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MA JURISPRUDENCE > MA JP > Flashcards

MA JP Flashcards

0
Q

Elderly age

A

60 and above

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1
Q

Threshold for reporting

A

Reasonable cause to believe there has been abuse

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2
Q

Definitions of elderly abuse

A

Physical
Financial
Self-neglect

Act or
Omission that causes serious physical or emotional injury or financial exploitation

**not abuse if according to religion (also true for disabled but not children)

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3
Q

Caretaker

A

Responsible for elderly person

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4
Q

Conservator

A

Responsible for elderly person’s property

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5
Q

To whom is elder abuse reported?

A

Dept of Elder Affairs

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6
Q

Contents of report - elder abuse

A 
Elder's name/address/age
Nature and extent of abuse
Caretakers name (if known)
Medical tx received or required (if known)
Name and address of reporter (optional)
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7
Q

Hearings for elderly if…

A

There’s reasonable cause to believe that the elderly person lacks the capacity to consent to protective services - dept May petition court

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8
Q

Time frame for hearing (elderly)

  • non emergency
  • emergency
A

Non: 14 days with 5 days notice to elderly

Emergency: petition for emergency order of protective services, elderly person given 24 hrs notice unless risk is too great

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9
Q

Placement for elderly

A

Least restrictive possible, cannot commit to MH facility

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10
Q

Mandated reporters (elderly)

A 
MEDICAL 
Dental
Mh
Emergency service
Outreach worker
Agency worker (rpt to executive director)
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11
Q

Order for protective services lasts

For emergency services lasts

A

6 months

14 days

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12
Q

Disabled individual

A

18-59 yo
MR / physically or mentally disabled
Fully or partially dependent on others to meet daily living needs

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13
Q

Disabled abuse definition

A

Serious physical or emotional injury
Nonconsensual sex
** not abuse if according to religion **

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14
Q

Disabled ppl / privilege

A

Disabled ppl can invoke privilege (unlike children, elderly)

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15
Q

Mandated reporters (disabled)

A 
Medical
Educational
MH
Social worker
Agency
Police etc
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16
Q

Guardians / conservators appointed for someone with MR if

A

Incapable of making informed decisions related to personal and financial affairs

Failure to appoint guardian would create unreasonable risks

Appointment of conservator would not eliminate such a risk

Petition is accompanied by a reports from : MD, psychologist, SW/CNS that has determined that the above are true

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17
Q

Investigation of abuse of disabled

Emergency
Non emergency

A

Within 24 hrs

Within 10 days

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18
Q

If disabled person or child has died

A

Report immediately and in writing to:

Commission
DA of county in which it occurred
Medical examiner

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19
Q

Timing for reporting (child/disabled/elderly)

A 
Verbal = immediate
Written = 48 hours
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20
Q

Not liable for reporting if-

A

Made in good faith
No retaliatory action can be taken
You were not the perpetrator
Involuntary commitment

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21
Q

Definition of abuse - children

A

Sexual
Neglect / malnutrition
Addicted to drugs at birth
Physical / emotional

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22
Q

Report abuse of disabled to

A

Disabled persons protection commission

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23
Q

Report child abuse to

A

Dept of Social Services

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24
Q

Within an institution, reporting child abuse:

A

Can report to director

25
Q

51A

A

Report of suspected child abuse or neglect

26
Q

Child custody includes:

A 
Determination of:
Place of abode
Medical care
Education
Control of visits
Consent to marriage, enlistment
27
Q

Mandated reporters (child)

A 
Medical / dental 
Educator 
Law enforcement 
Religious
MH
Administrator 
Advocate
28
Q

Content of report (child)

A 
Name / address of child and caregiver(s)
Child's age and sex
Nature and extent of abuse
How reporter became aware of abuse
Action taken to assist child
Name of person making report
Perpetrator of abuse
29
Q

Child in need of services

A 
Age 7-17
Runs away from home
Refuses to obey parent
   Such that parent cannot adequately      
   care for and protect the child
Truant
Disobeys school rules
30
Q

Delinquent child

A

Child aged 7-17 who willfully violates town ordinance, by-law, or MA law

31
Q

Youthful offender

A

Age 14-17

Commits a crime that would be punishable by state prison if they were an adult AND:
- has been previously committed to
DYS
-offense has involved the infliction or
threat of serious bodily harm

32
Q

Foster care

A

No abrogation of parental rights - temporary abrogation

33
Q

Temporary shelter for child

A

72 hr period in shelter care facility program without parental consent if child is endangered - at end of period-
Return to parent
Refer to DSS

34
Q

How long can DSS continue services?

A

Age 22 - educational / rehab programs or to help facilitate transition to adulthood

35
Q

Parental consent to adoption dispensed if

A

Child abandoned
Parent cx murder or felony with bodily harm
Foster care for 15+ months

36
Q

Visitation rights for children in foster care

A

Grandparents

Siblings

37
Q

Permanency hearing

A

Conducted every 12 months

38
Q

Reasonable efforts to return child to parents unless

A

Abandoned
Parents rights terminated in case with a sibling
Murder or bodily injury of the child, other child, or other parent
Abuse

39
Q

Before being placed in foster care-

A

Screened and evaluated within 30 days

Sexual offense or arson screened by qualified individual

40
Q

If report was unsubstantiated

A

Records should be destroyed within 39 days

41
Q

Age of infant that can be left via sheltering program

A

7 days or less - no automatic termination of parental rights

42
Q

Options with CHINS in place

A

Stay with parent with services
Live with caregiver, relative, or agency
Commitment to DCF

43
Q

CHINS ends at

A

18 (parent reasons)

16 (truancy)

44
Q

Immediate danger to child’s health or safety

A

Immediate temporary custody
within 2 hrs
Report within 24 hrs

45
Q

No immediate danger to child

A

Investigation within 2 days

Report within 15 days

46
Q

Report to DA / police if child has been

A

Death/serious injury
Sexual assault
Sexual exploitation

47
Q

Children’s Names removed from central registry

A

After 1 yr if unsubstantiated

After child turns 18 or 1 yr after termination of services

48
Q

Likelihood of serious harm

A

Risk of harm to person himself - evidence of, threats of, or attempts at suicide or other serious bodily harm

Substantial risk of physical harm to others

Very substantial risk of physical impairment or injury to the person him/herself as manifested by evidence that such person’s judgement is so affected thy cannot protect himself in the community and that reasonable provision for his protection is not available in the community.

49
Q

Qualified psychologist

A

Licensed psychologist- does not need to be an employee of the department or any facility of the department

50
Q

Reasonable precautions

A

One or more of the following actions:

Communicates threat of death/bodily injury to intended victim

Notifies Law enforcement agency where the person / victim lives

Arrange for voluntary hospitalization

Initiate proceedings for involuntary hospitalization

51
Q

Restraint

A

Bodily physical force
Mechanical devices
Chemicals
Seclusion

“Unreasonably limit freedom of
Movement@

52
Q

If person is already committed, director of facility can petition courts to authorize antipsychotic meds if-

A

Person is -
Incapable of making informed decisions

“Substituted judgement” - guardian determines that patient would accept such treatment if competent

Court approved written substituted judgement treatment plan

53
Q

Voluntary admissions - person can leave

A

At any time, with three days notice

54
Q

Who can apply for voluntary admission

A

Person over 16
Parent or guardian of person under 18
Guardian of person who has guardianship

55
Q

Applying for voluntary admission - must have capacity to understand

A

Person is agreeing to stay or remain at hospital

Person is agreeing to accept treatment

Three days notice of intent to leave is required

Facility may petition for extended commitment and person may be held until petition is heard by court

56
Q

Emergency restraint / involuntary commitment if:

A

Examining person has reason to relieve that failure to hospitalize would create a likelihood of serious harm

57
Q

Length of initial emergency restraint

A

3 days

58
Q

Who can perform exam / apply for emergency restraint

A

Licensed MD or psychologist, clinical nurse specialist

Police officer in emergency

59
Q

Dangerous males

A

Can be sent to bridgewater for 5 days

MA JURISPRUDENCE (1 decks)

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