The World of Computer Software/World_Of_Computer_Software-02-387-Vol-3of3.iso/o/open4.zip/ELDER

Text File | 1991-12-10 | 18KB | 452 lines

                       ELDER AND DEPENDENT ADULT ABUSE
                             REPORTING REQUIREMENTS

California state law REQUIRES care custodians, health practitioners, and
employees of adult protective services agencies  and local law enforcement
agencies to report physical abuse of elders and dependent adults.
Those professionals must report physical abuse under the following circumstance

1>  When the reporter has observed an incident that reasonably appears to be
    physical abuse.
2>  When the reporter has observed a physical injury where the nature of the
    injury, its location on the body, or the repetition  of the injury,clearly
    indicates that physical abuse has occurred.
3>  When the reporter is told an elder or a dependent adult that he or she
    has experienced behavior constituting physical abuse.

The report must be made immediately, or as soon as possible, by telephone
to either the long -term care ombudsman coordinator  to a local law
enforcement agency when the abuse is alleged to have occurred in a long-term
care facility, or to either the county adult protective services agency or to
a local law enforcement agency when the abuse is alleged to have occurred
anywhere else and must be followed by a written report within two working days.
The report must include:

1>  The name of the person making the report.
2>  The name, age,and present location of the elder or dependent adult.
3>  The names and addresses of family members or other persons reponsible for
    the elder or dependent adult care if known.
4>  The nature and extent of the person's condition.
5>  Any information that led the reporter to suspect that abuse has occurred.
6>  The date of the incident.

State law also PERMITS the reporting of other types of abuse of elders
and dependent adults, such as neglect, intimidation, fiduciary abuse,
abandonment, or other treatment that result in physical harm,pain,or mental
suffering. These reports may be made where the reporter has actual knowledge of
reasonably suspects that abuse has occurred.
The law provides that care custodians,health practitioners, or employees of
adult protective services agencies or local law enforcement agencies shall not
incur either civil or criminal liability for any report they are required or
permitted to make under the law.
However,Failure to report physical abuse of an elder or dependent  adult is a
misdemeanor, punishable by not more than six months in the county jail or
by  a fine of not more than one thousand dollars, or by both fine and
imprisonment.
Reports made under this law are confidential and may be disclosed only to the
agencies specified. Violation of the confidential provisions is also a
misdemeanor,punishable by not more than six months in the county jail,
by a fine of not more than five thousand dollars, or both fine and imprisonment
The following is the exact text of portions of the elder and dependent adult
abuse reporting law which pertain to the responsibility of professionals who
are required to report abuse of elders and dependent adults.











                                                                  PAGE 2



CONDITION UNDER WHICH REPORTING OF PHYSICAL ABUSE IS REQUIRED:
Welfare and Institutions Code Section 15630<a>:Any elder or dependent adult
care custodian,health practitioner, or employee  of a county adult protective
services agency or a local law enforcement agency, who in his or her
professional capacity or within the scope of his or her employment,either
has observed an incident that reasonably appears to be physical abuse,
has observed physical injury where the nature of the injury, its location
on the body,or the repetition of the injury clearly indicates that physical
abuse has occurred, or is told by an elder or dependent adult that he or
she has experienced behavior constituting physical abuse shall report the
known or suspected instance of physical abuse either to the long term-
care facility, or to either the county adult protective services agency or to a
local law enforcement agency when the physical abuse is alleged to have
occurred anywhere else, immediately or as soon as possible by telephone,
and shall prepare and send a written report thereof within two working days.

CONDITION UNDER WHICH REPORTING OF ABUSE IS PERMITTED:
Welfare and Institutions Code Section 15630<b>: Any care custodian, health
practitioner, or employee of an adult protective services agency or local law
enforcement agency who has knowledge of or reasonably suspects that other
types of abuse have been inflicted upon an elder or dependent adult or
that his or her emotional well-being is endangered in any other way, may report
such knowledge or suspected instance of abuse to a long-term care ombudsman
coordinator when the abuse is alleged to have occurred in long-term care
facility, or to the county adult protective  services agency when the
abuse is alleged to have occurred anywhere else.

PROFESSIONALS WHO ARE REQUIRED TO REPORT PHYSICAL ABUSE OF ELDERS AND
DEPENDENT ADULTS:
A> Care Custodians, as defined by Welfare and Institutions Code Section 1560<h>
"Care custodians" means an administrator or an employee, except persons who
do not work directly with elders or dependent adults as  part of their
official duties, including members of support staff and maintenance staff, of
any of the following public or private facilities:
 1> Twenty-four hour facilities, as defined in Section 1250,1250.2, or 1250.3
of the Health and Safety Code.
 2> Clinics.
 3> Home health agencies.
 4> Adult day health care centers.
 5> Secondary schools which serve 18- to 22-year old dependent adults and
postsecondary education institution which serve dependent adults or elders.
 6> Sheltered workshops.
 7> Camps.
 8> Community care facilities, as defined in Section 1502 of the Health and
Safety Code and residential care facilities for the elderly, as defined by
Section 1569.2 of the Health and Safety Code.
 9> Respite care facilities.
10> Foster homes.
11> Regional centers for persons with developmental disabilities.
12> State Department of Social Services and State Department  of Health
Services licensing divisions.
13> County welfare departments.
14> Offices of patient's rights advocates.
15> Office of the long-term care ombudsman.
16> Offices of public conservators and public guardians.
17> Any other protective or public assistance agency which provides medical
services to elders or dependent adults.









                                                               PAGE 3


B> Health practitioners, as defined by Welfare and Institutions Code Section
15610<i> "Health practitioners" means a physician and surgeon, psychiatrist,
psychologist,dentist,resident,intern,podiatrist,chiropractor,licensed nurse
dental hygienist, licensed clinical social worker, marriage, family and
child counselor, or any other person who is currently licensed under
Division 2 (commencing with Section 500) of the Business and Professions Code
a marriage,family and child counselor intern registered under Section 4980.44
of the Business and Professions Code, a state or county public health
employee who treats an elder or a dependent adult for any condition,coroner,
or a religious practitioner who diagnoses, examines, or treats elder or
dependent adults.

C> Employees of adult protective services agencies, as defined by Welfare and
Institutions Code Section 15610<i>:
"Adult protective services agency" means a county welfare department except
persons who do not work directly with elders or dependent adults as part
of their official duties, including  members of support staff and
maintenance staff.

D> Employees of local law enforcement agencies, as defined by Welfare and
Institutions Code Section 15610<q>:
"Local law enforcement agency" means a city police or county sheriff's
department, or a county probation department, except persons who do not work
directly with elders or dependent adults as part of their official duties,
including members of support staff and maintenance staff.

DEFINITION OF "ELDER":
Welfare and Institutions Code Section 15610<b>: "Elder" means any person
residing in this state, 65 years of age or older.

DEFINITION OF "DEPENDENT ADULT":
Welfare and Institutions Code Section 115610<b>: "Dependent adult" means  any
person residing in this state, between the ages of 18 and 64, who has
physical or mental limitations which restrict his or her ability to carry out
normal activities or to protect his or her rights, including, but not limited
to,persons who have physical or developmental disabilities or whose physical
or mental abilities have diminished because of age.
For purpose of this chapter, "dependent adult" includes any person between
the ages of 18 and 65 who is admitted as an inpatient to a 24-hour health
facility as defined by Sections 1250,1250.2, and 1250.3 of the Health and
Safety Code.



























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DEFINITION OF "ABUSE OF AN ELDER OR DEPENDENT ADULT":
Welfare and Institutions Code Section 1560<g>: "Abuse of an elder or a
dependent adult" means physical abuse,neglect,intimidation,cruel punishment,
fiduciary abuse, abandonment,or other treatment with resulting physical harm
or pain or mental suffering,or the deprivation by a care custodian of goods and
services which are necessary to avoid harm or mental suffering.

DEFINITION OF "PHYSICAL ABUSE":
Welfare and Institutions Code Section 1560<c>:"Physical Abuse" means all of
the following:
A> Assault,as defined in Section 240 of the Penal Code.
B> Battery, as defined in Section 242 of the Penal Code.
C> Assault with a deadly weapon or force likely to produce great bodily injury
as defined by Section 245 of the Penal Code.
D> Unreasonable physical constraints,or prolonged or continual deprivation of
food or water.
E> Sexual assault, which means any of the following:
         1> Sexual battery, as defined in Section 243.4 of the Penal Code.
         2> Rape, as defined in Section 261 of the Penal Code.
         3> Rape in concert, as described in Section 264.1 of the Penal Code.
         4> Incest, as defined in Section 285 of the Penal Code.
         5> Sodomy, as defined in Section 286 of the Penal Code.
         6> Oral copulations, as defined in Section 288a of the Penal Code.
         7> Penetration of a genital or anal  opening by a foreign object, as
            defined in Section 289 of the Penal Code.












































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                                  ABUSE POLICY


      RESIDENTS AND PATIENTS IN THIS FACILITY ARE TO BE TREATED WITH DIGNITY
      AND RESPECT AT ALL TIMES AND UNDER ANY CIRCUMSTANCES. MISTREATMENT IN THE
      FORM OF VERBAL OR PHYSICAL ABUSE OF ANY NATURE WILL NOT BE TOLERATED. ANY
      EMPLOYEE GUILTY OF ABUSING A RESIDENT OR PATIENT IS SUBJECT TO IMMEDIATE
      DISCHARGE. LOCAL AUTHORITIES  WILL BE NOTIFIED IMMEDIATELY AND CRIMINAL
      CHARGES MAY BE FINED AGAINST ANY EMPLOYEE GUILTY OF ABUSE.EMPLOYEES MAY
      BE FINED UP TO $5,000.00 AND SENTENCED TO THREE YEARS IN PRISON.





      _________________________________          ______________________________
      WITNESS  SIGNATURE                         EMPLOYEE SIGNATURE



                              ___________________________
                                     DATE

























                                                          PAGE 6


Elder Abuse and Dependent Adult Abuse Reporting employee Statement:

DEFINITION OF "ABUSE OF AN ELDER OR A DEPENDENT ADULT MEANS PHYSICAL ABUSE
NEGLECT,INTIMIDATION,CRUEL PUNISHMENT,FIDUCIARY ABUSE,ABANDONMENT,OR OTHER
TREATMENT WITH RESULTING PHYSICAL HARM OR PAIN OR MENTAL SUFFERING, OR
DEPRIVATION BY A CARE CUSTODIAN OF GOODS AND SERVICES WHICH ARE NECESSARY
TO AVOID PHYSICAL, HARM OR MENTAL SUFFERING.

                         DEFINITION OF "PHYSICAL ABUSE":

WELFARE AND INSTITUTIONS CODE SECTION 15610 (C):
"PHYSICAL ABUSE" MEANS ALL OF THE FOLLOWING:

         A. ASSAULT, AS DEFINED IN SECTION 240 OF THE PENAL CODE.
         B. BATTERY, AS DEFINED IN SECTION 242 OF THE PENAL CODE.
         C. ASSAULT WITH A DEADLY WEAPON OR  FORCE LIKELY TO PRODUCE
            GREAT BODILY INJURY, DEFINED BY SECTION 245 OF THE PENAL.
         D. UNREASONABLE PHYSICAL CONSTRAINT, OR PROLONGED OR CONTINUAL
            DEPRIVATION OF FOOD OR WATER.
         E. SEXUAL ASSAULT, WHICH MEANS ANY OF THE FOLLOWING:
            1. SEXUAL BATTERY, AS DEFINED IN SECTION 243,3 OF THE PENAL CODE.
            2. RAPE, AS DEFINED IN SECTION 261 OF THE PENAL CODE.
            3. RAPE IN , AS DESCRIBED IN SECTION 264.1 OF THE PENAL.
            4. INCEST, AS DEFINED IN SECTION 285 OF THE PENAL CODE.
            5. SODOMY, AS DEFINED IN SECTION 286 OF THE PENAL CODE.
            6. ORAL COPULATION, AS DEFINED IN SECTION 288A OF THE PENAL CODE.
            7. PENETRATION OF A GENITAL OR ANAL OPENING BY A FOREIGN OBJECT,
               AS DEFINED IN SECTION 289 OF THE PENAL CODE.
         F. USE OF A PHYSICAL OR CHEMICAL RESTRAINT, MEDICATION, OR ISOLATION
            WITHOUT AUTHORIZATION, OR FOR A PURPOSE OTHER THAT FOR WHICH IT WAS
            ORDERED, INCLUDING, BUT NOT LIMITED TO STAFF CONVENIENCE,
            PUNISHMENT OR FOR A PERIOD BEYOND THAT FOR WHICH IT WAS ORDERED.

CALIFORNIA STATE LAW REQUIRES CARE CUSTODIANS AND HEALTH PRACTITIONERS TO
REPORT PHYSICAL ABUSE OF ELDERS AND DEPENDENT ADULTS. ALL INDIVIDUALS EMPLOYED
BY THE FACILITY WHO WORK DIRECTLY WITH ELDER OR DEPENDENT ADULTS AS PART OF
OFFICIAL DUTIES, INCLUDING MEMBERS OF SUPPORT STAFF AND MAINTENANCE STAFF
SHALL BE RESPONSIBLE TO REPORT SUCH ABUSE.

WRITTEN REPORTS OF ABUSE WILL BE MADE WITHIN (2) WORKING DAYS OF NOTICE OF THE
ABUSE. PHYSICAL ABUSE WILL BE REPORTED TO THE LONG TERM CARE OMBUDSMAN
COORDINATOR OR TO A LOCAL ENFORCEMENT AGENCY.

I HEREBY CERTIFY THAT I HAVE READ AND DO UNDERSTAND THIS STATEMENT, AND THAT
I WILL COMPLY WITH ITS PROVISIONS.


EMPLOYEE  SIGNATURE _________________________________________DATE _____________
                                                           * FILE COPY  *














                                                                 PAGE 7




Elder Abuse and Dependent Adult Abuse Reporting employee Statement:

DEFINITION OF "ABUSE OF AN ELDER OR A DEPENDENT ADULT MEANS PHYSICAL ABUSE
NEGLECT,INTIMIDATION,CRUEL PUNISHMENT,FIDUCIARY ABUSE,ABANDONMENT,OR OTHER
TREATMENT WITH RESULTING PHYSICAL HARM OR PAIN OR MENTAL SUFFERING, OR
DEPRIVATION BY A CARE CUSTODIAN OF GOODS AND SERVICES WHICH ARE NECESSARY
TO AVOID PHYSICAL, HARM OR MENTAL SUFFERING.

                         DEFINITION OF "PHYSICAL ABUSE":

WELFARE AND INSTITUTIONS CODE SECTION 15610 (C):
"PHYSICAL ABUSE" MEANS ALL OF THE FOLLOWING:

         A. ASSAULT, AS DEFINED IN SECTION 240 OF THE PENAL CODE.
         B. BATTERY, AS DEFINED IN SECTION 242 OF THE PENAL CODE.
         C. ASSAULT WITH A DEADLY WEAPON OR  FORCE LIKELY TO PRODUCE
            GREAT BODILY INJURY, DEFINED BY SECTION 245 OF THE PENAL.
         D. UNREASONABLE PHYSICAL CONSTRAINT, OR PROLONGED OR CONTINUAL
            DEPRIVATION OF FOOD OR WATER.
         E. SEXUAL ASSAULT, WHICH MEANS ANY OF THE FOLLOWING:
            1. SEXUAL BATTERY, AS DEFINED IN SECTION 243,3 OF THE PENAL CODE.
            2. RAPE, AS DEFINED IN SECTION 261 OF THE PENAL CODE.
            3. RAPE IN , AS DESCRIBED IN SECTION 264.1 OF THE PENAL.
            4. INCEST, AS DEFINED IN SECTION 285 OF THE PENAL CODE.
            5. SODOMY, AS DEFINED IN SECTION 286 OF THE PENAL CODE.
            6. ORAL COPULATION, AS DEFINED IN SECTION 288A OF THE PENAL CODE.
            7. PENETRATION OF A GENITAL OR ANAL OPENING BY A FOREIGN OBJECT,
               AS DEFINED IN SECTION 289 OF THE PENAL CODE.
         F. USE OF A PHYSICAL OR CHEMICAL RESTRAINT, MEDICATION, OR ISOLATION
            WITHOUT AUTHORIZATION, OR FOR A PURPOSE OTHER THAT FOR WHICH IT WAS
            ORDERED, INCLUDING, BUT NOT LIMITED TO STAFF CONVENIENCE,
            PUNISHMENT OR FOR A PERIOD BEYOND THAT FOR WHICH IT WAS ORDERED.

CALIFORNIA STATE LAW REQUIRES CARE CUSTODIANS AND HEALTH PRACTITIONERS TO
REPORT PHYSICAL ABUSE OF ELDERS AND DEPENDENT ADULTS. ALL INDIVIDUALS EMPLOYED
BY THE FACILITY WHO WORK DIRECTLY WITH ELDER OR DEPENDENT ADULTS AS PART OF
OFFICIAL DUTIES, INCLUDING MEMBERS OF SUPPORT STAFF AND MAINTENANCE STAFF
SHALL BE RESPONSIBLE TO REPORT SUCH ABUSE.

WRITTEN REPORTS OF ABUSE WILL BE MADE WITHIN (2) WORKING DAYS OF NOTICE OF THE
ABUSE. PHYSICAL ABUSE WILL BE REPORTED TO THE LONG TERM CARE OMBUDSMAN
COORDINATOR OR TO A LOCAL ENFORCEMENT AGENCY.

I HEREBY CERTIFY THAT I HAVE READ AND DO UNDERSTAND THIS STATEMENT, AND THAT
I WILL COMPLY WITH ITS PROVISIONS.


EMPLOYEE  SIGNATURE _________________________________________DATE _____________
                                                    * EMPLOYEE  COPY  *