives
-Fiduciaries (This could be professionals such as lawyers or stockbrokers, who use their position of trust to get access to money or legal appoint such as guardians or those with power of attorney who use their legal status to divert money to themselves.
What are practical reporting techniques for officers?
-Always report the incident to the local field office of the agency involved
-use a hotline to report the abuse
-Other mandated reporters
-On scene officers
The report must be written within 48 hours.
What goes into the written report of abuse?
Victims name, address, and age
-Nature and extent of injuries or abuse
-Parents names or any other person responsible for victims care
-The reporter became aware of the condition-action taken to treat or shelter victim
-reporters, name and contact
-edge of any prior abuse or neglect
-any service provider or other individual who might be currently in involved with the family
-any legal custody orders pertaining to children
-And any other helpful information
Where do you send the police report?
DCF, EOEA and DPPC has their own mandated reporter form. Rather than duplicate their efforts opposition simply attach a police report to the form and send it to the local office responsible for investigating.
What do you need to know about the agency response to abuse?
Response to reports of abuse is fairly similar and all the services. Usually there are four responses.
-it’s an emergency have 24 hours to investigate implement protective services. DCF must begin investigation within two hours of an oral report and take the child custody to avoid any immediate danger.
-overall investigation after emergency services are provided DCF and DC must complete their investigation within 10 days. Services may take 30 days. All investigators must visit the site of abuse, interview the victim, collect collateral, sources and medical or mental health, professional or other witnesses and gather other facts. Then they develop service plans.
-Finding the agency must decide whether that allegations of abuse, neglect or financial exploitation is sustained or unsustained. Due to the number of false allegations individual who make frivolous report must be prosecuted
-Inform report. The agency must inform a mandated reporter about the results of investigation within 30 days of the report for a child abuse 45 days of elder abuse. Typically, the agency center one a form letter.
Between adult and child protective services?
Competent to accept or refuse services is the major difference between adult and the child system. The competent adult may choose whether to cooperate with protective services or not. The government must intervene into the lives of children, and the situation is different with adults who do not lose their freedom, simply because the government agency identified from the victim.
Which chapter infection is aggravated assault and battery and career abuse?
Chapter 265 section 13 J and 265 section 13 K
What is 265 section 13 J have to do it?
Aggravated assault battery and caretaker abuse for children.
Under children 265 section 13 J what is the age of the child supposed to be?
Children under the age of 14. Ages 14 through 18 there’s no coverage for although abuse and neglect is still reportable under the child abuse reporting law 119 section 51 a
Under children 265 section 13 J what is the age of the child supposed to be?
Children under the age of 14. Ages 14 through 18 there’s no coverage for although abuse and neglect is still reportable under the child abuse reporting law 119 section 51 a
Elements under children for aggravated A&B?
Type 1: Suspect assault ,
Type two: suspect, permit injury
Type 3: suspect, head care and custody of the child and recklessly permitted another commit an a and B on a child that caused bodily injury or substantial bodily injury
What are the penalties for aggravated child abuse?
Type 1: SP NMT 5 years or HC NMT 2 1/2 years. If substantial injury SP NMT 15 years or NMT 2 1/2 HC.
Type 2: permitting ANB barley injury NMT 2 1/2 years HC if substantial bodily injury SP NMT 5 years or NMT 2 1/2 years.
Type 3: permitting, bodily injury, 2 1/2 years each HC NMT Substantial bodily injurySP NMT 5 yrs or 2 1/2 HC.
What is the right arrest for abuse of children?
Permitting bodily injury to a child. It’s a complaint.
All other violations are a felony
What is the definition of care incustody?
The person having care and custody is a parent, guardian, employee of the home or institution, or any other person with equivalent to provision or care of a child whether the supervision is temporary or permanent.
