Abuse, Neglect & Exploitation

Abuse, Neglect & Exploitation

Objective:

* To define regulations requiring the reporting of situations or abuse and/or neglect of children or adults.

* To provide guidelines for identifying and reporting suspected or actual cases of adult/child abuse and/or neglect.

* To protect those persons who are, either by physical or mental disability or dependence on institutional services, particularly vulnerable to abuse or neglect.

Clients have the right to be free from mental physical sexual and verbal abuse, neglect, and exploitation.

All personnel providing service in a client’s home are mandated to report abuse and/or neglect (including suspected abuse or neglect) of the vulnerable adult/child to the appropriate authorities

Abuse, neglect or exploitation of a client or the failure to report knowledge of these actions is considered unacceptable conduct and may result in disciplinary action, including termination.

DEFINITIONS

Vulnerable Adult: Anyone eighteen (18) years of age or older, who regardless of where the person is living, is unable or unlikely to report abuse or neglect without assistance because of mental or physical function impairment or his/her emotional status.

Vulnerable Child: Anyone under eighteen (18) years of age, who regardless of where the person is living, is unable or unlikely to report abuse or neglect without assistance because of mental or physical function impairment or his/her emotional status.

Abuse: The intentional and non-therapeutic infliction of pain or injury or any persistent conduct that causes physical harm, pain, mental or emotional distress.

· Any sexual contact between an agency staff member and a client of the agency, or

· The illegal use of a vulnerable adult’s/child’s person or property for another person’s profit or advantage, or

· The breach of a fiduciary relationship through the use of a person or a person’s property for any purpose not in the proper and lawful execution of a trust, or

· Any aversive and deprivation procedures that have not been authorized.

Neglect: The failure by a caregiver to supply the vulnerable adult/child with necessary food, clothing, shelter, health care or supervision, or

· Failure to provide medical care for physical or mental health need.

· Failure to meet the individuals need for affection, attention, and emotional nurturance.

· Failure to protect from health or safety hazards.

Abandonment: A person who has the care of, or custody of, another and leaves them in circumstances where a reasonable person would continue to provide care or custody.

Exploitation: The illegal use of an incapacitated adult or his resources for another’s profit or advantage.

Sexual Exploitation: Any person who knowingly promotes, aides or assists, employs, uses, persuades, induces, or coerces a child to engage in prostitution or a live performance involving obscene sexual conduct; any person who depicts a child in print, film, photograph or slide in which a child is engaged in sexual conduct.

Sexual Assault: Sexual battery, rape, incest, sodomy, oral copulation, or penetration of a genital or anal opening by a foreign object.

Persons Mandated to Report: all professional and nonprofessional caregivers who have knowledge of the abuse or neglect of a vulnerable adult/child, have reasonable cause to believe that a vulnerable adult/child is being or has been abused or neglected, or who have knowledge that a vulnerable adult/child has sustained a physical injury which is not reasonably explained by the history of injuries of the vulnerable adult/child that has been provided by the caregiver(s). When abuse or neglect is suspected or identified, the employee is to report the observations or findings:

· The employee shall immediately make an oral report by phone or otherwise to the Director of Clinical Services or Administrator and

· The employee shall immediately report to both the Indiana Department of Protective and Regulatory Service and the Indiana Department of Health Services (APS and local Authorities)

· IF THE EMPLOYEE FEELS THE PATIENT IS IN IMMEDIATE JEOPARY, THE EMPLOYEE WILL STAY WITH THE PATIENT UNTIL MANAGEMENT STAFF AND/OR LOCAL AUTHORITIES ARIVE AT THE HOUSE.

· The employee shall be instructed to complete a written report of the suspected abuse and/or neglect.

Possible indicators of abuse/neglect in dependent adults:

• Unexplained or poorly explained physical injuries.

• Reluctance to speak freely when caregiver or family members present.

• Poor personal hygiene, pressure ulcers, medication noncompliance.

* Symptoms of dehydration or malnutrition.

• Symptoms of depression.

• Suicidal ideation/attempts.

* Unexplained withdrawals from client funds

Any person making a report in good faith will have immunity from any civil liability that otherwise might result from this reporting. Failure to report is a misdemeanor and exposes the non-reporter to potential civil damages.

Abuse, Neglect & Exploitation Quiz



1. All personnel providing service in a client’s home are not mandated to report abuse and/or neglect (including suspected abuse or neglect).

True/False Circle One




2. List two possible indicators or abuse/neglect in dependent adults. ?



3. If an employee feels a patient is in immediate jeopardy, it is okay to leave their house and call office staff to report?




4. Any person making a report in good faith will have immunity from any civil liability.




5. Abuse, neglect or exploitation of a client or the failure to report knowledge of these actions is considered unacceptable conduct and may result in disciplinary action, including termination.




Answer Key:

1. False

2. -Unexplained or poorly explained physical injuries.

-Reluctance to speak freely when caregiver or family members present.

-Poor personal hygiene, pressure ulcers, medication noncompliance.

-Symptoms of dehydration or malnutrition.

-Symptoms of depression.

-Suicidal ideation/attempts

-Unexplained withdrawals from client funds

3. False

4. True

5. True