Parent and Child Relationship (19-7-5) / Disabled and Elder Abuse (30-5-4)

Question 1

Definition of “sexual abuse”

Answer 1

A persons employing, using, persuading, inducing, enticing, or coercing a minor who is not the spouse to engage in a sexual act

If the victim is under 14yo, it is ALWAYS sexual abuse…but if the perpetrator is under 19 and the victim is less than 4 years younger, it’s not considered sexual abuse (e.g., 14yo vic and 18yo perp)

Question 2

Mandated reporting

Answer 2

Medical doctors
MHNPs
Social work
Psychologists, LPCs
Educators or school administrators 

Licensed psychologists and interns seeking licensure eventually SHALL report, other professionals MAY report

Question 3

Process of reporting abuse

Answer 3

Make the report (written and/or oral) immediately or within 24 hours

Have to notify the person in charge of the agency, who then notifies police or DA

Question 4

Immunity in abuse reports

Answer 4

Reporters of abuse are immune from civil or criminal liability, assuming the report is made in good faith and without malice

Question 5

Penalty for mandated reporters who do not report

Answer 5

Guilty of a misdemeanor

Question 6

Clergy exception to abuse reporting

Answer 6

Not required to report abuse if made during a confession

Question 7

Investigation differences in disabled/elder abuse

Answer 7

Different investigation process for abuse occurring in a long term care facility vs those made out in the community (but same reporting standards exist)