Reporting Abuse

Question 1

A. Child Abuse Reporting

Answer 1

Psych’s must report known/suspected cases of abuse and neglect of children and adolescents under the age of 18, included minors who are emancipated. A report must be made whether a person is an adult or child

Question 2

1. When and How to Make a Report

Answer 2

mandated reporter makes a report whenever, in his or her professional capacity or within the scope of employment, has knowledge of a child reasonably suspects has been a victim of abuse/neglect

Question 3

When to make a report

Answer 3

Mandated report shall make an initial report to the agency immediately or as soon as it is practicably possible by phone and the mandated reporter shall prepare and send, fax or electronically transmit a written followup report thereof within 36 hrs of receiving the info concerning the incident.
–the report may include nonpriveledged evidence

Question 4

Reasonable suspicion

Answer 4

it is objectively reasonable for a person to entertain a suspicion, based on facts that could cause a reasonable person in a like position, drawing, when appropriate. to his training/experience, to suspect abuse.

Question 5

When 2 or more person know of abuse

Answer 5

when 2 or more, when required to report, jointly have knowledge of a known or suspected instance of child abuse/neglect, and when there is agreement month them, the phone report be made by a member of the team selected by mutual agreement and a single report may be made and signed by the selected member of the reporting team; Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report.

Question 6

2. Agencies Authorized to Receive Report

Answer 6

reports of suspected child abuse/neglect shall be made…to any police dept/sheriff’s dept, not including a school district police/security dept, county probation dept, if designated by the county to receive mandated reports, or the county welfare dept (CPS)

Question 7

3. Abuse that MUST be reported

Answer 7

a. Physical Abuse: physical injury/death inflicted by other than accidental means on the child by another person; physical abuse does not include mutual affray between minors or reasonable/necessary force used by a peace officer within his course/scope of employment as peace officer.

b. Sexual Abuse: includes sexual assault and sexual exploitation.
Sexual assault: includes rape, statutory rape, incest, sodomy, lewd/lascivious acts, oral copulation, penetration and child molestation.
Sexual exploitation: preparing, selling, distributing porn depicting minors engaged in obscene acts, employing a child to perform obscene….knowingly streaming, downloading, …”

Question 8

Lewd and Lascivious acts

Answer 8

involving a minor must always be reported regardless of consent when

a) minor is under 14 and the partner is 14 years or older
b) minor is 14 y/o and partner is 24 or older
c) minor is 15 y/o and partner is 25 or older

Question 9

c. Willful harm or injury

Answer 9

refers to a situation in which any person willfully causes/permits any child to suffer, or inflicts theron, unjustifiable physical pain or mental suffering, of having the care of custody of any child, willfully causes or permits the person or health of the child to be placed in a situation in which his/her person or health is endangered.
NOTE: fetal abuse is not reportable child abuse in CA, and consequently therapists use consider other options for protecting unborn child).

Question 10

d. Unlawful corporal punishment or injury

Answer 10

when any person willfully inflicts upon any child any cruel or inhuman corporal punishment or injury resulting in a traumatic condition.

It 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 to person or damage property, for purposes of self-defense or to take a weapon.

Also NOT included is reasonable or age-appropriate spanking to the buttocks where there is no evidence of serious physical injury

Question 11

e. Neglect

Answer 11

negligent tx or maltreatment of a child by a person responsible for the child’s welfare under circumstances indicating harm or threatened harm to the child’s health or welfare…includes both acts and omissions on the part of the responsible person.

Severe neglect–negligent failure of a person having custody of a. child to protect a child from severe malnutrition or medically diagnosed nonorganic failure to thrive.

General neglect–negligent failure of a person providing food, clothing, shelter, medical care, or supervision where no physical injury has occurred.

• -Receiving tx only by spiritual means or not receiving tx for religious reasons does not in itself constitute neglect.
• -leaving a child unsupervised is not necessarily neglect unless it involves harm or threatened harm to the child’s health or welfare.

Question 12

4. Abuse that MAY be Reported

Answer 12

Psych’s may–but are not required to–report serious emotional damage.
–any mandated reported who has knowledge/reasonably suspects a child is suffering serious emotional damage or is at substantial risk of suffering serious emotional damage, evidenced by states of being or behavior, including, but not limited to, severe anxiety, depression, withdrawal, or untoward aggressive bx toward self/others, may make a report.

Question 13

5. Sharing of Confidential Information with Multidisciplinary Personnel Teams

Answer 13

team members may disclose and exchange info and wirtingings to one another relating to any incidents of child abuse that may also be part of a juvenile court record…if the member of the team..beleives it is generally relevant to prevention, identification, management, or tx of abuse, or provision of welfare services. All discussions are confidential

Question 14

6. Immunity From Liability for Making a Required Report

Answer 14

mandated reporters have immunity from criminal/civil liability for making a report authorized by Child Abuse and Neglect Reporting Act and that this immunity applies even when the knowledge or reasonable suspicion of abuse was acquired outside of the reporter’s professional capacity or scope of employment.
–any other person who makes a report of child abuse has immunity unless the report is proven to be false and that the person knew it was false.

Question 15

7. Liability for Failing to Make a Required Report of Child Abuse

Answer 15

–Criminal penalties may be imposed on a mandated reporter who fails to make a required report of child abuse: Punishable by 6 mo in jail or fine of $1000 or both;
When abuse results in death or great bodily harm, punishable by not more than 1 year, fine of $5000 or both.
–Failure to report may also lead to civil liability as well as disciplinary action by licensing board.

Question 16

8. Notifying Clients about the Report

Answer 16

Psych’s are NOT legally required to tell individualizing that that are filing a report. However, if psych forces future therapeutic relationships with indiv, it is usually best to advise them of intent to make report, unless doing so is contraindicated

• -can do this in the form of exception to conf in office policy form or NOPP before tx begins, and then if reported during tx, therapist can remind client it’s in the NOPP.
• -If tx continues after filing report, therapist has to rebuild trust

Question 17

9. Adults who were abused as children

Answer 17

Unless victim of abuse is under age 18, a mandated reported is NOT required to file a report. However, psych’s should be alert to possibility that the abuser may currently be victimizing children so if reasonable suspicion arises, they MUST file a report.

• -When in doubt, psych can call CPS and ask for guidance
• -A psych may also advise a client to file assault charges–esp if beneficial for therapy with client to take control by confronting and going through legal system (important to inform clients of negative consequences in these cases)

Question 18

10. Cultural Issues

Answer 18

Psych’s MUST be sensitive to cultural/religious issues values/beliefs when evaluating if client experienced abuse/neglect. However you must abide by laws.

Question 19

11. Third-Party Information

Answer 19

When psych learns about child abuse form 3rd party, they must take a report if info is revealed to them in their professional capacity.

Question 20

B. Elder and Dependent Adult Abuse

Answer 20

Elder: anyone who is 65 and older an resides in CA.
Dependent adult: anyone between ages of 18-64 who resides in CA AND has physical/mental limitation that restrict their ability to carry out normal activities or to protect their rights…person who have physical/developmental disabilities…or who is admitted as an inpatient to 24 hr health facility.

Question 21

1. When and How to Make a Report

Answer 21

mandated reporter who, in professional capacity, has observed, has knowledge of an incident, or has been told by an elder or dept adult that the person “has experienced bx, including act of omission, physical abuse, abandonment, abduction, isolation, financial abuse, neglect, or reasonably suspects abuse, MUST report abuse by phone or thought conf internet tool, immediately or as soon as practicably possible. If reported by phone, written report shall be sent, within 2 working days

Question 22

Mandated reporter NOT required to report elder/dept abuse when….

Answer 22

• -mandated reporter does not have info corroborating abuse
• -adult is dx with dementia, mental illness, or conservatorship b/c of illness
• -based on clinical judgment and they believe that the abuse did not occur

Question 23

Mandated to report abuse when spousal/partner situation….

Answer 23

Cases of spousal/partner abuse that they learn about in the course of their practice only when partner being abused is an elder or dept adult, or is under 18.

Question 24

Long Term Care Facility–physical abuse WITH serious injury

Answer 24

Phone local law enforcement immediately (no later than within 2 hrs), and written report to ombudsman, licensing agency and law enforcement within 2 hrs

Question 25

Long Term Care Facility–physical abuse WITHOUT serious injury

Answer 25

Phone local law enforcement within 24 hrs and written report to ombudsman, licensing agency and law enforcement within 24 hrs.

Question 26

Long Term Care Facility–physical abuse WITHOUT serious injury to be caused by a resident with dimentia

Answer 26

Phone local ombudsman or law enforcement agency as soon as possible and written report within 24 hrs.

Question 27

Long Term Care Facility–abuse other than physical abuse

Answer 27

Phone and written report to local ombudsman or local law enforcement agency

Question 28

State mental health hospital/development center–abuse/neglect involving death, sexual assault, assault with weapon by nonresident, injury to genitals when cause is unknown or broken bone when cause is unknown

Answer 28

Phone report to designated investigator of state dept of state hospitals or state dept of developmental services AND to local law enforcement agency immediately (no later than within 2 hrs)

Question 29

State mental health hospital/development center–all other types of abuse or neglect

Answer 29

Phone report to designated investigator of state dept of state hospitals or state dept of developmental services OR to local law enforcement agency immediately (no later than within 2 hrs)

Question 30

Any other location of abuse–all types of abuse

Answer 30

Phone report to adult protective services or local law enforcement immediately AND written report within 2 working days

Question 31

3. Elder abuse that MUST be reported

Answer 31

A. PHYSICAL ABUSE: assault, battery, assault with deadly weapon, unreasonable constraint, deprivation of food/water, sexual assault of all kinds, physical/chemical restraints
B. ABANDONMENT: willful forsaking of an elder/dept adult by anyone having care of that person under circumstances in which reasonable person would cont to provide care.
C. ABDUCTION: removing elder/dept adult from A or restraining them from returning to CA when they do not have capacity to consent to remove restrains or when conservator has not consented
D. ISOLATION: deliberately preventing them from receiving mail or phone calls, telling caller that elder does not want to talk with them, preventing elder from contact with family/friends/concerned indiv, false imprisonmnet, preventing visitors, etc.
E. FINANCIAL ABUSE: person takes, secretes, appropriates, or personal property of elder/dept adult to wrongful use to defraud them
F. NEGLECT: negligent failure of having care of elder; includes failure to assist with hygiene, food, clothing, shelter, physical/mental health, or protect elder from health/safety hazards from malnutrition/dehydration. Also includes self-neglect that is result of impaired cognitive fixing, substance abuse, health.

Question 32

4. Abuse that MAY be reported

Answer 32

Psych’s MAY report when they have knowledge/reasonably suspects “types of elder/dept abuse for which reports are not mandated have been inflicted upon person, or that their emotional well-being is endangered

Question 33

5. Sharing of Confidential Info with Multidisciplinary Personnel Teams

Answer 33

reports of suspected elder abuse may be disclosed to persons whom disclosure of info or identify of reporting party is permitted, persons who are trained/qualified on mulitdisciplinary team may share info but keep in confidential that ensures maximum protection of privacy

Question 34

6. Immunity from Liability for Making Required Report

Answer 34

mandated reporters are NOT civilly or criminally liable for making a report, and others who make reporting are not liable unless it can be provided that they knew the report was false.

Question 35

7. Liability for Failing to Make a Required Report of Elder/Dept Abuse

Answer 35

criminal penalties may be imposed on mandated reporters who fail to make report.

• -Misdemeanor punishable by not more than 6 mo in county jail, by a fine of not more than $1000, or both fine and imprisonment.
• -If results in death or serious injury, punish. able by not more than 1 year in county jail, fine of not more than $5000, or both fine and imprisonment.