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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
Within an institution, reporting child abuse:
Can report to director
25
51A
Report of suspected child abuse or neglect
26
Child custody includes:
``` Determination of: Place of abode Medical care Education Control of visits Consent to marriage, enlistment ```
27
Mandated reporters (child)
``` Medical / dental Educator Law enforcement Religious MH Administrator Advocate ```
28
Content of report (child)
``` 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
Child in need of services
``` 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
Delinquent child
Child aged 7-17 who willfully violates town ordinance, by-law, or MA law
31
Youthful offender
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
Foster care
No abrogation of parental rights - temporary abrogation
33
Temporary shelter for child
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
How long can DSS continue services?
Age 22 - educational / rehab programs or to help facilitate transition to adulthood
35
Parental consent to adoption dispensed if
Child abandoned Parent cx murder or felony with bodily harm Foster care for 15+ months
36
Visitation rights for children in foster care
Grandparents | Siblings
37
Permanency hearing
Conducted every 12 months
38
Reasonable efforts to return child to parents unless
Abandoned Parents rights terminated in case with a sibling Murder or bodily injury of the child, other child, or other parent Abuse
39
Before being placed in foster care-
Screened and evaluated within 30 days | Sexual offense or arson screened by qualified individual
40
If report was unsubstantiated
Records should be destroyed within 39 days
41
Age of infant that can be left via sheltering program
7 days or less - no automatic termination of parental rights
42
Options with CHINS in place
Stay with parent with services Live with caregiver, relative, or agency Commitment to DCF
43
CHINS ends at
18 (parent reasons) | 16 (truancy)
44
Immediate danger to child's health or safety
Immediate temporary custody within 2 hrs Report within 24 hrs
45
No immediate danger to child
Investigation within 2 days | Report within 15 days
46
Report to DA / police if child has been
Death/serious injury Sexual assault Sexual exploitation
47
Children's Names removed from central registry
After 1 yr if unsubstantiated | After child turns 18 or 1 yr after termination of services
48
Likelihood of serious harm
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
Qualified psychologist
Licensed psychologist- does not need to be an employee of the department or any facility of the department
50
Reasonable precautions
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
Restraint
Bodily physical force Mechanical devices Chemicals Seclusion "Unreasonably limit freedom of Movement@
52
If person is already committed, director of facility can petition courts to authorize antipsychotic meds if-
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
Voluntary admissions - person can leave
At any time, with three days notice
54
Who can apply for voluntary admission
Person over 16 Parent or guardian of person under 18 Guardian of person who has guardianship
55
Applying for voluntary admission - must have capacity to understand
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
Emergency restraint / involuntary commitment if:
Examining person has reason to relieve that failure to hospitalize would create a likelihood of serious harm
57
Length of initial emergency restraint
3 days
58
Who can perform exam / apply for emergency restraint
Licensed MD or psychologist, clinical nurse specialist | Police officer in emergency
59
Dangerous males
Can be sent to bridgewater for 5 days

MA JURISPRUDENCE (1 decks)

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