ABUSE DETECTION AND REPORTING - SCRIPT
This training will cover the legal requirements of reporting suspected abuse of dependent adults and seniors. In this presentation, we will define who are “Mandated Reporters,” who is protected under the law, what activities constitute “abuse,” how reports are submitted and the legal consequences for failing to report suspected abuse.
California law requires employees and volunteers of State licensed organizations to report known or suspected abuse of dependent adults or elders. Agape Home Care is licensed by the Home Care Services Bureau (HCSB), a division of California’s Department of Social Services, and as a registered “Home Care Aide” associated with this agency, you are a “mandated reporter.”
WHO IS PROTECTED:
”Elder” means any person who is 65 years of age or older. “Dependent Adult” means any person between the ages of 18 and 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 including, but not limited to: persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age and those requiring 24-hour supervised care.
WHAT IS ABUSE:
“Abuse” is defined as follows: 1) physical abuse (assault, battery, unreasonable constraint or prolonged denial of food or water, any form of sexual assault including lewd and lascivious acts, physical or chemical restraint as punishment or by administering medications beyond their prescribed use); 2) causing serious bodily injury (resulting in great pain, physical harm, risk of death or requiring medical attention); 3) neglect (negligence in providing reasonable care - food, shelter, clothing, personal hygiene care, medical care for physical or mental health needs, failure to protect from health or safety hazards, failure to prevent malnutrition or dehydration, failure to protect an individual from self neglect or harm due to poor mental or physical health or substance abuse); 4) financial abuse (to take, secrete, appropriate, obtain or retain real or personal property - houses, lands, money, information, possessions or medications - for a wrongful use or with intent to defraud OR to assist anyone in such financial abuse EITHER by theft OR through undue influence); 5) abandonment (desertion or willfully forsaking by anyone having care or custody of that person under circumstances in which a reasonable person would continue to provide care and custody); 6) isolation (preventing from receiving mail, telephone calls or visitors contrary to the express wishes, by means of false representation, imprisonment, physical restraint; 7) abduction (removal from or restraining from returning to this state without consent, approval or authorization).
Report suspected abuse as follows: 1) immediately notify administrative personnel, Executive Director or Office Manager of the incident; 2) complete the Report of Suspected Dependent Adult/Elder Abuse form (SOC 341); 3) submit this form to Adult Protective Services as soon as possible, within two business days of the incident (call 911 if there is eminent danger of serious bodily harm or injury); 4) provide a copy of this form to the Administrative Office personnel to be retained in your file.
Adult Protective Services office is located at:
808 E Street
Eureka, CA 95501
The Report of Suspected Dependent Adult/Elder Abuse form (SOC 341) can be obtained at Adult Protective Services, the Agape Home Care Administrative Office or downloaded off our website on our Resources page.
FAILURE TO REPORT:
Failure to report abuse of an elder or dependent adult is a MISDEMEANOR CRIME, punishable by jail time (up to six months or one year if failure to report results in death or great bodily injury), a fine (up to $1,000 dollars or $5,000 if failure to report results in death or great bodily injury) or both. Reporting duties are individual, and no supervisor or administrator shall impede or inhibit the reporting duties, and no person making the report shall be subject to any sanction for making the report.
This training provided an overview of reporting suspected abuse of dependent adults and seniors. We’ve defined who are “Mandated Reporters,” who is protected, what activities constitute “abuse,” how reports are submitted and the legal consequences for failing to report. Any questions about the contents or application of this training can be directed to our administrative personnel, Executive Director or Office Manager. Thank you!