Domestic Abuse + Sexual abuse Flashcards
Under what conditions, OT has the legal duty to report, even without consent
- Child Abuse or Neglect
- Elder abuse in a long-term care home or a retirement home
- Sexual abuse of a client by a professional
- Under investigation
Do I need the consent of the patient/client to submit their name in the report?
Yes If the individual is incapable of providing consent, their representative may provide consent on their behalf.
If the patient/client refuses to provide their consent, you must still file a report without their name You should advise the individual of your professional obligation to file the report, and suggest that they contact the College’s Manager, Investigations & Resolutions, for additional information.
Does OT need to report domestic abuse?
NO legal duty to report
If the client is capable, the OT must respect their right to make decisions about their own lives. The OT can provide support and information for community resources and crisis lines. An OT cannot take further action if the client does not consent
BUT… immediate risk of harm (e.g. OT arrives at the client’s residence and observes the abuse in progress) → call 911 without consent
What happens if the client tells me about the sexual abuse but refuses to tell me the name of the health care professional?
Have a discussion with the individual about the seriousness of the allegation and their right to have it addressed by a regulatory body → suggest that this individual contact the College’s Manager, Investigations & Resolutions, anonymously for more information → OT only required to file a report with the College if you have the name of the person alleged to have committed sexual abuse.
