Chapter 14- Child, Disabled, Elders

Question 1

Main difference between DCF and elder services

Answer 1

Competence of elders to refuse services

Question 2

Aggravated AB on child - age

Answer 2

Under 14

Question 3

Four types of Aggravated AB on child

Answer 3

• AB on child under 14- bodily injury
• SBI
• care and custody permit BI or SBI
• care and custody permit another to commit AB BI or SBI

Question 4

ROA for 4 types

Answer 4

AB-BI- felony

AB-SBI- felony

Permit BI- in presence

Permit SBI- felony

Question 5

Permitting injury elements

Answer 5

• had care and custody and recklessly permitted the child to suffer bodily injury or SBI
• Care and custody - recklessly allow ANOTHER to commit BI or SBI

Question 6

What is the biggest thing when trying to prove permitting

Answer 6

The person must have care and custody

Question 7

Definitely of reckless conduct

Answer 7

Reckless intentional behavior or failure to act when required

Question 8

Can spiritual treatment be a defense for permitting AB on a child

Answer 8

No

Question 9

AB on elder age

Answer 9

60 and over

Question 10

AB disabled age

Answer 10

Any age

Question 11

6 types of AB on elder or disabled

Answer 11

• AB on elder or disabled
• AB causing BI or SBI
• caretaker wanton or reckless commit abuse, neglect or mistreatment
• caretaker reckless permit another to commit AB BI or SBI
• caretaker recklessly allow them to suffer BI or SBI
• caretaker recklessly permitted another to comity abuse, neglect, mistreatment

Question 12

All forms of AB disabled and elder ROA

Answer 12

Felony

Question 13

Four types of caretakers for elder or disabled

Answer 13

Family relation

Fiduciary by law

Contract

Voluntary

Question 14

What is the basis for believes that someone is a care taker

Answer 14

Reasonable person believes that if that person did not tend to the person then it would cause adverse health of elder or disabled

Question 15

After argument, walking away and knocking over elder mom

Answer 15

Good AB elder

Question 16

Exemptions to reckless conduct for permitting injury to elder

Answer 16

Competent elder decided behavior
- directed behavior
- spiritual treatment

Question 17

91 year old dies of sepsis after sitting in her own feces for weeks

Answer 17

permitting injury on Elder

Question 18

Child sick for weeks after infection from piercing but mom doesn’t bring to doctors for weeks

Answer 18

Permitting injury to child

Question 19

Do you need to prove knowledge of disability for AB on disabled

Answer 19

No just being disabled is enough

Question 20

Robbing a victim with cerebral palsy and suspect stated they didn’t know

Answer 20

Doesn’t matter - good

Question 21

AB on victim who had a hand injury that didn’t allow them to defend themselves

Answer 21

Good

Question 22

Multiple convictions must be based on what

Answer 22

Multiple seperate acts or victims

Question 23

Directive to house patients closer during Covid causing deaths

Answer 23

Good - per person charge

Question 24

Reckless endangerment of a child age and ROA

Answer 24

Under 18- in presence

Question 25

Elements of reckless endangerment of child

Answer 25

Action or inaction (right to act for inaction)
- creating a substantial risk of SBI or sexual abuse

Question 26

AB on person who is intellectually disabled ROA and elements

Answer 26

Felony

Committed an AB on someone they KNEW was intellectually disabled

Question 27

Do you need to have knowledge that the person is intellectually disabled

Answer 27

Yes, if no knowledge then just charge AB disabled

Question 28

When does AB on intellectually disabled not apply

Answer 28

When other person is intellectually disabled (test question)

Question 29

Indecent AB on disabled requires what

Answer 29

Lack of consent