CL- Ch. 14 - Child, Disabled, & Elder Protection

Question 1

Mandatory Reporting:

Children under:

Answer 1

18

Question 2

Mandatory Reporting:

Disabled:

Ages:

Answer 2

18 to under 60. (Under 18 report goes to DCF; 60 and over 60 report goes to EOEA)

Question 3

Mandatory Reporting:

Elders:

Age:

Answer 3

60 and over

Question 4

Mandatory Reporting:

Children: What must be reported and to who?

Answer 4

1.Abuse
-Physical
-Sexual
-emotional

2. Neglect by Person with permanent or temporary custody

Report to: Department of Children and Families (DCF)

Question 5

Mandatory Reporting:

Elders: What must be reported and to who?

Answer 5

1. Abuse
   -Physical
   -Sexual
   -emotional
2. Neglect by a caretaker, or Self -Neglect by elder
3. Financial Exploitation

Report to: Elder Protective Services

Question 6

Mandatory Reporting:

Disabled: What must be reported and to who?

Answer 6

1.Abuse
-Physical
-Sexual
-emotional

2. Neglect by caretaker

Report to: Disabled Persons Protection Commission (DPPC)

Question 7

Mandatory Reporting:

Patient or resident of any age in nursing home, rest home, or receiving home health or hospice care:

What must be reported and to who?

Answer 7

1.Abuse
-Physical (includes overmedication)
-Sexual
-emotional

2. Neglect
3. Financial Exploitation

Report to: Department of Public Health (DPH)

Question 8

Mandatory Reporting rules.

Same rules for all: Children, disabled, Elders, and nursing home and home health patients.

Officers must make :

Answer 8

1. An immediate oral report to the appropriate agency
2. A follow up written report within 48 hours.

Question 9

Children, disabled, Elders, and nursing home and home health patients:

What do officers need in order to report abuse, neglect, or financial exploitation?

Answer 9

“reasonable cause to believe”

Question 10

Are police liable for failing to report?

Answer 10

Mandated reporters who fail to notify the appropriate social service agency may be prosecuted and fined.

For child abuse, may be charged criminally if reporter knew abuse resulted in serious bodily injury or death and failed to report.

Question 11

Reportable conditions:

Sexual abuse.

Children under the age of 14 may not consent to sexual touching. Children ages 14-16 may consent to sexual touching, but no intercourse. If relatives or parents are involved, any sexual contact:

Answer 11

MUST be reported.

Question 12

(Blank) of elders is the fasted growing form of victimization.

Answer 12

Financial exploitation.

Question 13

Who does this describe:

1. professionals (such as lawyers or stockbrokers) who use their position of trust to get access to money; or (2) legal appointees (such as guardians or those with a power of attorney) who use their legal status to divert money to themselves.

Answer 13

Fiduciaries.

Question 14

Several mandated reporters may be involved with one victim. Officers should not assume that another professional will report. The law is clear:

Answer 14

Each mandated professional has a duty to report, without regard to what others do.

Question 15

DCF, EOEA and DPPC have created their own mandated reporter forms. Rather than duplicate their efforts, the author suggests that officers:

Answer 15

should simply attach their police report to the form and send it to the local office responsible for investigating.

Question 16

Agency response: Emergencies

If there is danger of further abuse, agencies (EOEA, DPPC, DPH) must investigate within (blank) -and then implement protective services. DCF must begin the investigation within (blank) of an oral report and take a child into custody to avoid any immediate danger

Answer 16

1. 24 hours
2. DCF- 2 hours

Question 17

Agency Response: Overall investigation:

After emergency services are provided , or it is a non emergency situation, DCF and DPPC must complete their inverstigation within (blank), while Elder services may take up to (blank).

Answer 17

1. DCF, DPPC- 10 days
2. Elder- 30 days.

Question 18

Due to the number of false allegations in the child abuse context (especially during custody proceedings) individuals who make (blank) may be prosecuted.

Answer 18

“frivolous reports”

Question 19

The agency must inform a mandated reporter about the results of its investigation within (blank) days of the report for child abuse and within (blank) days of the investigative finding for elder abuse.

Answer 19

1. 30 days
2. 45 days

Question 20

If abuse may have resulted in death, the investigating agency must (blank) the situation to: (2)

Answer 20

must immediately report the situation to the (1) District Attorney and (2) Medical Examiner.

Question 21

If abuse may have resulted in death, the investigating agency must immediately report the situation to the (1) District Attorney and (2) Medical Examiner.

If the agency substantiates nondeadly abuse, neglect, or financial exploitation that may constitute criminal misconduct, the case must be referred to the District Attorney (by the agency) within :

Answer 21

48 hours.

Question 22

While the government must intervene into the lives of children, the situation is different with adults who do not lose their freedom simply because a government agency identifies them as a possible victim.

If the adult is mentally incompetent, or the investigation is being impeded by the suspected perpetrator, the investigating agency may:

Answer 22

petition the probate and family court for a protective order.

The probate court may order emergency services, or direct an individual not to obstruct the investigation.

Question 23

Aggravated A&B: Children under 14

1. Permitting Bodily injury to child under 14:
2. Permitting substantial bodily injury to child under 14:

ROA:

Answer 23

1. Complaint
2. Felony

Question 24

Aggravated A&B: Children under 14:

True or false:

Interestingly, there is no coverage for children age 14 through 18, although any abuse or neglect is still reportable under the Child Abuse Reporting Law (up to age 18)

Answer 24

True.

Question 25

Aggravated A&B: Children under 14:

Type 1: Suspect Assaults

Elements:(2)

Answer 25

The suspect :
(1) committed an A&B on a child; (2) that caused bodily injury or substantial bodily injury.

Felony. Both bodily injury and substantial bodily injury are FELONIES.

No age minimum for defendant

Question 26

Aggravated A&B: Children under 14:

Type 2: Suspect recklessly permits bodily injury

Elements: (2)

Answer 26

The suspect:

(1) had care and custody of a child; and
(2)recklessly permitted the child to suffer bodily injury or substantial bodily injury

Question 27

Aggravated A&B: Children under 14:

Type 3: Suspect recklessly permits another: A&B bodily injury

Elements: (2)

Answer 27

The suspect:

(1) had care and custody of the child; and
(2) recklessly permitted another to commit an A&B on the child that caused bodily injury or substantial bodily injury

Question 28

An intentional act or the failure to act (where there is a duty) that involves a high likelihood that substantial harm will result to another. What does this describe?

Answer 28

Reckless conduct.

There are no exceptions to reckless conduct under 13J. In fact, the SJC has specifically stated that the spiritual treatment exception does not apply to children.

Question 29

Aggravated A&B and Caretaker Abuse: Elders & Disabled:

Type 1: The suspect committed an A&B on an elder or disabled person.

ROA:

Answer 29

Felony.

Question 30

Aggravated A&B and Caretaker Abuse: Elders & Disabled:

Type 2: The suspect (1) Committed and A&B on an elder or disabled person; (2) that caused bodily injury or serious bodily injury

ROA:

Answer 30

Felony.

Question 31

Aggravated A&B and Caretaker Abuse: Elders & Disabled:

Type 3: The suspect (1) was the caretaker of an elder or disabled person; and (2) wantonly or recklessly committed abuse, neglect, or mistreatment.

ROA:

Answer 31

Felony.

Question 32

Aggravated A&B and Caretaker Abuse: Elders & Disabled:

Type 4: The suspect(1) was the caretaker of an elder or disabled person; and (2) recklessly permitted another to commit and A&B on the elder or disabled person that caused bodily injury or serious bodily injury.

ROA:

Answer 32

Felony.

Question 33

Aggravated A&B and Caretaker Abuse: Elders & Disabled:

Type 5: The suspect (1) was the caretaker of an elder or disabled person; and (2) recklessly permitted the elder or disabled person to suffer bodily injury or serious bodily injury.

ROA:

Answer 33

Felony.

Question 34

Aggravated A&B and Caretaker Abuse: Elders & Disabled:

Type 6: The suspect (1) waas the caretaker of an elder or disabled person; and (2) recklessly permitted another person to commit abuse, neglect, or mistreatment against the elder or disabled person.

ROA:

Answer 34

Felony.

Question 35

Caretaker under 13K is a person with responsibility for the physical care of an elder or disabled person that arises from a: (4)

Answer 35

1. Family relationship
2. Fiduciary duty imposed by law
3. Contractual duty; or
4. Voluntary duty.

• The relationship must be such that a reasonable person would believe that the caretaker’s failure to fulfill this responsibility would adversely affect the health of the elder or disabled person.

Question 36

Elders & Disabled

Exceptions to Reckless Conduct:

Since elders and the disabled, unlike children, are adults and allowed to make independent decision if mentally competent, 13K states that conduct is not reckless if a COMPETENT elder or disabled person : (2)

Answer 36

1. Directs it; or

2.relies upon the recognized tenets of spiritual treatment instead of medical care.

Question 37

Aggravated A&B: Children under 14:

Type 1: Suspect Assaults

A&B Bodily Injury: ROA

A&B Substantial Bodily injury: ROA

Answer 37

1. Felony.
2. Felony.

Question 38

Aggravated A&B: Children under 14:

Type 3:

Suspect recklessly permits another A&B bodily injury: ROA

Suspect recklessly permits another A&B substantial bodily injury: ROA

Answer 38

1.Complaint

2. Felony

Question 39

Elders and disabled:

Abuse, Neglect, or mistreatment?

Physical contact which either harms or creates a substantial likelihood of harm.

Answer 39

Abuse.

Question 40

Elders and disabled:

Abuse, Neglect, or mistreatment?

The use of medication or treatment, isolation, or physical or chemical restraint which harms or creates a substantial likelihood of harm.

Answer 40

Mistreatment.

Question 41

Elders and disabled:

Abuse, Neglect, or mistreatment?

The failure to provide treatment or services necessary to maintain health and safety, which either harms or creates a substantial likelihood of harm.

Answer 41

Neglect.

Question 42

Children, Elders ,Disabled:

Case Protocol: To prove their case, it is recommended that officers do the following: (3)

Answer 42

1. Hospital evaluation
2. File 51A, 19A, or 19C report
3. Take photographs of any visible injuries, or have the medical staff take them.

Question 43

For recklessly permitting another to injure the victim, it is not necessary to prove the identity of the assailant. It is sufficient to prove that an ordinary caregiver would have:

Answer 43

recognized that the victim was being exposed to injury.

Question 44

Child, Elderly, Disabled:

Inaction may be basis for:

Answer 44

Conviction:

Ex. 13 year old nearly died from infection to her pierced navel; her mother never sought care even though she was sick for weeks.

Question 45

A&B on elder or disabled person is ALWAYS a felony, even if:

Answer 45

no injury.

Question 46

A&B on disabled person:

Is defendant’s knowledge of victim’s disability required?

Answer 46

No.

Question 47

A&B Disabled

Defendant attacked the victim. The victim’s left hand suffered from brachial plexus palsy and stuck out from her wrist at an odd angle. She could not use or raise her left hand, including to cover herself during a fight. However, she could hold a job, drive, and provide care for her parents. Would this condition qualify as a “disability” under the statute?

Answer 47

Yes.

This condition restricted the victim’s “ability to provide for…her own… protection.”

Question 48

A&B Child, Elderly, Disabled:

May multiple convictions be based solely on multiple injuries?

Answer 48

No.

The defendant must engage in separate and discrete instances of criminal conduct, or multiple victims must be harmed.

Question 49

True or false:

A directive to house patients closer together during COVID was caretaker abuse.

Answer 49

True.

Question 50

(blank) concerns the behavior of adults who, by their action or inaction, create a substantial risk of serious bodily injury or sexual abuse to a child under 18.

ROA: Complaint

Answer 50

Reckless Endangerment of a Child

Question 51

Intellectually Disabled Person Assault:

ROA:

Answer 51

Felony.

Question 52

Intellectually Disabled Person Assault:

Elements: (2)

Answer 52

1. Required assault
2. knowledge

The suspect committed and A&B or Indecent A&B ; upon a person who he knew was intellectually disabled

Question 53

Intellectually Disabled Person Assault:

Exemption:

Answer 53

does not apply if an intellectually disabled person assaults another disabled person.

Question 54

Intellectually Disabled Person Assault:

Exemption: Does not apply if an intellectually disabled person assaults another disabled person.

Who must know that the victim is Intellectually disabled?

Answer 54

The defendant.

Ex. defendant assaulted the victim in her group home where he had been working for five years. The victim testified at trial, so the jury was able to assess her level of disability and the defendant’s level of awareness. (mentally handicapped persons may testify if the judge decides they posess the capacity “to observe, remember, and give expression to what they have seen”.

Question 55

Indecent A&B requires:

Answer 55

lack of consent.

Ex. defendant drove victim, an intellectually disabled woman, to a motel. He raped her and told her to “play with herself”. She only complied because she was scared.

Question 56

Act or omission (the failure to act) by a caretaker that results in physical injury or significant emotional injury to a child, disabled person, or elder.

Answer 56

Abuse.

Question 57

Failure or refusal of a caretaker to provide a child, disabled person, or elder with one or more of the basic necessities- food, shelter, medical treatment, etc

Answer 57

Neglect.

Question 58

Elders who live alone and cannot take care of their basic needs.

Answer 58

Self- Neglect

Question 59

Act or failure to act causing a substantial monetary or property loss of an elder.

Answer 59

Financial exploitation

Question 60

What is the major difference between adult and child protective services?

Answer 60

A competent adult may choose not to cooperate with protective services.

Question 61

A mother permits her boyfriend to punch her 9 year old son, causing him to suffer bodily injury. Is the mother guilty of Aggravated A&B on a child?

Answer 61

The mother is guilty of aggravated A&B on a child, assuming she had care and custody of him, because she recklessly permitted another person to commit A&B on the child who suffered bodily injury.

Question 62

A girl regularly goes to visit her grandmother in a nursing home and does not say anything when she notices her grandmother looking very thin, and a staff member eating her grandmother’s food. Is the girl guilty of caretaker abuse?

Answer 62

The girl is only guilty of caretaker abuse if she is considered a caretaker for her grandmother. Her regular visits may qualify

If so, she is guilty because she recklessly permitted another person to neglect the elder.

Question 63

What are the exceptions to reckless conduct with regard to elders and the disabled?

Answer 63

A competent elder or disabled person directs their treatment or relies upon the recognized tenets of spiritual treatment instead of medical care.

Question 64

What are the expectations to reckless conduct with regard to children?

Answer 64

There are no exceptions to reckless conduct directed at children.

Question 65

A mother refused to giver her sick, 7 year old child medicine, claiming that prayer will heal him. When the child dies, is the mother guilty of reckless conduct? Explain.

Answer 65

The mother is guilty of reckless conduct because there are no exceptions to reckless conduct for children, including religious practice.

Question 66

The failure to provide treatment or services necessary to maintain health and safety, which either harms or creates a substantial likelihood of harm is, under 265 sec 13K, known as:

Answer 66

Neglect

Question 67

Officer Alan Jackson learns that johnny Defendant slapped Amy Smith, a 63 year old woman, with his open palm. What is the strongest action that Officer Jackson may take?

Answer 67

Arrest for the felony of simple A&B under 265 Sec 13K.

Got it right, but added because its tricky.

Question 68

The suspect, who is the caretaker of an elder or disabled person, commits a felony when he wantonly or recklessly permits another person to commit against the elder or disabled person:

Answer 68

Abuse, Neglect, or Mistreatment

Question 69

Matthew Lewis was the caretaker of a disabled person, and he wantonly (i.e. recklessly) isolated this person in a way that created a substantial likelihood of harm. However, he did not employ any physical or chemical restraints. This activity would qualify as:

Answer 69

The felony of Mistreatment.

Question 70

Billy decides he wants to beat someone up. He goes to the park and sees a kid playing with his back towards him. He walks over and punches the kid in the back. When he hears the child speak, he realizes that he is intellectually disabled. Billy runs away. Is billy guilty of A&B on an Intellectually Disabled Person? Why or why not?

Answer 70

Billy is NOT guilty of A&B on an intellectually disabled person because he did not know at the time of the offense that the victim was disabled.

Under 265 Sec 13F , knowledge of the disability is an element of the crime.

HOWEVER: Billy would guilty of A&B on a disabled person under 265 Sec. 13K, as knowledge of the disability is not an element of the crime.

Intellectual disability= knowledge
Other disability= no knowledge required

Question 71

Steve and his friends are at a party when they meet the host’s intellectually disabled cousin, Jane. They convince Jane to go into a bedroom. There, Steve tells Jane to take of her clothes. Jane is scared so she complies. Steve orders Jane to touch herself, as all of the men watch. After a short time, Steve and all of his friends leave the room without ever touching Jane. Is Steve guilty of Indecent A&B on an Intellectually Disabled Person? Why or why not?

Answer 71

Steve IS guilty of Indecent A&B on an intellectually disabled person because the statute does not require that he touch the victim; it is sufficient if he forced her to touch herself. Also, his exposure to Jane would put him on notice that she was disabled in this way.

Question 72

Reckless Endangerment to Child Vs. Aggravated A&B on Child:

Reckless Endangerment Elements: The suspect must have:

1. Action: Recklessly engaged in conduct that created a substantial risk of serious bodily injury or sexual abuse to a child under the age of 18; or
2. Inaction: Recklessly failed to take reasonable steps to prevent a substantial risk of serious bodily injury or sexual abuse to a child under 18- provided that the suspect had a legal duty (imposed by civil or criminal law ) to act on behalf of the child.

Vs

Aggravated A&B on Child

Type 1: (1) The suspect: committed and A&B on a child; (2) that caused bodily injury or substantial bodily injury

Type 2: The suspect: (1) had care and custody of a child; and (2) recklessly permitted the child to suffer bodily injury OR substantial bodily injury

Type 3: The suspect: (1) had care and custody of a child; and (2) recklessly permitted another to commit an A&B on the child that caused bodily injury or substantial bodily injury.

Key differences:

Answer 72

Reckless endangerment- Child under 18 and includes sexual abuse
vs
Aggravated A&B on Child= Under 14

Reckless endangerment :INACTION: Suspect had legal duty to act on behalf of child - (parent, teacher, babysitter, camp counselor, etc)
vs
Aggravated A&B on Child (Type 2 & 3) = Care & Custody (parent, guardian, employee of a home or institution or any other person with equivalent supervision or care of a child, whether the supervision is temporary or permanent”

All 3 types of Aggravated A&B requires bodily injury or substantial bodily injury (having injury is what triggers this law, the level of injury determines the punishment)
Vs
Reckless endangerment does not require injury: both types (action and inaction) require “substantial risk of serious bodily injury or sexual abuse”

Reckless Endangerment: Action and Aggravated A&B on Child: Type 1- In both, the suspect can be anyone (no requirement for Care & custody/ legal duty- also no age minimum for suspect for either offense)

A&B Type 1: A&B Bodily injury = Felony, Substantial Bodily injury= Felony
Type 2: Permitting A&B Bodily Injury= Complaint, Substantial bodily injury= Felony
Type 3: Permitting bodily injury= complaint, Substantial bodily injury= Felony
Vs.
Reckless endangerment= Both Action & inaction= Misdemeanor-Arrest breach of peace in presence only, otherwise COMPLAINT.

Example Aggravated A&B on child TYPE 2: babysitter gets drunk in your house, lets 6 year old play outside, and gets hit by a car (reckless permitted child to suffer bodily injury or substantial bodily injury)

Type 3: babysitter has boyfriend punch the 6 year old child in the face. Brutus= Type 1, BUT babysitter guilty of Type 3 (permitting another to commit A&B w/ injury)
Vs
Reckless Endangerment: Action- childs mother holding 1 year old, suspect punches her in the face- risks hitting baby or mother dropping child.

**MOST IMPORTANT- These offenses can be charged together and often are: A&B with substantial injury and Reckless endangerment of child are 2 separate charges.

A defendant may be charged with both since each offense requires additional proof that the other does not.**

ex. defendant hit child with a belt and caused serious injuries to the child’s anus that required surgery. At the same time, child endangerment occurred because the defendant purposely disregarded they risk of injury when he used the belt in this manner. While actual injury is not required to prove childe endangerment, the presence of an injury does not eliminate this charge either