Reporting Abuse\ Flashcards
Child Abuse Reporting
Must report known or SUSPECTED cases of abuse and neglect of children/adolescents under the age of 18, including minors who are emancipated.
Report must be made whether perpetrator is an ADULT or a CHILD.
When and how to make a report
Mandated report will report to agency within their professional capacity or scope of their employment, if they have knowledge or observes a child whom the mandated reporter at least SUSPECTS has been the victim of child abuse ro neglect.
Report is made immediately or as soon as practicably possible by telephone, with written followup within 36 hours of receiving report.
Reasonable suspicion
objectively reasonable for a person to entertain a suspicion, based upon facts that could cause a reasonable person in a like position, drawing, when appropriate, on their training and experience, to suspect child abuse or neglect. Pregnancy of a minor does NOT in and of itself constitute a basis for a reasonable suspicion of sexual abuse.
Agencies authorized to receive reports
Police department or sheriff’s department (not including school district police or security)
If designated by the county to receive mandated reports
County welfare department (also referred to as county welfare service agency (CWS) and child protective services (CPS)
Abuse that MUST be reported
a) Physical abuse - physical injury or death inflicted other than accidental
b) Sexual abuse - assault or exploitation, rape, statutory rape, rape in concert, incest, sodomy, lewd of lascivious acts, oral copulation, sexual penetration, child molestation.
Exploitation includes preparing, selling, or dsistributing pornographic materials depicting a minor engaged in an obscene act
c) Consensual intercourse (see other slide, suspicion of non-consensual intercourse)
d) Willful harm or injury
e) Unlawful corporal punishment or injury
f) Neglect
Reporting consensual sexual intercourse involving a minor
Mandated reporters must report sexual intercourse or other sexual activity with a minor under 18 years when they have a reasonable suspicion that the activity was not consensual, even when the minor claims it was consensual and regardless of the partners age.
Always report when minor is under 14 years of age and partner is 14 years or older
Minor is 14 years of age and partner is 24 years of age or older
Minor is 15 years of age and the partner is 25 years of age or older
Willful harm or injury
Situation in which any person willfully causes or permits any child to suffer, or inflicts thereon, unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of the child to be placed in a situation in which their person or health is endangered
Unlawful corporal punishment or injury
Cruel or inhuman corporal punishment resulting in a traumatic condition
does NOT include force that is reasonable and necessary for a person employed by or engaged in a public school to quell a disturbance threatening physical injury
Neglect
Negligent treatment or maltreatment of a child by a person cresponsible for the childs welfare
Abuse that MAY be reported
May, but not required to report “serious emotional damage”
Sharing confidential information with multidisciplinary personnel teams
Members of team engaged in prevention, identification, management or treatment of child abuse or neglect may disclosre and exchange information and writing relating to any incidents of child bause
Immunity from liability for making a required report
Mandated reporters have immunity from criminal and civil liability for making a report authorized by the child abuse and neglect reporting act even if acquired outside professional capacity or scope of employment
Liability for failing to make required report
Criminal penalties
May lead to civil liability and disciplinary action by licensing board
six months and/or $1,000 fine
Willfully failing to report or impede report of abuse where abuse results in death or great bodily injury punished by not more than 1 year and fine of no more than $5000
Notifying clients about the report
Mandated reporters are not legally required to tell involved individuals they are filing a report, however if psychologist foresees a future therapeutic relationship it is usually best to advise them of the intent to make a report unless doing so is contraindicated
Adults who were abused as children
Unless victim is still under 18 mandated reporter is not required to file a report for that individual
Possibility that adult clients abuser may be currently victimizing other children and reasonable suspicion, must file a report.
Cultural issues
must be sensitive to clients cultural or religious values before evaluating if clients behavior constitutes child abuse or neglect. Must still abide by the requirements of the reporting act.
Third party information
If learn about child abuse from a third party, must make report if it was done in their professional capacity
Elder
Any person who is 65+
Dependent adult
Ages 18-64, residing in CA with physical or mental limitations that restrict their ability to carry out normal activities, protect their rights, physical or developmental disabilities, or physical or mental abilities that have diminished because of age, or who is admitted as an inpatient to a 24 hour health facility
When to make an elder abuse report
Mandated reporter in professional capacity or scope of employment has observed, has knowledge of, or has been told by an elder/dependent adult that the adult has experienced behavior, including an act or omission, consituting physical abuse, abandonment, abduction, isolation, financial abuse, or neglect, or reasonably suspects that abuse
Mandated reporter is NOT required to file a report when the reporter has been told by an elder or dependent adult that they experienced an act that constitutes reportable abuse but ALL the following conditions apply:
a) adult received Dx of dementia or mental illness or subject of court-ordered conservatorship because of dementia or mental illness
b) Based on clinical judgment mandated reporter reasonably believes that abuse has not occurred
Reporting spousal/partner abuse
Only if they learn in course of practice the partner being abused is an elder or dependent adult or is undder the age of 18 (must file as elder, dependent adult, or child abuse)
Agencies authorized to receive reports (adults)
Long term care facility -> local law enforcement within 2 hours, local ombudsman, corresponding licensing agency
State mental hospital/developmental center -> Designated investigators of state department of state hospitals, or local law enforcement
Abuse that MUST be reported (elder/dependent)
Physical abuse (assault, battery, deadly weapon, physical constraint/prolonged deprivation of food and water, sexual assault, physical or chemical restraint, medication for punishment beyond what medication is designated for
Abandonment: Desertion or willful forsaking of elder/dependent adult by anyone having care or custody of that person
Abduction: Removing elder or dependent from CA or restraining them from returning to CA when they do not have capacity to consent to the removal or restraint
Isolation: Deliberatly preventing elder/dependent from receiving their mail, calls, telling visitors adult is not present or wants to talk to them, false imprisonment
Financial abuse: Person or entity takes, secretes, appropriates, or retains real or persona property of an elder or dependent adult to a wrongful use or with intent to defraud
Neglect: Failure to care/custody of elder/dependent that is reasonable to provide (hygiene, food, shelter, safety)
Abuse that MAY be reported (adults/dependents)
Not mandated abuse that may have been inflicted on elder or dependent adult
Sharing confidential information (multidisiplinary personnel teams)
disclose information tp reporting party as needed
Immunity from making report (elder/dependent)
Mandated reporters not civilly or criminally liable for making a report that is authorized by law and any other person who makes a report is not civilly or criminally liable unless it can be proven they knew the report was false
Liability for failing to report (elder/dependent)
Criminal penalties
not more than 6 months in county jail
not more than $1,000
