Resource Module Management of Suspected Abuse, Neglect and Exploitation Family Violence / Elder Abuse / Child Abuse
Management of Suspected Abuse or Neglect <ul><li>Health care providers have a legal responsibility to identify and intervene in cases of suspected abuse or neglect of patients. If you suspect that abuse or neglect is occurring/has occurred in one of our hospitals, intervene immediately ! Speak up. Talk with your manager/director. </li></ul>
Reporting <ul><li>Physicians, nurses, social workers, case managers and other heath care providers are mandated by Texas department of Health (TDH) to report suspicions of elderly abuse and neglect to Adult Protective Services (APS) and all suspicions of child abuse and neglect to Child Protective Services (CPS). Reporters need reasonable cause to suspect that a elder or child has been abused or neglected to make a report. Proof of abuse is not essential for filling of a report. </li></ul>
Where to Report <ul><li>Always contact your manager/director of your intent to report abuse </li></ul><ul><li>Call or page Case management if you need assistance </li></ul><ul><li>Child Protective Services 1-800-252-5400 </li></ul><ul><li>Adult protective Services 1-800-252-5400 </li></ul><ul><li>Suspected Family Violence – Contact the Case Management Dept. </li></ul><ul><li>Suspected Sexual Assault – UH-SP Emergency Dept. Policy 1.1 will be followed. </li></ul>
Family Violence <ul><li>Family violence is non-accidental injury within the family context, including spouse abuse and battering. </li></ul><ul><li>Pregnant women are one of the highest risk groups. </li></ul><ul><li>Crosses all economic and ethnic groups. </li></ul><ul><li>Although difficult to estimate, direct healthcare cost to victims of family violence has been estimated at 1.8 billion per year nationwide. </li></ul>
Reporting Family Violence <ul><li>When assessing your patient, ask open ended questions, such as “How were you hurt ? or “Are you afraid of anyone at home ?” or “Do you feel safe?” These questions must be asked on assessment. </li></ul><ul><li>Weekdays call: 214-645-5200 </li></ul><ul><li>Off hours: page the on-call Case Manager at 214-362-1007 or contact the page operator </li></ul><ul><li>Both CPS and APS prefer first person accounts of suspected abuse so you maybe called on to provide this first hand information </li></ul>Call or page Case Management 24/7 when there is a situation of apparent family violence.
Abuse <ul><li>Abuse is the negligent or willful infliction of injury, unreasonable confinement, intimidation or cruel punishment of an elderly or disabled person with resulting physical or emotional harm or pain. </li></ul><ul><li>Sexual abuse includes any involuntary or nonconsensual sexual conduct that would constitute an offense under Section 21.08, Penal Code. </li></ul>
Exploitation Exploitation is the “illegal or improper act or process of a caretaker, family member,or other individual who has an ongoing relationship with the elderly or disabled person using the resources of an elderly or disabled person for monetary or personal benefit, profit or gain without the informed consent of the elderly or disabled person”.
Neglect <ul><li>Neglect is “the failure to provide for one’s self the goods or services, including medical services, which are necessary to avoid physical or emotional harm or pain or the failure of a caretaker to provide such goods or services.” </li></ul>
Child Abuse <ul><li>Physical child abuse is defined as a non-accidental, harmful action leading to injury of a child, even if the parent or caretaker did not intend to inflict injury. All physically abused children suffer serious emotional trauma as well. </li></ul>
Facts about Child Abuse <ul><li>Every 3 minutes a child is reported abused or neglected </li></ul><ul><li>Every 4 hours a baby dies during the first year of life </li></ul><ul><li>Every 19 hours a child or youth is killed by a gun </li></ul><ul><li>Texas 2000 statistics </li></ul>
Child Sexual Assault <ul><li>Child sexual assault is a very complicated category of crime that includes incest, child sexual molestation and child exploitation. </li></ul>
Recognizing Elder Abuse <ul><li>Physical abuse of the elderly is defined as the use of physical force that may result in bodily injury, physical pain or impairment. In addition, inappropriate use of drugs or restraints, force feeding and physical punishment are examples of physical abuse. </li></ul>
Our Responsibility <ul><li>Health care providers have a legal responsibility to report suspected abuse or neglect to the correct agency. </li></ul><ul><li>For psychiatric and rehab patients; we recognize the particular rights of these patients. Staff in these areas of care should be very familiar with their patients Bill of Rights and the special reporting procedure </li></ul>
Penalty <ul><li>Failure to report is a misdemeanor punishable by up to six months in jail and a $1000 fine. </li></ul>
Things You Should Know <ul><li>No person required to report elder abuse would bear criminal liability for reporting suspected abuse </li></ul><ul><li>No person will bear liability for reporting suspected abuse unless the person knows the report is false </li></ul><ul><li>When two or more persons are required to report a case they may reach an agreement to have one of them make the report. </li></ul>
Things You Should Know <ul><li>The duty to report is individual </li></ul><ul><li>No supervisor or administrator may impede or prohibit reporting </li></ul><ul><li>The identities of those filing a report is confidential </li></ul><ul><li>A victim of abuse may refuse or withdraw consent to any investigation or provision of services which are initiated as a result of the report unless a violation of the Penal Code has been alleged </li></ul><ul><li>In court proceedings or administrative hearings, neither the physician-patient privilege nor psychotherapist-patient privileges applies to specific elder abuse information required to be reported </li></ul><ul><li>The law requires mandated reporters to make a verbal report immediately or as soon as possible, followed by a written report within 2 working days. </li></ul>
Reporting <ul><li>If you are not comfortable intervening, it is okay, but get help . Call the Case Manager immediately if child abuse is suspected. DO NOT attempt to interview a child or parent if you are NOT skilled in this area. It is VERY important that a skilled health care professional interview so the responses are not “tainted” by improper questioning. </li></ul>
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