Child or Dependent Adult/Elder Abuse/Neglect

Question 1

Child Abuse/Neglect

Answer 1

Legally required breach of confidentiality.

Would need to call in report immediately.

Would need to submit written report within 36 hours.

Question 2

How do I know when I should make a report?

Answer 2

When there is reasonable suspicion of abuse or neglect - that a reasonable person in the same position may think the same.

Question 3

What to look for when considering making a report?

Answer 3

1) Is there enough information?
2) What is the shape/placement of the bruise?
3) Is the bruising age appropriate (ex. Bruised shins of a kid who may be playing soccer and/or falling down)
4) Are there burns, broken bones, cuts, etc?
5) Is the child reluctant to share and/or are the answers to the questions suspicious?

Question 4

What if the abuse is between siblings?

Answer 4

If the kids are around the same age, then likely would not report. If the other sibling has differing size and maturity then may file a report.

Question 5

Do I need to report abuse witnessed outside of my role as a therapist?

Answer 5

No, I do not. Unless I am in my role as a therapist, I do not need to report.

Question 6

Do I need to file a report if a client is telling me about another person abusing a child?

Answer 6

Yes, I would.

If the person doing the abusing is out of state, I would still file the report with CA CPS.

Reason for filing in CA is that is where my license is held.

Question 7

What if the suspected abuse is a cultural tradition?

Answer 7

Still file a report for CPS to investigate that the tradition does not constitute abuse.

Question 8

When is it considered medical neglect?

Answer 8

Not vaccinating? No, not reportable.

Not seeking medical care when the child has bad fever, severe rashes, tech? Yes, reportable.

Question 9

Is a homeless child reportable?

Answer 9

No, homelessness is not reportable. A law was passed in 2014 so that homelessness is not reportable so that homeless people will feel more comfortable seeking services.

Question 10

When is it too young for a child to be left alone?

Answer 10

CA does not have a named age written into law; however, TDC says good rule of thumb is 10-11 years old.

Question 11

What about spanking?

Answer 11

In CA, ok to spank with open hand to buttocks which does not leave a mark. Any other items used: belt, spoon, etc are reportable.

Question 12

Are lacking basic needs reportable?

Answer 12

If a child is malnourished, doesn’t have water, doesn’t have electricity, or is running out in the street then YES, reportable.

Question 13

Emotional abuse

Answer 13

Optional repot.

Examples of emotional abuse include: if referring to child in derogatory manner

Question 14

Sexual abuse

Answer 14

Involuntary sexual activity - YES reportable

Child pornography is ALL reportable!

Teen who let boyfriend take pictures = child porn.

If the pictures are transmitted/shared would also be child porn and reportable.

Sexting is child porn.

Question 15

If a client is 18 but the abuse occurred when he/she was a minor?

Answer 15

Maintain confidentiality unless there was reasonable suspicion that the per was abusing other minors.

Question 16

What if a minor is taken out of state without permission?

Answer 16

This would be kidnapping. Maintain confidentiality but encourage the client to contact law enforcement.

Question 17

Should I tell my client’s when there is need to file a report and process their reactions?

Answer 17

Not legally required; however, is considered best practice unless doing so would increase danger to the client, victim or therapist.

Question 18

Reporting Dependent Adult or Elder Abuse

Answer 18

Legal obligation

Need to report immediately.

Must file report within 2 business days. (Don’t get hung up if the BBS doesn’t specify business days)

Question 19

Who would be considered a dependent adult

Answer 19

18-64 y.o. And have physical, mental, or financial restriction which prevents them from carrying out activities of daily living. Person does not have a way of protecting their own rights.

• if receiving disability check would be considered dependent.

Question 20

What would constitute physical abuse of a dependent adult or elder?

Answer 20

• assault
• physical restraints
• medical restraints (drugs being given to sedate the person)
• food neglect - food is being withheld
• sexual abuse

Question 21

What would constitute neglect of a dependent adult or elder?

Answer 21

• basic hygiene
• not taking them to the doctor - medical neglect
• if a person is not taking care of him/herself (self-neglect)
• financial abuse - if a victim of fraud or if someone is taking $$
• abduction - if the person is taken across state lines without his/her consent

Question 22

What about emotional abuse of a dependent adult or elder?

Answer 22

Optional report

I would need to assess for the emotional state of the client.

Question 23

Who should I report to if the elder or dependent adult is in a private residence?

Answer 23

Adult protective services (APS) + make a written report within 2 days.

Question 24

Who should I report to if the elder or dependent adult was in care facility if the abuse is non-physical?

Answer 24

Law enforcement or local ombudsman immediately (phone or internet). If completed by phone, written report must be submitted within two business days.

Question 25

What would constitute abandonment of an elder or dependent adult?

Answer 25

Willful withdrawal of care or support when care or support is needed.

Question 26

What would constitute isolation of an elder or dependent adult?

Answer 26

Restricting from social contact by denying access to mail, phone, computer, friends.

Question 27

Who should I report to if the elder or dependent adult was in care facility if the abuse is physical but the bodily injury is non-serious?

Answer 27

Report to law enforcement within 24 hours. Written report must be submitted within 24 hours to law enforcement, local ombudsman, and licensing agency.

Question 28

Who should I report to if the elder or dependent adult was in care facility if the abuse is physical and resulted in serious bodily injury?

Answer 28

Report to law enforcement immediately (no more than 2 hours may pass). Written reports must be submitted within 2 hours to law enforcement, local ombudsman, and licensing agency.

Question 29

Who should I report to if the elder or dependent adult was in care facility if the abuse is perpetrated by another resident with an official diagnosis of dementia?

Answer 29

Must report to local ombudsman OR law enforcement. Written report must be submitted within 24 hours.

Question 30

If a baby tests positive for drugs at birth, would I be required to file a child abuse report?

Answer 30

No. In California this is not enough to file a report. Would need to assess for other abuse.