Child Abuse Reporting 5

Any Other Location All types of Abuse

1. Phone Adult Protective Services Agency OR Local Law Enforcement Agency IMMEDIATELY & 2. WRITTEN report to Adult Protective Svcs OR Law Enforcement within 2 Working DAYS ASAP - PHONE 2 DAYS - WRITTEN

Report Recipient - Elder/Dependent Adult Abuse - Long Term Facility (except state MH Hospital or State Developmental Center) Abuse other than Physical

1. Phone report & 2. Written Report to Local Ombudsman OR Law Enforcement Agency No timeline specified

State MH Hospital or State Developmental Center All other types of Abuse/Neglect

1. Phone report to A. designated Investigators of State Dept of State Hospitals B. OR State Dept of Developmental Services C. OR to local Law Enforcement Agency IMMEDIATELY (No later than 2 HOURS) phone 2 hours STATE ALWAYS 2 HRS - PHONE ONLY

State MH Hospital or State Developmental Center Abuse/Neglect involving Death, Sexual Assault, Assault w Deadly Weapon by Nonresident, Genital Injury or Broken Bone w Unknown Cause,

1. Phone report to designated Investigators of State Dept of State Hospitals OR State Dept of Developmental Series 2. AND to local Law Enforcement Agency IMMEDIATELY (No later than 2 HOURS) phone 2 hr no written

Report Recipient - Elder/Dependent Adult Abuse - Long Term Facility (except state MH Hospital or State Developmental Center) Physical Abuse W/O Serious Bodily Injury believed to be Caused By Resident w dx of Dementia

1. Phone report to local Ombudsman OR Law Enforcement agency IMMEDIATELY or ASAP & 2. WRITTEN Report to A. local Ombudsman, B. Local Law Enforcement AND C. corresponding Licensing Agency within 24 HOURS. asap (emergency mh deterioration) -24 hr

Report Recipient - Elder/Dependent Adult Abuse - Long Term Facility (except state MH Hospital or State Developmental Center) Physical w Serious Bodily Injury

1. Phone report to local law enforcement agency IMMEDIATELY (& no later than 2 HOURS) & 2. WRITTEN Report to A. local Ombudsman, B. Local Law Enforcement AND C. corresponding Licensing Agency. within 2 HOURS. 2hr-2hr

Report Recipient - Elder/Dependent Adult Abuse - Long Term Facility (except state MH Hospital or State Developmental Center) Physical Abuse W/O Serious Bodily Injury

1. Phone report to local law enforcement agency within 24 HOURS & 2. WRITTEN Report to A. local Ombudsman, B. Local Law Enforcement AND C. corresponding Licensing Agency within 24 HOURS. 24hr-24hr

Abuse that Must be Reported

1. Physical Abuse Physical injury or death other than accidental. - Does NOT include mutual affray btwn minors or reasonable & necessary force used by peace officer acting within course/scope of duty. 2. Sexual Abuse A. Sexual Assault - Rape, Incest, Sodomy, Lewd or Lascivious acts, Oral Copulation, Penetration, Molestation. B. Sexual Exploitation.- Prepare, Sell, or Distribute child porn, Employ/Coerce to engage in Prostitution or Live Performance in obscene act, depict child in knowingly downloading, streaming, duplicating, printing, or accessing child in obscene act.

Abuse that May be reported

Abuse that's not mandated but inflicted on Emotional well being of elder/dep adult.

Agencies Authorized to Receive Reports

Any Police Dept, Sheriff's Dept, County Welfare Dept/County Service Agency (CWS Agency & Child Protective Services - CPS). - Does not include school district police/security or County Probation Dept.

Liability for Failing to make Req Report of Elder/Dep Adult Abuse

Criminal Penalties & may also lead to Civil Liability & Disciplinary action w Licensing Board. Any MR who fails to report any incident of known or reasonably suspected child abuse or neglect is guilty of Misdemeanor punishable by - up to 6 MONTHS in County jail - or $1000 Fine - or Both Imprisonment & Fine If intentionally conceals failure to report incident, is a continuing offence until agency discovers offense. Any MR who willfully fials to report, or any person who impeded/inhibits reprot, where results in Death or Great Bodily Injury, shall be punished by no more than - 1 YEAR in County - Fine No more than $5000 - or BOTH

Liability for Failing to make Required Report of Child Abuse

Criminal Penalties & may also lead to Civil Liability & Disciplinary action w Licensing Board. Any MR who fails to report any incident of known or reasonably suspected child abuse or neglect is guilty of Misdemeanor punishable by - up to 6 MONTHS in County jail - or $1000 Fine - or Both Imprisonment & Fine If intentionally conceals failure to report incident, is a continuing offence until agency discovers offense. Any MR who willfully fials to report, or any person who impeded/inhibits reprot, where results in Death or Great Bodily Injury, shall be punished by no more than - 1 YEAR in County - Fine No more than $5000 - or BOTH

Elder and Dependent Abuse Reporting

Elder Abuse & Dependent Adult Civil Protection Act - Elder - 65 or + residing in CA Dependent Adult - 18-64 yo residing in CA w Physical or Mental Limitations that restrict ability to perform normal activities or to protect own rights, including but not limited to Physical or Developmental Disabilities, or whose Physical/Mental abilities diminished because of age or admitted as an inpatient 24-hr Health Facility.

Spousal Abuse

MR only when partner abused as Elder, Dependent Adult, or Minor.

When to make Report for Mandated Reporters (MR)

Make report when in professional capacity or within scope of employment, has knowledge of or observes child who knows or reasonably suspects has been victim of CHILD ABUSE OR NEGLECT. Make initial report to agency Immediately or ASAP by phone & prepare/send Fax or Electronically transmit Written Report within 36 HRS of receiving info. - May include Nonprivileged Documentary Evidence relating to incident. Reasonable Suspicion - objectively reasonable to entertain suspicion, based on facts that could cause reasonable person in like position, drawing on his training/exp, to susptect abuse/neglect. - Pregnancy alone doesnt constitute reasonable suspicion of sexual abuse. When 2 or + ppl who jointly gained knowledge, when agreement is among them, single phone & written report may be made by mutually agreed person. Any member who has knowledge that designated member failed to do so, shall thereafter make the report.

Adults who were abused as children

Mandated Rep not req if ct is 18 or +. However, must report if perpetrator has access to children & reasonable suspision that they are being abused. May call CPS to ask for guidance w reasonable suspision. - May also advise ct to file Assault charges w police or initiate civil action for damages. Particularly helpful if would help empower ct. However, should inform ct of potential neg consequences & allow ct to make own decision w/o pressure.

Immunity from Liability for making required report

Mandated Reporters aren't Civilly or Criminally Liable for making report authorized by law, nor is any other person unless proven knew was false.

Immunity from Liability for Making a Required Report

Mandated Reporters have Immunity from Criminal & Civil Liability for making report authorized by Child Abuse & Neglect Reporting Act. Applies even when knowledge/reasonable suspicion was acquired outside professional capacity or scope of employment. Any person making report has immunity unless proven person Knew report was false or made it w Reckless Disregard of truth or falsity of report.

Mandated Child Abuse Report for Consensual Sexual Intercourse Involving a Minor

Mandated Reporters must report Intercourse or Other Sexual Activity w a minor/under 18 when reasonable suspicion was not consensual, even when minor claims consensual & regardless of partners age. Lewd & Lascivious acts must Always be reported regardless of consent when 1. Minor under 14 yo & partner is 14 or older. 2. Minor is 14 & partner is 24 or older (10yr diff) 3. Minor is 15 & partner is 25 or older (10 yr diff)

Sharing Confidential Info w Multidisciplinary Teams

Multidisciplinary Personnel Team can engage in prevention, identification, management, or tx of Child Abuse/Neglect & May disclose/exchange info & writings to & w one another relating to child abuse that may also be part of Juvenile Court Order or designated C under state law. Discussion of info/writing during team mtngs are C unless disclosure req by law. Testimony concerning discussion not admissible in Criminal, Civil, or Juvenile Court Proceeding.

Cultural Issues

Must be sensitive to culture/religious values/beliefs when evaluating if cts beh constitutes child abuse/neglect. However, MUST abide by req of Child Abuse & Neglect Reporting Act.

CA Child Abuse & Neglect Reporting Act. - Legally Mandated Reporters

Must report Known or Suspected Abuse & Neglect for ct UNDER 18, including Emancipated Minors. - Report made if Perpetrator is Adult OR/AND Child.

Neglect (N)

Negligent tx or Maltreatment of child by person responsible for childs welfare under circumstances indicating harm or threatened harm to child's health or welfare & includes btoh acts of Omissions. Two types of Reportable Neglect 1. Severe N- failure to protect from severe Malnutrition or Medically Dx Nonorganic Failure to Thrive. 2. General N - Negligent failure to provide Adequate Food, Clothes, Shelter, Medical Care, or Supervision where No Physical injury has occurred. - Receiving tx only by Spiritual means or not receiving tx for Religious reasons doesnt alone constitute neglect. - Leaving child unsupervised not necessarily N unless involves "Harm or Threatened Harm to welfare"

Notifying Ct about the Report

Not legally req to tell ct that filing report. If foresee future therapeutic relationship, best to advise ct of intent, unless Contraindicated (believes will cause ct to become violent). Can include exception to C in Office Policy Form or NPP thats given before therapy begins. If report req, remind ct of Legal Obligation. If therapy continues, may need to rebuild trust.

Abuse that MUST be Reported

Physical: assault, battery, assault w deadly weapon or force likely to provide great bodily injury, unreasonable constraint or prolonged or continual deprivation of food/water, sexual assault (rape, spousal rape, incest, sodomy, oral, penetration, & lewd or lascivious acts), & physical/chemical restraint or psychotropic meds for punishment for period beyond med ordered by physician for any purpose not authorized. Abandonment: Desertion or willful forsaking of elder/dependent adult by anyone having care or custody of that person under circumstances in which reasonable person would continue to provide care/custody. Abduction: Removing person from CA or restraining from returning to CA when doesnt have capacity to consent to removal/restraint or when conservator of court hasnt consented to removal/restraint. Isolation: prevent from receiving mail, phone calls, telling caller/visitor that not present & doesnt want to talk when untrue & w purpose to prevent from having contact w family, friends, or concerned indiv; false imprisonment; physical restraint to prevent seeing visitors. Acts don't count as isolation if due to instruction of doctor in response to threat of safety/property. Financial Abuse: When takes, secretes, appropriates, or retains real or personal property to wrongful use or w intent to Defraud or assists in doing so. Neglect: Negligent failure of person having care/custody to exercise degree of care reasonable person in similar position would provide. Includes failing to assist w hygiene, food, shelter, clothes, physical/ mental care or to protect from health/ safety hazards or malnutrition/dehydration. - May include Self-Neglect result of impaired Cognitive Functioning, Mental Limitation, or Substance abuse, or Chronic Health Prob.

Sharing of Confidential Info w Multidisciplinary Personnel Teams

Reports of suspected abuse may be disclosed only to following 1. person/agency to whom disclosure or identity of reporting party is permitted 2. persons trained/qualified to serve may disclose to one another relevant to prevention, identification, or tx. - any person that receives info shall be under same obligations of C penalties as person disclosing C info. Info shall be maintained in manner that ensures maximum protection of Privacy & C Rights.

Abuse that MAY be Reported but not Req

Serious EMOTIONAL Damage Evidence by stated of Being or Behavior - Severe Anxiety, Depression, Withdrawal, Aggressive Beh toward self/others. May make report in such situations.

Willful Harm or Injury

Situation in which any person willfully causes/permits any child to suffer, inflicts thereon, unjustifiable physical pain or mental suffering, or having care/custody of child, willfully causes/permits health to be endangered. - Fetal Abuse - Not reportable in CA. Consider other options to protect unborn.

Unlawful corporal punishment or injury

When any person willfully inflicts upon any child any cruel or inhuman punishment or injury resulting in a traumatic condition. Does NOT include force that is necessary for person employed by or engaged in Public School to Quell a 1. disturbance threatening Physical Injury to person or Damage to property 2. purposes of self-defense 3. to obtain possession of weapons or other dangerous objects within control of pupil Also does NOT include Reasonable & Age Approp Spanking on buttocks where no there is no evidence of serious injury.

When & How to Make Report

When in prof capacity/scope of employment, observe, have knowledge of, experienced beh, including act of omission, constituting 1. physical abuse 2. abandonment 3. abduction 4. Isolation 5. Financial Abuse 6. Neglect Shall report known/suspected abuse by phone or through Confidential Internet Reporting Tool (CIRT) - Immediately or ASAP If done by phone, Written Report shall be sent, or Internet Report shall be made through CIRT - Within 2 WORKING DAYS CALL ASAP/IMMEDIATELY WRITTEN REPORT - 2 BUS DAYS NOT req to file report when told by elder/dep adult that being abused but ALL of following conditions apply 1. Doesnt have independent corroborating Evidence 2. Pt - dx of Dementia/Mental Illness & Court Ordered Conservatorship due to dementia/mental illness 3. Based on clinical jdgmnt, believe abuse HASNT occurred.

Third Party Information

When learn about child abuse from 3rd party, must MAKE REPORT if info is revealed in professional capacity. EG: Ct tells you her son often hits his son to extent of cuts/bruises. Must report since were acting in prof capacity. However, if know of neighbor's child being abused, not mandated because not in prof role. However, may choose to report as a private citizen.