Transcript ANE – Annual - KIPBS Modules

Abuse, Neglect and
Exploitation
Adapted from a presentation developed by
Tri-Valley Developmental Services (TVDS) and
shared with KIPBS by Julie Kent from Cohort 6
A Brief Profile of Abuse
• 18,000 children a year become disabled as a
direct result of abuse: 1500 per month, 50 a day
• It is estimated that 25-27% of children with
disabilities sustained these disabilities as a direct
result of abuse (Baladarian, 1991)
• A child with a functional disability has 7 times
greater risk of being abused (NCCAN Report,
1993)
• The incidence of maltreatment among
children with disabilities was 1.7 times
higher than for children without disabilities
(Beach Center, 1995)
• 85-95 % of persons with developmental
disabilities have been abused at some time
in their lives (Baladarian & Duehn,1996)
Adults with a developmental disability are
one and one half times more likely to be
abused than adults without a
developmental disability (D. Sobsey,1994)
 98.9 % of the time, the victim knows the
offender (W. Duehn, PhD., University of Texas)
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Stress Alarm Signals
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Minor hassles seem
like a big deal
Problems are
overwhelming
Major changes in life:
promotions, job
changes, moving,
birth of a child,
holidays, etc.
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Options seem few or
non-existent
Individual feels…
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He/she is alone
 No one seems to care
 No one will listen, such
as family, friends, work
colleagues, etc.
What is abuse?
Physical Abuse: Any act (or failure to act)
performed intentionally or recklessly that
causes, or is likely to result in, harm to an
individual including:
 infliction
of physical or mental injury;
 unreasonable use of restraint;
 isolation that harms or is likely to harm the person;
 medication that harms or is likely to harm the person; and
 unreasonable use of physical or chemical restraint
(psychotropic meds) or isolation as punishment, in direct
conflict with a physician’s orders or in substitution for
treatment [of more concern for adults with disabilities in placements]
Sexual Abuse: Any sexual act between an
adult and a minor (under age of 16 in
Kansas) or between two minors when there
is a five-year or more age difference
between the older perpetrator and the minor
victim; or when anyone over 16 yrs. old does
not consent; or when the perpetrator knows
or should know that the victim is incapable of
resisting or declining consent to the sexual
act due to mental deficiency or disease or
due to fear of retribution.
Verbal Abuse: A threat or menacing
conduct directed towards an individual that
results or might reasonably be expected to
result in fear, or emotional or mental
distress to the person. Verbal abuse
refers to any degrading, dehumanizing,
menacing or threatening communication
used against an individual.
Neglect is a failure to….
Act responsibility as a caregiver/parent
 Provide proper nutrition, adequate shelter,
and appropriate clothing
 Provide and coordinate medical care,
oversight of medications, health and safety
 Protect from social and physical danger
 Provide education, services and supports
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Exploitation is….
Misappropriation of an individual’s
property, or
 Intentionally taking unfair advantage of an
individual’s physical or financial resources
for another person’s financial or personal
advantage by the use of undue influence,
coercion, harassment, duress, deception,
false representation, or false pretense by a
caretaker or another person.
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Who is a mandatory reporter?
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Professionals-in-training
enrolled in KIPBS program
Doctors
Psychologists
Social workers
Nurses
Teachers
Staff working in community
agencies; e.g. residential,
employment, mental health
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Law enforcement
Case managers
Guardians or conservators
Bank trust officers
Rehab counselors
Administrative officers for a
medical care facility
Operators of care facilities
Mandated Reporting
You are a mandatory reporter of Abuse,
Neglect, and Exploitation
 Two reporting centers (Wichita & Topeka)
 Call-takers are no longer able to tell if the
child/adult receives HCBS and should
contact SRS
 If the person has a disability (physical,
emotional, intellectual), tell the call-taker
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When should you call?
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Evidence of ANE is serious enough for medical
or legal intervention by authorities
Unexplained patterns of incidents that may
indicate abuse or neglect is happening
Suspected criminal involvement
Person tells you they have been abused or
neglected
Violations observed of denying a person’s rights,
or the unauthorized use of restrains, seclusion,
or psychotropic medications
What are the steps for the mandatory
reporting of possible ANE?
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Call the Kansas Protection Report Center (PRC) hotline, if
you suspect a child is being abused or neglected in Kansas
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Cell phone users should call 785-296-0044
If calling in Kansas but outside of Topeka, call (800) 922-5330
If calling in Topeka or outside of Kansas, call (785) 296-2561/0044
If the child has a disability, call the CDDO after the hotline
If the child has a disability and also receives waiver services
of some type, contact the appropriate SRS Performance
Improvement staff person
PRC phone lines are staffed 24 hrs. a day/7 days a week
All calls must be made within 24 hours of the incident!
Every call is taken seriously & every effort will be made to
protect your identity. In an emergency, call 911 or local law
enforcement.
Mandated Reporting--Waiver
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Also report if you know the child is on any waiver
Check interactive maps or the table for the Performance
Improvement Coordinator for the region the child lives in
MR/DD
http://www.srskansas.org/hcp/css/pdf/Regional_Map_DD_QA_PI.pdf
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PD/TBI/TA
http://www.srskansas.org/hcp/css/pdf/Regional_Map_DD_QA_PD.pdf
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Mental Health
http://www.srskansas.org/hcp/MHSIP/pdf/MH_PI_QA_sups_directory.pdf
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If it is known that the child is on the MR/DD waiver, the CDDO
would also like to know about the report.
http://www.srskansas.org/hcp/css/CDDOMap.htm
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When a report of abuse or neglect is made to SRS, an Initial
Assessment is completed to determine if SRS should become
involved. If the report meets the criteria for SRS involvement, it is
investigated by a social worker or special investigator. Law
enforcement may also investigate if a social worker is not
available or a joint investigation is warranted. If it is determined
that a child's safety is at risk, then a recommendation is made by
SRS or law enforcement to the court regarding the necessary
action that should be taken. The court is ultimately responsible
for the decision to remove a child from the home. This may
require placing the child in foster care or with a relative. When
making a recommendation to remove a child, SRS must weigh
the emotional harm of being removed from the home, with the
likelihood of harm if the child remains in the home.
Child Protective Services (CPS) may also be provided in nonabuse or neglect situations, without proper parental care and
control, truancy, and runaways. Investigations often result in
families being referred to services such as family preservation,
foster care, or other services available in the community.
Do not wait.
 Do not hesitate.
 You must act now.
 You must act immediately.
 You don’t need to get anyone’s permission
to make the calls.
 It is the responsibility of Kansas SRS to
make the determination of abuse, neglect
or exploitation—not you!
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Website Information
Guide to Reporting Child Abuse &
Neglect:
http://www.srskansas.org/CFS/Child%2
0Abuse%20Reprting%20Guide.pdf
 http://www.srskansas.org/CFS/Program
%20Descriptions/programs.htm#ChildP
rotectiveServices
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Rights of the Reporter
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Your name will be kept
confidential
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No punitive action will be
taken against you for
reporting, if it is done in
good faith
You have immunity for
reports made in good
faith
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“Good faith” means that
your intentions were to
protect the health, safety
and well-being of the
dependent person
You must provide factual
information
You do not determine
guilt or innocence
Rights of the Individual Accused of
Abuse, Neglect & Exploitation
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To be treated with dignity and respect.
To ask authorities to identify themselves.
To be informed of their rights.
To know the allegations against them.
To be informed of legal process.
To be informed of findings of investigation.
To appeal any confirmation of findings.
To obtain legal counsel, if desired.
SUMMARY
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Any KIPBS professional-in-training who
suspects that abuse, neglect or exploitation is or
has taken place, shall immediately take
appropriate action to ensure that any involved
child or children (or person[s] during case
studies) are protected while an investigation is
conducted.
Professionals-in-training shall immediately report
any incident of suspected abuse, neglect or
exploitation, directly or anonymously to a SRS
Protection Report Center—the two state Centers
are staffed 24 hrs. a day/7 days a week.
Any questions?