Transcript Mandatory Reporting of Adult and Child Abuse

Mandatory Reporting of
Dependent Adult Abuse
Mandated Reporters
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The following are mandated reporters of actual or
suspected dependent adult abuse – WIC § 15630(a)
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Any person who has assumed any responsibility for care or
custody of a dependent adult, whether or not that person
receives compensation, including: adult care custodians,
health practitioners, law enforcement agency staff, and adult
protective agency staff.
All PAI employees are mandated reporters. WIC §
15610.17(u)
If reporting would violate the attorney-client privilege, no
report need be made. The statute states specifically that it is
not to be interpreted as requiring an attorney to violate his or
her oath and professional duties. WIC § 15632(b) OCRA
staff presume that abuse-related communication by
consumers is confidential and subject to the attorneyclient privilege unless the consumer chooses to waive
What Must Be Reported
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incidents of:
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Abuse: physical, financial, sexual
Neglect
Abandonment
Abduction
Isolation
Treatment resulting in physical harm
that you have (1) observed, (2) had reported to you by
alleged victim, (3) have knowledge of that reasonably
appears to be, or (4) reasonably suspect;
WIC §15630(b)(1)
Exceptions to Mandated Abuse
Reporting
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Attorney client privilege;
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Where victim is a child; or
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2 mandated reporter exception:
When 2 or more mandated reporters are present and
jointly have knowledge or reasonably suspect abuse,
may mutually designate a reporter for the team (for both
telephone & written report).
WIC §15630(d)
3 Reporting Scenarios
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PWDD reports abuse to OCRA staff
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Did PWDD waive attorney client privilege thus authorize
reporting?
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Report of abuse of PWDD from another person
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Yes, report (verbal & in writing)
No, do not report
Regardless, complete DAD, including notes of conversation
Not privileged → report (verbal & in writing)
No investigation and no contact with alleged victim
Report of abuse of PWDD from regional center
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Did regional center report? Is regional center going to report?
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Yes, no need to report
No, report (verbal & in writing); no investigation or contact with alleged victim
Regardless, complete DAD, including notes of conversation
Reports
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Timelines – WIC § 15630(b)(1) - A telephone report is to
be made as soon as possible and a written report must
be sent within two (2) working days.
To the following agencies –
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In long term care facilities (except state health hospitals or
state developmental centers) to the local ombudsman or local
law enforcement agency.
In state mental health hospitals or in developmental centers
to the designated of the State Department of Mental Health
or Department of Developmental Services or to the local law
enforcement agency.
All other cases reports go to the adult protective service
agency or local law enforcement agency.
Contents of Reports
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Telephone Reports – WIC § 15630(e) – The name of the
person making the report, the name and age of the
dependent adult, the present location of the dependent
adult, the names and addresses of the person(s)
responsible for the care of the dependent adult, if
known, the nature and extent of the dependent adult’s
condition, the date of the incident and any other
information, including information that led to the
suspicion of abuse, requested by the agency receiving
the report.
Written Reports – Must be made on forms adopted by
the Department of Social Services.
Who Do I Report To?
Incident occurring in:
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Long term care facilities: to local ombudsman
and/or local law enforcement
Community: to adult protective services and/or
local law enforcement
Developmental centers/state hospitals: to DC
investigators and/or local law enforcement
WIC §15630(b)(1)
Penalties for Failure to Report
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Failure to report physical abuse, abandonment,
isolation, financial abuse, or neglect of a
dependent adult is a misdemeanor punishable
by imprisonment of no more than six months in
jail or a fine of no more than $1,000.00 or both.
Any mandated reporter who willfully fails to
report where that abuse results in death or great
bodily injury, is punishable by not more than one
year in county jail or by a fine or not more than
$5,000.00 or both.
PAI Policy and Practice
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Contact your supervisor (or another CRA supervisor) if
you are concerned the reporting will violate
confidentiality or privileged communication;
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If cannot reach supervisor, report & notify supervisor ASAP
after reporting
Must obtain okay from victim to make report based upon
attorney client privilege
Make copies of paperwork (SOC 341) for your supervisor
& CB
What To Report To The IU?
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For technical assistance in unusual circumstances
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Have you called your supervisor?
Do you have a release from the client?
Referral for investigation
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Pursuant to IU advocacy goals:
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Use of restraint/seclusion
Sexual assault
Incidents involving juveniles in corrections settings
Incidents in facilities
Failure of system to monitor or respond
When resulting harm is serious or life threatening
When in doubt, call or email any member of IU
Significant Other Details
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Okay for facilities to have internal reporting procedures if
they do not interfere with duties under this Act
WIC §15630(f)
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Negligent failure to report is punishable with fine (up to
$1000) and/or imprisonment (up to 6 months); attaches
to mandated reporter individually
WIC §15630(h)
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Willful failure to report is punishable with fine (up to
$5000) and/or imprisonment (up to 1 yr); attaches to
mandated reporter individually
WIC §15630(h)
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Mandated reporters are immune from liability for making
a required report
WIC §15634(a)
Definitions
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Dependent Adult –WIC §15610.23 – Any person whose age is between 18 and 64
who has physical or mental limitations that restrict his or her ability to carry out
normal activities or to protect his or her rights including, but not limited to, persons
who have physical or developmental disabilities or whose physical or mental abilities
have diminished because of age or a person who is admitted as an inpatient to a 24
hour health facility as defined in Health in & Safety Code.
Abuse of a Dependent Adult – WIC § 15610.07 – Physical abuse, neglect, financial
abuse, abandonment, isolation, abduction, treatment resulting in physical harm, pain
or mental suffering, or deprivation by a care custodian of goods or service that are
necessary to avoid physical harm or mental suffering.
Physical Abuse – WIC § 15610.63 – Assault, battery, assault with a deadly weapon,
unreasonable physical constraint or prolonged or continued deprivation of food or
water, sexual assault, and use of physical or “chemical” restraint, for period of time
beyond that for which the medication was ordered by the physician or psychiatrist, or
for any purpose not authorized by the physician.
More Definitions
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Neglect – WIC § 15610.57 – The negligent failure of any person having the
care or custody of a dependent adult to exercise that degree of care that a
reasonable person in a like position would exercise; or the negligent failure
of the person themselves to exercise that degree of care that a reasonable
person in a like position would exercise.
Financial Abuse – WIC § 15610.30 – A person including, but not limited to,
one who has the care of custody of, or who stands in a position of trust to,
a dependent adult, takes their money or property, to any wrongful use, or
with the intent to defraud or when a third party, in bad faith, takes from a
dependent adult, property which belongs to that person and without good
cause, fails to return the property upon request of the dependent adult or
his or her representative or court receiver.
Abandonment – WIC § 15610.05 – The desertion or willful forsaking of a
dependent adult by anyone having care or custody of that person under
circumstances in which a reasonable person would continue to provide care
and custody.
Mental Suffering - WIC § 15610.53 – Fear, agitation, confusion, severe
depression, or other forms of serious emotional distress that is brought
about by threats, harassment, or other forms of intimidating behavior.
Even More Definitions
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Goods and Services Necessary to avoid Physical Harm or
Mental Suffering – The provision of medical care for
physical and mental health needs, assistance in personal
hygiene, adequate clothing, adequately heated and
ventilated shelter, protection from health and safety
hazards, protection from malnutrition, and transportation
and assistance necessary to secure any of the needs set
forth above.
Care Custodian – WIC § 15610.17 – The administrators
or employees of any public or private facilities or
agencies or persons providing any kind of care or
services for dependent adults, including members of the
support staff and maintenance staff.