CPLEE Flashcards
Age rules for reporting childhood sexual abuse
Under 14 - Can’t have sex with anyone 14 or older. If both under 14 and reasonably same age, don’t need to report
14 and 15 year olds - can have sex with another person unless the person is 21 or over
16 or over - can have consensual sex with anyone, no mandated report required
Age rules for lewd and lascivious behavior
Includes fondling, etc, as well as sexual intercourse
If under 14 - Ok if other person is also under 14. Otherwise have to report
14 or 15 - have to report if partner is 10 years or more older
Any time a minor engages in non-consensual sex (I.e., rape), a child abuse report is ________
mandated
Rules for reporting elder abuse that occurs in long-term facility (verbal and written report)
Abuse must be reported to local Ombudsman AND to a local law enforcement agency
Written report required within 2 hours if serious bodily injury; within 24 hours if no serious injury
Rules for reporting elder abuse that occurs at home (verbal and written report)
Abuse can be reported to either Adult Protective Services OR to a local law enforcement agency
Written report must be submitted within 2 day
Legal consequences for failure to report child abuse
misdemeanor punishable by a county jail term not to exceed 6 months, or a fine of not more than $1000, or both
Legal consequences for failure to report child abuse that results in death or bodily injury
punishable by a county jail term not to exceed 1 year, or a fine of not more than $5000, or both
Rules for child abuse reporting for emancipated minors
CA laws do not specifically exclude reporting of abuse of emancipated minors. The most conservative thing to do is to file a child abuse report even the code does not have any guidelines on this specifically.
Who can suspected incidents of child abuse or neglect be reported to?
Police department, sheriff’s department, or CPS/county welfare department
Severe neglect
severe malnutrition; willfully causing child to be endangered, intentional failure to provide adequate food, clothing, shelter, or medical care
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
Rules for reporting elder abuse that occurs in a state health hospital (verbal and written report)
Must report to State Department of State Hospitals AND local law enforcement
written report must be completed within 2 hours
Definition of dependent adult
Person between age of 18 and 64 who has physical or mental limitations that interfere with carrying out normal activities, or protecting his or her rights
Definition of elder
Person 65 years of age or older
Types of elder/dependent adult abuse
Physical abuse (includes sexual assault) Neglect Abandonment Isolation Financial
Elder neglect
Failure of person in charge of the care of the elder or dependent adult to exercise a sufficient degree of care (e.g., failure to help the person with hygiene, failure to provide food or shelter, or to provide necessary medical care)
*Neglect also includes the failure of the person themselves to take care of self, defined as “self-neglect”
According to the California Health and Safety Code, under what circumstances may a physician and mental health provider disclose HIV+ status to a patient’s partner without the patient’s consent?
Physicians and surgeons are permitted, but not mandated to notify partners of HIV positive patients that they have been exposed to the HIV virus only after they have attempted to secure the patient’s consent
Mental health providers may never breach the confidentiality of a patient who is HIV positive.
When a therapist receive a subpoena from an attorney, what are the options?
Must generally comply with the subpoena and appear at requested time and place (with any documents).
May alternatively request that the subpoena be modified, or quashed/undone
Therapist will typically be subpoenaed to appear either at a deposition or in court; in both situations the therapist may assert privilege if that is what the client wishes. May be allowed to uphold confidentiality or will be required to disclose confidential information when ordered to do so by the court