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A Mandated Reporter's Guide to Elder Dependent Adult Abuse Reporting

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A Mandated Reporter's Guide to Elder Dependent Adult Abuse Reporting DPSS 4362 (05/14) 4362 DPSS ADULT SERVICES DIVISION ADULT DepartmentCounty of ofPublic Riverside Social Services A Mandated Reporter’s Guide to Elder Dependent Adult Abuse Reporting 1 WHAT IS A MANDATED REPORTER? Each year our elderly and dependent adult population increases. While many of our seniors and dependent adults live healthy, active lives, some are not so fortunate. In today’s economy, our avail- able resources cannot keep up with this rapid growth of older and dependent adults. We must pool our knowledge, expertise and resources to work smarter and more e$ciently to combat abuse and neglect and help this population continue to live to their fullest capacity, free from abuse, neglect and exploitation. The purpose of Mandated Reporter training and this book is to provide information to mandated reporters by helping them recognize signs of abuse and neglect, informing them of their legal obliga- tion to report, and how, when and where to report. Getting involved in building a stronger community care net that can save lives takes very little time or e#ort, but making a di#erence to one person, whose life may be saved or improved, is tremendous. Working together, we can make a di#erence! Some Important Statistics: In the United States, the 2010 Census recorded the greatest number and proportion of people aged 65 and older in all census history: 40.3 million, or 13% of the total population. This “Boomer Genera- tion” e#ect will continue for decades (1) By 2050, people aged 65 and older are expected to comprise 20% of the total U.S. population. The fastest growing segment of America’s population consists of those 85 and up (2). In 2010, there were 5.8 million people aged 85 or older. By 2050, it is projected that there will be 19 million people aged 85 and older (3). Approximately 19 million U.S. adults aged 18-64 have a disability (4). Institutionalized adult women with disabilities reported a 33% prevalence of having ever experienced interpersonal violence vs. 21% for institutionalized adult women without disabilities (5). 1 Visit us on Facebook When considering lifetime abuse by any perpetrator, a sample of 200 adult women with disabilities indicated that 67% had experienced physical abuse and 53% had experienced sexual abuse (6). In a study of 342 men, 55% of men experienced physical abuse by any person after becoming disabled. Nearly 12% of these men stated they experienced physical abuse by a personal assistance service provider over their lifetime (7). It is estimated that one in ten older Americans experience abuse or neglect each year. The number of abuse reports are growing at the same time that resources for agency responses are shrinking. County of Riverside Adult Services Division provides social service programs to help Riverside County’s elderly and dependent adults live with as much independence as possible We believe in a person’s right to dignity, self-determination and to live in the least restrictive environment possible. Elder and dependent adult abuse a#ects all of us; TOGETHER WE CAN MAKE A DIFFERENCE. 1U.S. Dept. of Commerce, U.S. Census Bureau. (2011) The older population: 2010 (Publication C2010BR-09). Washington, D.C.: Author. 2U.S. Dept. of Commerce, U.S. Census Bureau. (2008) Population projections, 2008. Washington, D.C: Author. 3U.S. Dept. of Commerce, U.S. Census Bureau. (2010) The next four decades: The older population in the U.S. 4U.S. Census Bureau (2010). Census 2010, American Fact Finder. Washington, D.C: Author 5Barrett, K. A., O’Day, B., Roche, A., & Carlson, B. L.(2009). Intimate partner violence, health status, and health care access among women with disabilities. Women’s Health Issues, 19(2), 94-100. 6Powers, L., Curry, M., Oschwald, M., Maley, S., Saxton, M. & Eckels, K. (2002). Barriers and strategies in addressing abuse: A survey of disabled women’s experiences. Journal of Rehabilitation, 68(1), 4-13. 7Powers, L, Saxton, M., Curry, M. Powers, J., Mc-Ne#, E. & Oschwald, M. (2008). End the silence: A survey of abuse against men with disabilities. Journal of Rehabilitation, 74(4), 41-53. 2 DEFINITIONS ELDER An Elder is any person 65 years of age or older. PC 368(b); W&IC 15610.27 DEPENDENT ADULT Any person between the ages of 18-64 who has physical or mental limitations that restrict his or her ability to carry out normal activities or to protect his or her rights. PC 368 (h) and W&IC 15610.23(a) CARETAKER Any person who has the care, custody or control of, or who stands in a position of trust with an elder or dependent adult (whether paid or not) PC368(i) TYPES OF ABUSE AND NEGLECT: (As De"ned in: Elder Abuse & Dependent Adult Civil Protection Act – W&IC, Division 9, Part 3, Chapters 11-13) Physical: The in!iction or threat of physical pain or injury to an elder or dependent adult by any person, unreasonable physical constraint or prolonged or continued deprivation of food or water, use of physical or chemical restraint of psychotropic medication for punishment (over or under medicating), unauthorized purposes or use beyond that which the medication was ordered. Includes: assault, battery, non-consensual sexual contact with, or exploitation of, an elder or dependent adult. PC 243.4, 261, 264.1, 262, 285, 286, 288a, 289 Financia l: (Including Consumer Fraud by a Business) Taking, hiding or using the money or property of an elder or dependent adult wrongfully or with intent to defraud. i.e. using undue in!uence to get a victim to sign docu- ments such as will, trust, property transfer, etc., with or without a Financial Power of Attorney. Neglect: Failure to provide needed care, custody or control of an elder or dependent adult to exercise a degree of care that a reasonable person in a like position would exercise, i.e.: care of basic body hygiene, clean, safe housing, adequate food and liquid, clean appropriate clothing, medical aids such as glasses and walkers or supervision for demented or developmentally delayed individuals. 3 NOTES: 36 NOTES: 35 DEFINITIONS Self-Neglect : Failure of an elder or dependent adult to provide themselves appropriate personal hygiene, medical care or protection from hazards or to prevent malnutrition or dehydration due to ignorance, illiteracy, incompetence, mental limitation, substance abuse, or poor health. Abandonment : Desertion or willful forsaking of an elder or dependent adult by anyone having the care or custody of that person under circumstances in which a reasonable person would continue to provide care and custody. Psychological/Mental Su#ering : Fear, agitation, confusion, severe depression, or other forms of serious emotional distress brought on by intimidating behavior, threats, harassment, or by deceptive acts, or by false or misleading statements made with malicious intent to agitate, confuse, frighten, or cause severe depression or serious emotional distress of an elder or dependent adult. Isolation: Purposeful prevention of communication between the elder or dependent adult and others (excluding activities pursuant to the instruction of a licensed physician or activities that are a reasonable response to a threat or danger to property or physical safety.) i.e. person of trust being violent, aggressive, controlling, uncaring or threatening withdrawal of care or nursing home placement. This abuse may also include isolating the victim for friends and family. Abduction : Removal from the state or restraining from returning to the state of California of any elder or dependent adult who does not have the capacity to consent to the removal/restraint (including any conser- vatee removed from the state or restrained from returning without the consent of the conservator or court.) 4 WHO IS A MANDATED REPORTER? Everyone should report all observed, known or suspected incidents of adult abuse, but the following persons are required by law to report: W&IC 15630(a) Any person who provides Health or Social Services to elderly or dependent adults (whether or not they are paid) is a MANDATED REPORTER. W&IC 15630(b)(1) Any mandated reporter, who in his/her professional capacity, or within the scope of his/her employ- ment, has observed or has knowledge of an incident that reasonably appears to be abuse, abandon- ment, isolation, +nancial abuse or neglect, or is told by an elder or dependent adult that he/she has experienced behavior constituting abuse, shall report the known or suspected abuse by telephone immediately. W&IC 15630(b)(1) Mandated reporting parties include, but are not limited to: t )FBMUIDBSFQSBDUJPOFST JODMVEJOHBENJOJTUSBUPSTPSFNQMPZFFTPGQVCMJDPSQSJWBUFGBDJMJUJFT PS agencies, or persons providing care or services for elders or dependent adults, as de+ned in W&IC 15610.17 t "EVMU1FSTPOBM$BSF1SPWJEFST t -BX&OGPSDFNFOU0óDFST t $MFSHZ t 1BSBNFEJDTBOE'JSF1FSTPOOFM t 'JOBODJBM*OTUJUVUJPOT 'JOBODJBM"CVTFJTSFQPSUFEPO40$ t $PEF&OGPSDFNFOU0óDFST t "OJNBM$POUSPM0óDFST t "EVMU$IJME1SPUFDUJWF4FSWJDFT4UBò 5 IMPORTANT NUMBERS AND RESOURCE LIST Ombudsman (Facility Abuse) 951-686-4402 Public Service Law Corporation 951-682-7968 t /PTVQFSWJTPSPSBENJOJTUSBUPSTIBMMJNQFEFPSJOIJCJUUIFSFQPSUJOHEVUJFT Riverside Co. Info & Referral Line 211 t /PQFSTPONBLJOHUIFSFQPSUTIBMMCFTVCKFDUUPTBODUJPOGPSNBLJOHUIFSFQPSU t *OUFSOBMQSPDFEVSFTNBZCFFTUBCMJTIFEUPGBDJMJUBUFSFQPSUJOH FOTVSFDPOöEFOUJBMJUZBOEBQQSJTF Riverside County Bar Association 951-682-7520 (Attorney Referral service; (Free legal services to eligible residents) Social Security Administration 800-772-1213 t 8IFOPSNPSFNBOEBUFESFQPSUFSTBSFQSFTFOU KPJOUMZIBWFLOPXMFEHFPSTVTQJDJPO DOMESTIC VIOLENCE Alternatives
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