Reporting Suspected Abuse and Neglect Reporting in Maryland

Reporting Suspected Abuse and Neglect Reporting in Maryland CE-Classes. com

Trauma, Abuse, Neglect & Exploitation • This course show will give a brief overview of: • • Trauma Abuse Neglect Exploitation Child Abuse – Mandated Reporting Elderly Abuse – Mandated Reporting How to report CE-Classes. com

Trauma • Trauma results from an event, series of events, or set of circumstances that is experienced by an individual as physically or emotionally harmful or threatening and that has lasting adverse effects on the individual’s functioning and physical, social, emotional, or spiritual well-being” (SAMHSA) • According to the Diagnostic and Statistical Manual of Mental Disorders, 5 th Edition (DSM-5), trauma is defined as when an individual person is exposed “to actual or threatened death, serious injury, or sexual violence” CE-Classes. com

Abuse, Neglect & Exploitation • Children and the Elderly are populations who are vulnerable to abuse, neglect and exploitation. • All states require mandatory reporting of child / elder abuse and neglect by licensed professionals and other personnel who are likely to have knowledge of abuse and or neglect. • We are mandated by law to report suspected abuse of children or the elderly if we become aware of it, regardless of whether or not they are our clients. CE-Classes. com

Abuse • The Child Abuse Prevention and Treatment Act (CAPTA) defines child abuse and neglect as: • Any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse, or exploitation, or an act or failure to act which presents an imminent risk of serious harm. • This broad definition could easily apply to elder abuse as well. CE-Classes. com

Forms of Child Abuse • Physical abuse • Any non-accidental injury to a child. This includes hitting, kicking, slapping, shaking, burning, pinching, hair pulling, biting, choking, throwing, shoving, whipping, and paddling. • Sexual abuse • Any sexual act between an adult and child. This includes fondling, penetration, intercourse, exploitation, pornography, exhibitionism, child prostitution, group sex, oral sex, or forced observation of sexual acts. • Neglect • Failure to provide for a child’s physical needs. This includes lack of supervision, inappropriate housing or shelter, inadequate provision of food and water, inappropriate clothing for season or weather, abandonment, denial of medical care and inadequate hygiene. CE-Classes. com

Neglect • Neglect is frequently defined as the failure of a parent or other person with responsibility for the child [or elderly] to provide needed food, clothing, shelter, medical care, or supervision to the degree that the child [or elderly person’s] health, safety, and well-being are threatened with harm. • Approximately 25 States include failure to educate the child as required by law in their definition of neglect. • Ten States specifically define medical neglect as failing to provide any special medical treatment or mental health care needed by the child. CE-Classes. com

Exploitation - Sexual • All States include sexual abuse in their definitions of child abuse. Some States refer in general terms to sexual abuse, while others specify various acts as sexual abuse. • Sexual exploitation is an element of the definition of sexual abuse in most jurisdictions. • Sexual exploitation includes allowing the child to engage in prostitution or in the production of child pornography. In 21 States, the definition of sexual abuse includes human trafficking, including sex trafficking or trafficking of children for sexual purposes. CE-Classes. com

Exploitation - Financial or Material • Financial abuse covers a broad spectrum of fraud, confidence (or "con") jobs, outright theft and other methods of extracting financial or material gain from vulnerable senior citizens. • Common examples of financial elder abuse include cashing checks without authorization; forging signatures; stealing or misusing money or possessions; coercing or deceiving an elderly person into signing a document; and improperly using a guardianship, conservatorship or power of attorney. CE-Classes. com

Exploitation - Financial or Material • Often the perpetrator of financial elder abuse is an unscrupulous telemarketer, confidence (or "con") artist, or any individual who preys on the weaknesses of senior citizens. • For example, elderly persons, who are more likely to own their homes outright, sometimes are tricked into signing over the deed to their home in exchange for a future payoff that never comes. CE-Classes. com

Child Abuse • A mandated reporter shall make a report whenever he or she • has knowledge of • observes a child whom the reporter knows or • reasonably suspects • That a child has been the victim of child abuse or neglect. CE-Classes. com

Elderly and Dependent Adults • All states have a mandatory reporting statute for elder abuse, however, almost every state varies as to the following areas: • Who is required to report abuse or suspected abuse (the “mandated reporters”). • What activities constitute or require reporting • Whether or not the victim lacks capacity • Whether or not the victim resides at home or in an assisted living facility or nursing home. CE-Classes. com

Reporting Suspected Child Abuse in Maryland • Who Must Report? - You are a mandated reporter if you are one of the following: • • Health Practitioner Educator Human Service Worker Police Officer • Reporting does NOT require PROOF that child abuse or neglect has occurred. Incidents are to be reported as soon as they are suspected. Waiting for proof may involve grave risk to the child and impede services to the family. Witnesses to child abuse and neglect are rare. Professional judgment and knowledge should be used to evaluate any suspicion. • Please note that effective October 1, 2016, if a local department has reason to believe that a mandated reporter knowingly failed to make a report of suspected abuse or neglect of a child, the local department must file a complaint with the appropriate licensing board or employer of the mandated reporter. Anyone making a “good faith” report is immune from civil liability and criminal penalty. CE-Classes. com

How to Report Child Abuse • Mandated reporters are required to notify the local department of social services or the appropriate law enforcement agency about suspected cases of child abuse or neglect as soon as possible. Reporting form DHR/SSA 180 must be completed within 48 hours following the verbal report. • The verbal report should be made immediately upon the reporter having a suspicion that child abuse or neglect has occurred. CE-Classes. com

How to Report Child Abuse • The verbal report should be made immediately upon the reporter having a suspicion that child abuse or neglect has occurred. • Please select the local department of social services for the jurisdiction where you believe the incident(s) occurred to make a report. • A copy of the form must also be provided to the local State’s Attorney’s office. CE-Classes. com

How to Report Child Abuse • If the reporter is employed in a hospital, public health agency, child care institution, school, detention facility or similar institution, the staff shall immediately notify the head of the institution or their designee (Family Law, § 5 -704 (a)(2). • Notification of the institution head does not substitute for the staff member’s need to call the local department of social services and complete the form 180 and notify the State’s Attorney’s office. CE-Classes. com

Reporting Elder Abuse • Who must report? • Under Maryland law any health practitioner, police officer, or human service worker who has reason to believe that a vulnerable adult is in danger is required to report that fact to the local department of social services. Any concerned person may make such a report CE-Classes. com

How to Report Elder Abuse • Contact the Adult Protective Services office at your local Department of Social Services • http: //dhr. maryland. gov/local-offices/ • Call the Maryland Department of Human Resources at • 1 -800 -91 -PREVENT • (1 -800 -917 -7383). CE-Classes. com

If you have a question • If you are unsure about a case – or have questions about how to proceed. . . • Contact your immediate supervisor and ask. CE-Classes. com

References • American Psychiatric Association [APA], (2013) , Diagnostic and Statistical Manual of Mental Disorders, 5 th Edition (DSM-5), p. 271. • CAPTA Reauthorization Act of 2010 (P. L. 111 -320), § 5101, Note (§ 3) • Child Welfare Information Gateway. (2016). Definitions of child abuse and neglect. Washington, DC: U. S. Department of Health and Human Services, Children’s Bureau Retrieved from https: //www. childwelfare. gov/pub. PDFs/define. pdf • Substance Abuse and Mental Health Services Administration [SAMHSA], (2012). Trauma and Justice Strategic Initiative, p. 2. • Types of Elder Abuse retrieved from http: //elder. findlaw. com/elder-abuse/types-of-elder-abuse. html CE-Classes. com