Abuse rptg handout - Disability Rights California

Report
Mandated Reporting of Elder and
Dependent Adult Abuse & Neglect
Leslie Morrison
Director, Investigations Unit
Disability Rights California
[email protected]
(510) 267-1200
February 2013
Who’s covered?
Elders & Dependent
Adults

Dependent adult

CA resident btw [inclusive of]
18 & 64 years who:


has physical or mental
limitations that restrict ability
to carry out normal activities
or protect his/her rights OR
is admitted as inpatient
facility to 24 hour health
facility
WIC §15610.23

Elder

CA resident 65 years or
older
WIC §15610.27
Who has to report?
“Mandated Reporter”

Any person provides care or
services for an elder or dependent
adult.
WIC §15630(a)

All PRA employees
“Offices of patients’ rights advocates,
including attorneys”
WIC §15610.17(r)

Many others including facility staff,
ILC staff, home health agencies,
fire department, protective services
& mental health agencies,
employees of financial institutions,
clients’ rights advocates, …
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What must be reported?

Incidents of:







Abuse: physical, financial, sexual
Neglect
Abandonment
Abduction
Isolation
Treatment resulting in physical harm
Self neglect

That, in your professional capacity or within the scope of
your employment,

You have (1) observed, (2) had reported to you by
alleged victim, (3) have knowledge of what reasonably
appears to be, or (4) reasonably suspect occurred.
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WIC §15630(b)(1)
Definitions: WIC §15610
Abuse: (a) physical abuse, neglect, financial abuse, abandonment,
isolation, abduction, or other treatment with resulting physical harm or
pain or mental suffering;
(b) deprivation by a care custodian of goods or services that are
necessary to avoid physical harm or mental suffering. WIC §15610.07
Physical Abuse: assault, battery, assault with a deadly weapon,
unreasonable physical constraint, sexual assault
(f) restraint used for punishment or convenience or beyond MD
order or for any purpose not authorized by MD. WIC §15610.63
Abandonment: desertion or willful forsaking of an elder or dependent adult
by anyone having care or custody of that person under circumstances
in which a reasonable person who continue to provide care and
custody. WIC §15610.05
Financial abuse: take, secret, appropriate, or retain real or personal
property for wrongful use &/or with intent to defraud. WIC §15610.30
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Abduction: removal from state & restraint from returning. WIC §15610.06
Isolation: (a)(1) intentionally prevent from receiving mail or phone calls;
(2) false statement telling a visitor that individual is not present or does not
wish to talk/meet with caller for purpose of preventing contact
(3) false imprisonment; physical restraint to prevent from meeting visitors
(4) physical restraint to prevent meeting with visitor WIC §15610.43
Neglect: the negligent failure by any person having responsibility for care or
custody to exercise that degree of care that a reasonable person in a like
position would exercise and includes

Failure to assist in person hygiene or provision of food clothing or shelter

Failure to provide medical care for physical or mental health needs

Failure to protect from health and safety hazards

Failure to prevent malnutrition or dehydration WIC §15610.57
Self Neglect: the negligent failure of the individual to exercise that degree of self
care that a reasonable person in a like position would exercise…. (see bullets
above)
(b)(5) Failure of elder or dependent adult to satisfy the needs specified
above for him/herself as a result of poor cognitive functioning, mental
limitation, substance abuse, or chronic poor health. WIC §15610.57
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When to Report & Why
1.
2.
Consider attorney client privilege….
Make a telephone report….

If person is in immediate danger, call 911

Otherwise… (see next slides)
File written report [SOC 341 - abuse report form]
http://www.dss.cahwnet.gov/getinfo/acin03/pdf/I-80_03.pdf
3.
You have no duty to investigate!
Why report? These are crimes. Folks are in danger. You are
mandated by law and you may be liable for failing to
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report.
When & to Whom to Report
Varies with where incident occurred and type & severity of incident
1. Physical or Sexual Abuse in Long Term Care Facilities
a. Results in serious bodily harm –


Call law enforcement IMMEDIATELY (within 2 hours)
File written report within 2 hours to: (1) law enforcement;
(2) local ombudsman; and (3) licensing.
b. Does not result in serious bodily harm


Call law enforcement within 24 hours
File written report within 24 hours to: (1) law enforcement;
(2) local ombudsman; and (3) licensing.
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Sexual [Abuse] Assault: sexual battery, rape, rape concert, spousal
rape, incest, sodomy, oral copulation, sexual penetration, lewd or
lascivious acts.
Welf & Inst. Code §15610.63(e).
Long Term Care Facility: a skilled nursing facility, ICF, IMD,
congregate living health facility (not hospitals unless distinct part
of hospital that provide SNF or ICF services), community care
facility (including residential care with 24 hour non-medical care),
day treatment, adult day care, and adult day health care), and
residential care facilities for the elderly but not a state psychiatric
hospital or state developmental center. Welf & Inst. Code §15610.47.
Serious Bodily Injury: an injury involving extreme physical pain,
substantial risk of death, or protracted loss or impairment of
function of a bodily member, organ, or of mental faculty or
requiring medical intervention, including, but not limited to,
hospitalization, surgery, or physical rehabilitation.
Welf & Inst. Code §15610.67
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[Physical or Sexual Abuse in Long Term Care Facilities]
c. Cause by another resident with dementia & no
serious bodily harm


Call law enforcement or ombudsman immediately
or as soon as practicably possible
File written report within 24 hours to law
enforcement or local ombudsman
2. All other reportable events (neglect, abandonment,
abduction, isolation, financial abuse) occurring in long
term care facilities


Call law enforcement or ombudsman immediately
or as soon as practicably possible
File written report within 2 working days to law
enforcement or local ombudsman
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Occurring Elsewhere
[not in long term care facilities or state facilities]
In Community (including in hospitals)


Call law enforcement or adult protective services
immediately or as soon as practicably possible
File written report within 24 hours to law
enforcement or adult protective services
In State Facilities


Call law enforcement or designated DDS/DSH
investigators immediately or as soon as practicably
possible
File written report within 24 hours to law
enforcement or designated DS/DSH investigators
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Information to provide






Your name and contact information,
Name, age and present location of
alleged victim,
Name & address of family or any
other person responsible for alleged
victim’s care,
Nature & extent of alleged victim’s
condition,
Date, time and place of incident,
Any other information that requested
by agency receiving report, including
what led you to suspect abuse.
WIC §15630(e)
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Exceptions to Mandated
Reporting

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)

In long term care facility if:




There is a proper plan of care;
Plan of care was properly provided or executed;
Injury occurred as a result of care provided per plan; and
Mandated reporter reasonably believes injury was not result of
abuse.
WIC §15630(b)(4)
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Duty to Report it Yours

Note: reporting duties are individual and cannot be impeded or
inhibited by a supervisor or administrator.
WIC §15630(f)

Failure to report (or inhibiting/ impeding reporting) is a
misdemeanor = punishable by fine (up to $1000) and/or
imprisonment (up to 6 months); attaches to mandated reporter
individually.
WIC §15630(h)

Willful failure to report (or inhibiting/ impeding reporting) resulting in
death or great bodily injury is punishable by fine (up to $5000)
and/or imprisonment (up to 1 yr); attaches to mandated reporter
individually.

WIC §15630(h)
Mandated reporters are immune from liability for making a required
report

May be criminal or civilly liable for knowingly making false report.
WIC §15634(a)
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