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Mandated Reporting - Lecture Presentation
 

Mandated Reporting - Lecture Presentation

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This is a keynote presentation from a recent lecture I gave at Didi Hirsch on Mandated reporting for new counselors at Suicide Prevention Center.

This is a keynote presentation from a recent lecture I gave at Didi Hirsch on Mandated reporting for new counselors at Suicide Prevention Center.

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Mandated Reporting - Lecture Presentation Mandated Reporting - Lecture Presentation Presentation Transcript

  • Suicide Prevention Center Volunteer Training Mark Allison, June 19th, 2010
  • Our roles as mandated Reporters Our role as SPC crisis counselors Confidentiality Mandated Reporters What’s reportable
  • Confidentiality Confidentiality vs. Public Safety Duty to protect the general population
  • Suspected Child Abuse Elder and Dependent Abuse Tarasoff Duty to Warn
  • Suicidal Intention There are no specific mandates on exact steps to take in the instance of suicide. However, we are expected to take reasonable steps to help prevent a suicidal client from harming himself
  • Reasonable suspicion or judgment Scope of mandated reporting responsibilities Consequences of failing to report
  • What is child abuse? FIve types of reportable child abuse: Physical Unlawful corporal punishment Unjustifiable punishment or willful cruelty Child Neglect Sexual Emotional & Fetal (optional)
  • Physical abuse is physical injury (ranging from minor bruises to severe fractures or death) as a result of punching, beating, kicking, biting, shaking, throwing, stabbing, choking, hitting (with a hand, stick, strap, or other object), burning, or otherwise harming a child. Such injury is considered abuse regardless of whether the caretaker intended to hurt the child.
  • Child Neglect: Child neglect is defined as a failure to provide for the child's basic needs. Neglect can be on a physical, educational or emotional level. Examples include failure to provide food, clothing, or shelter, refusal or delay in seeking health care, abandonment, inadequate supervision or willfully endangering a child’s safety.
  • Sexual abuse includes activities by a parent or caretaker or other adult such as fondling a child's genitals, penetration, incest, rape, sodomy, indecent exposure, and exploitation through prostitution or the production of pornographic materials.
  • Consensual Sex between/ With Minors Mandated Report if: If a minor is under 14 and engaged in sexual activity with “persons of disparate age” (14 or older). If a minor is 14 or 15 and engages in sexual activity with a person at least 10 years older. All oral or anal sex or penetration with a foreign object involving anyone under the age of 18, consensual or involuntary must
  • Consensual Sex between/ With Minors Mandated Report if: Any minor under 16 and is engaging in sexual intercourse with anyone 21 years of age or older. Consensual, non-abusive sex: Two minors under the age of 14 and of similar age,maturity and development is not reportable. Or two minors between 14 and 18 and of similar age,maturity and
  • Emotional abuse is a pattern of behavior that impairs a child's emotional development or sense of self-worth. This may include constant criticism, threats, or rejection, as well as withholding love, support, or guidance. Emotional Abuse may be reported but is not mandated.
  • Domestic violence is not reportable unless…. there are minors in the home that witness the domestic violence and there is reasonable suspicion that the minors were
  • Historical Abuse Generally not reportable unless... if there is reason to believe that the abuser of an adult client may have victimized others who are under 18, it is reportable.
  • Immediately notify or flag down your shift supervisor. Call the Department of minors and Family Services (DCFS) to file a report. DCFS Child Abuse Report Number: 1-800-540-4000 Fill out triplicate SCAR Child Abuse Report form and give to supervisor. *This form must be filed within 36 hours of making the phone report.
  • What happens next? The role of DCFS Immediate vs. 5-day response Removal from home minors aren’t immediately removed from their homes… their goal is to help keep families together Voluntary family maintenance agreement (VFM)
  • Elder: Individuals aged 65 years or older Dependent Adult (gravely disabled): Individuals aged 18 – 64 years old who have physical or mental limitations that interfere with their ability to carry out normal activities and functions.
  • Physical abuse: Physical elder abuse is non-accidental use of force against an elderly person that results in physical pain, injury, or impairment. Sexual abuse is included on physical Abandonment In emotional or psychological senior abuse, people speak to or treat elderly persons in ways that cause emotional pain or distress. Isolation : Abduction: Taking an elder or dependent adult of of California against will or preventing them from returning to California.
  • Neglect: Elder neglect is the failure to fulfill or abandoning a care-taking obligation; can either be intentional or unintentional. Fiduciary abuse: This involves unauthorized use of an elderly person’s funds or property, either by a caregiver or an outside party.
  • How to report elder abuse Call Adult Protective Services or Police File a written report within 2 working days
  • Gravely Disabled Definition of “gravely disabled” Inability to perform basic functions of daily activity Generally due to severe mental illness or intoxication How to report Call APS LA County PET Team: 1-800-854-7771
  • History of Tarasoff: Tarasoff vs. UC Regents (1969) What is the Tarasoff duty to warn? reasonable suspicion of a serious threat or plan of “physical violence” to a “reasonably” identifiable victim (this extends to property and the people inside them)
  • If it is Tarasoff, then what do I need to do?   We notify authorities We warn the intended victim
  • Tarasoff Related Decisions Bellah vs. Greenson (1977) Tarasoft does not apply to suicidal client Thompson vs.. Alameda (1980) Intended victim must be identifiable and the peril must be foreseeable. Hedlund vs.. Superior CT O.C. Must warn reasonably foreseeable bystanders.
  • Reporting Summary Tarasoff warnings, child abuse, elder abuse and dependent adult abuse reporting are legally mandated responsibilities. Suicidal protocol is not legally mandated. Section 1024 of the Evidence Code ALLOWS therapists to break confidentiality to maintain safety and the case of Bellah versus Greenson says that therapists need to take all reasonable steps to protect a client's safety. EV Code 1024 allows us to break confidentiality
  • Reporting Summary Tarasoff and Individuals infected with HIV The intention to transfer a communicable disease, such as HIV/ AIDS, does not fall under the Tarasoff duty
  • DCFS Website: http://dcfs.co.la.ca.us/ SPC Website: http:// www.didihirsch.org/services/ emergency/spc
  • Questions?