Protection of Vulnerable Persons and Mandated Reporting Flashcards
(12 cards)
General Provision for Mandated Reporting
Psychologists are mandated reporters when we:
* have reason to beleive that physical or emotional abuse or death has occured
* of a protected class of person (child, elderly, disabled)
* who we have a professional relationship with
Mandated reporters are protected from:
Defamation claims:
* Libel (literary/writing)
* Slander (spoken)
Retaliation:
* at work including bad reviews, loss of job, etc.
As long as reports were made in good faith
Threshold for mandated reporting
Reasonable cause to believe
What do I need to know about mandated reporting for
Elders?
- Who: 60+ years old
- Who to report to: Department of Elder Affairs
- Special extras:
- financial exploitation
- self-care failures or self-neglect
- exemption for religious reasons or beliefs (like JW’s refusing medical treatment)
What do I need to know about mandated reporting for
the Disabled?
- Who: 18-59 years old, and have a condition (intellectual, mental, or physical) that results in them being fully or partially dependence on others to meet their daily living needs
- Who to report to: Disabled Persons Protection Commission
- Special extras:
- unconsented sexual activity - abuse or neglect, if cognitively impaired, may not be able to consent
- exemption for religious reasons or beliefs (like JW’s refusing medical treatment)
- Unlike with children and elderly, disabled person CAN request that you NOT make a report (this is UNIQUE to this population) – considered invoking a privilege (e.g., a disabled person whose caregiver slaps them; happened one time, person does not want you to report it)
What do I need to know about mandated reporting for
Children?
- Who: under 18 years old
- Who to report to: Department of Children and Families (DCF)
- Special extras:
- covers abuse, neglect, sexual abuse, and drug dependence at birth
- frivolous reporting fines and failure to report fines
- allows for a medical facility or school to have a designated filing/reporting person. If they refuse, you still can report solo and you are protected
51A
Fundamentals of Reporting
what to include and when/how
- Must make an immediate verbal report to specified agency
- Written report within 48 hours
- Written report includes: name of victim, address of victim, nature of abuse, and name of suspected perpetrator if known
- Report can be: on agency form, in letter, or in email
- Note: in case of disabled people, they may have privileged communication to assert that can stop release of records
Chapter 119, section 51A
51A Reporting
specifications fines, clergy, death
- Failure to report: $1000 fine or up to $5000 and jail time for serious bodily injury or death
- Willfull frivolous report” $2000 fine and jail time of 6 months+
- Clergy are NOT exempted!!
- Death or sexual abuse are reported to law enforcement AND district attorney by DCF
Chapter 119–other topics of
Protection of Children
court proceedings, grandparents, CHINS
- Defines child’s role in court proceedings & placement policies
- Children in need of services (CHINS)–runaways, out of control children, habitual truans, sexually exploited)
- Grandparents may seek visitation via court petition
Child in need of services (CHINS)
a child between the ages of 6 and 17 who: (a) repeatedly runs away from the home of a parent or legal guardian; (b) repeatedly fails to obey the lawful and reasonable commands of a parent or legal guardian, thereby interfering with the parent’s or legal guardian’s ability to adequately care for and protect the child; (c) repeatedly fails to obey lawful and reasonable school regulations; or (d) when not otherwise excused from attendance in accordance with lawful and reasonable school regulations, willfully fails to attend school for more than 8 school days in a quarter
Abuse defintion–divorce/custody
“Abuse” means attempting to cause or causing bodily injury or placing another in reasonable fear of imminent bodily injury
evidence of past or present abuse (of kid or parent) used in family courts decisions
Serious incident of abuse–divorce/custody
Serious incidents of abuse—attempting to cause or causing serious bodily injury (or fear of), or causing another to engage involuntarily in sexual relations by force, threat, or duress
evidence of past or present abuse (of kid or parent) used in family courts decisions
