Cpse Ch 8 Reporting Abuse

Front 1

must report known or suspected cases of abuse/neglect in children and adol.

Back 1

under the age of 18, even if emancipated. perp. can be adult or child.First report by phone, then send (letter/fax) within 36 hrs of receiving info.

Front 2

Is pregnancy for a minor a report?

Back 2

not necessarily

Front 3

Who are reports made to?

Back 3

police, sheriff, (not school district police or security), county probation, or county welfare office

Front 4

Child abuse (def)

Back 4

physical injury or death; sexual abuse (inc. assault and exploitation). Assault=rape, statutory rape, rape in concert, incest, sodomy, lewd or lascivious acts, oral copulation, sexual penetration, molestation. Exploitation=preparing, selling, distributing porn materials involving a minor, employing a minor to perfrom in pron, or employing/coercing a child to engage in prostitution.

Front 5

Ages for reporting sexual abuse:

Back 5

-Both under 14 and similar in age: not reportable
-14 or 15 + over 14 but under 21=not reportable
-Both 16 or older=not reportable

Front 6

Lewd and lascivious acts

Back 6

must always be reported when minor is 14 or under and perp is 14 or older.

Front 7

If it seems not consentual (despite what client says)...

Back 7

make the report

Front 8

Lewd and lascivious acts: don't report when

Back 8

the minor and partner both under 14;
minor is 14 or 15 and partner is no more than 10 yrs older than minor

Front 9

touching a child under or over clothes "with the intent of arousing, appealing to, or gratifying the lust, passions or sexual desires of [the accused] or the child."

Back 9

def of lewd and lascivious acts

Front 10

Unlawful corporal punishment or injury

Back 10

cruel or inhuman corporal punishment or injury resulting in a traumatic condition.

Front 11

Neglect

Back 11

negligent tx or maltreatment of a child by a person responsible for their welfare. "Severe" severe malnutrition or medically dx nonorganic failur to thrive. "General Neglect" is failure to provide food,c clothing, shelter, medical care, or supervision.

Front 12

Do we report "serious emotional damage?

Back 12

don't have to but may.

Front 13

"Serious physical harm" def does NOT include...

Back 13

age-approp. spanking of the butt w/ no evidence of serious physical injury; not receiving medical tx due to religious reasons is not necessarily reportable; fetal abuse is not reported in CA.

Front 14

Immunity from liability

Back 14

applies even when knowledge is obtained outside of prof. capacity or scope of employment. Only problem would be if report was knowingly false or made w/ reckless disregard of the truth of falsity of the report.

Front 15

What happens when you don't make a report? (criminal penalties)

Back 15

Misdemeanor; 6 mo. confinement in county jail or a fine of $1000 or both. If you intentionally conceal a failure to report, the failure to report is a continuing offense.

Front 16

If a failure to report results in death or great bodily injury...

Back 16

not more than 1 yr in jail and not more than $5000 or both

Front 17

do you have to tell client you filed a report?

Back 17

not legally. is usually best to tell them if you think there might be a future therapeutic relationship (unless you think they'll go violent)

Front 18

Adults abused as children?

Back 18

Only have to report if victim is under 18; however, be alert to the fact that the perp may be victimizing other children. Then you may need to report. Can call CPS anonymously for guidance.

Front 19

third-party Info

Back 19

If you learn of abuse from a third party and you are at work (working) you must make a report. If you heard at the grocery store, you are not legally obligated but you may choose to report as a private citizen.

Front 20

Elder Abuse

Back 20

65 yrs or older; abuse could be physical, abandonment, abduction, isolation, financial or neglect. Report by phone immediately or as soon as practicably possible, and send in report within 2 working days.

Front 21

Dependent Adult

Back 21

any person b/w age of 18-64 w/ phys and mental limitations

Front 22

Reporting is the same as elder abuse?

Back 22

yes

Front 23

Abuse occurred in long-term care facility (except mental hosp or dev center)

Back 23

make report to local ombudsperson or local law enforcement agency

Front 24

If occurred in state mental hosp. or dev. center

Back 24

make to designated investigators of State Dept of Mental Health or State Dept of Dev. Services or local law enforcement

Front 25

If anywhere else...

Back 25

adult protective services or local law enforcement

Front 26

When do you NOT file a report for elder/dep. adult?

Back 26

(all conditions must be met)
1. told by an elder or dep adult that they have exp. physical abuse
2. therapist is not aware of independent evidence to corroborate statement
3. victim dx w/ mental illness or dementia, or is the subject of a court-ordered conservatorship bc of the mental illness or dementia
4. clinical judgment reasonably believes that abuse didn't occur

Front 27

mandated spousal/partner abuse

Back 27

only when the partner abused is an elder or a dependent or is under the age of 18.

Front 28

Elder/Dep. Abuse Defined:

Back 28

1. physical abuse, neglect, financial, abandonment, isolation, abduction, physical harm or pain or mental suffering
2. deprivation by a care custodian of goods or services necessary to avoid physical harm or mental suffering. Physical or chemical restraint (either for intended purpose but beyond dr's orders or not per drs orders)

Front 29

Isolation

Back 29

preventing telephone calls, mail, preventing visitors, false imprisonment, physical restraint. These would not be
"isolation" if ordered by a physician or perceived threat of danger to property or for safety.

Front 30

other reporting considerations...

Back 30

make report if they are unable to satisfy their needs due to poor cog. ftning, mental limitation, substance abuse, or chronic poor health

Front 31

Liability for Failing to Make a Report for Elder/Dep Adult

Back 31

Misdemeanor, not more than 6 mo in jail or a fine of not more than $1000 or both. If results in death or great bodily injury, not more than 1 yr in county jail or a fine of not more than $5000 or both (same as child).

Front 32

Do you report emotional abuse is elder abuse?

Back 32

Nope, not required, but you can