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Abuse, Neglect and Exploitation . Adapted from a presentation developed by Tri-Valley Developmental Services (TVDS) and shared with KIPBS by Julie Kent from Cohort 6. A Brief Profile of Abuse. 18,000 children a year become disabled as a direct result of abuse: 1500 per month, 50 a day

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abuse neglect and exploitation

Abuse, Neglect and Exploitation

Adapted from a presentation developed by Tri-Valley Developmental Services (TVDS) and shared with KIPBS by Julie Kent from Cohort 6

a brief profile of abuse
A Brief Profile of Abuse
  • 18,000 children a year become disabled as a direct result of abuse: 1500 per month, 50 a day
  • It is estimated that 25-27% of children with disabilities sustained these disabilities as a direct result of abuse (Baladarian, 1991)
  • A child with a functional disability has 7 times greater risk of being abused (NCCAN Report, 1993)
slide3
The incidence of maltreatment among children with disabilities was 1.7 times higher than for children without disabilities (Beach Center, 1995)
  • 85-95 % of persons with developmental disabilities have been abused at some time in their lives (Baladarian & Duehn,1996)
slide4
Adults with a developmental disability are one and one half times more likely to be abused than adults without a developmental disability (D. Sobsey,1994)
  • 98.9 % of the time, the victim knows the offender (W. Duehn, PhD., University of Texas)
stress alarm signals
Minor hassles seem like a big deal

Problems are overwhelming

Major changes in life: promotions, job changes, moving, birth of a child, holidays, etc.

Options seem few or non-existent

Individual feels…

He/she is alone

No one seems to care

No one will listen, such as family, friends, work colleagues, etc.

Stress Alarm Signals
what is abuse
What is abuse?

Physical Abuse: Any act (or failure to act) performed intentionally or recklessly that causes, or is likely to result in, harm to an individual including:

  • infliction of physical or mental injury;
  • unreasonable use of restraint;
  • isolation that harms or is likely to harm the person;
  • medication that harms or is likely to harm the person; and
  • unreasonable use of physical or chemical restraint (psychotropic meds) or isolation as punishment, in direct conflict with a physician’s orders or in substitution for treatment [of more concernfor adults with disabilities in placements]
slide7
Sexual Abuse: Any sexual act between an adult and a minor (under age of 16 in Kansas) or between two minors when there is a five-year or more age difference between the older perpetrator and the minor victim; or when anyone over 16 yrs. old does not consent; or when the perpetrator knows or should know that the victim is incapable of resisting or declining consent to the sexual act due to mental deficiency or disease or due to fear of retribution.
slide8
Verbal Abuse: A threat or menacing conduct directed towards an individual that results or might reasonably be expected to result in fear, or emotional or mental distress to the person. Verbal abuse refers to any degrading, dehumanizing, menacing or threatening communication used against an individual.
neglect is a failure to
Neglect is a failure to….
  • Act responsibility as a caregiver/parent
  • Provide proper nutrition, adequate shelter, and appropriate clothing
  • Provide and coordinate medical care, oversight of medications, health and safety
  • Protect from social and physical danger
  • Provide education, services and supports
exploitation is
Exploitation is….
  • Misappropriation of an individual’s property, or
  • Intentionally taking unfair advantage of an individual’s physical or financial resources for another person’s financial or personal advantage by the use of undue influence, coercion, harassment, duress, deception, false representation, or false pretense by a caretaker or another person.
who is a mandatory reporter
Professionals-in-training enrolled in KIPBS program

Doctors

Psychologists

Social workers

Nurses

Teachers

Staff working in community agencies; e.g. residential, employment, mental health

Law enforcement

Case managers

Guardians or conservators

Bank trust officers

Rehab counselors

Administrative officers for a medical care facility

Operators of care facilities

Who is a mandatory reporter?
mandated reporting
Mandated Reporting

You are a mandatory reporter of Abuse, Neglect, and Exploitation

Two reporting centers (Wichita & Topeka)

Call-takers are no longer able to tell if the child/adult receives HCBS and should contact SRS

If the person has a disability (physical, emotional, intellectual), tell the call-taker

when should you call
When should you call?
  • Evidence of ANE is serious enough for medical or legal intervention by authorities
  • Unexplained patterns of incidents that may indicate abuse or neglect is happening
  • Suspected criminal involvement
  • Person tells you they have been abused or neglected
  • Violations observed of denying a person’s rights, or the unauthorized use of restrains, seclusion, or psychotropic medications
what are the steps for the mandatory reporting of possible ane
What are the steps for the mandatory reporting of possible ANE?
  • Call the Kansas Protection Report Center (PRC) hotline, if you suspect a child is being abused or neglected in Kansas
    • Cell phone users should call 785-296-0044
    • If calling in Kansas but outside of Topeka, call (800) 922-5330
    • If calling in Topeka or outside of Kansas, call (785) 296-2561/0044
  • If the child has a disability, call the CDDO after the hotline
  • If the child has a disability and also receives waiver services of some type, contact the appropriate SRS Performance Improvement staff person
  • PRC phone lines are staffed 24 hrs. a day/7 days a week
  • All calls must be made within 24 hours of the incident!
  • Every call is taken seriously & every effort will be made to protect your identity. In an emergency, call 911 or local law enforcement.
mandated reporting waiver
Mandated Reporting--Waiver

Also report if you know the child is on any waiver

Check interactive maps or the table for the Performance Improvement Coordinator for the region the child lives in

MR/DD

http://www.srskansas.org/hcp/css/pdf/Regional_Map_DD_QA_PI.pdf

PD/TBI/TA

http://www.srskansas.org/hcp/css/pdf/Regional_Map_DD_QA_PD.pdf

Mental Health

http://www.srskansas.org/hcp/MHSIP/pdf/MH_PI_QA_sups_directory.pdf

If it is known that the child is on the MR/DD waiver, the CDDO would also like to know about the report.

http://www.srskansas.org/hcp/css/CDDOMap.htm

slide16

When a report of abuse or neglect is made to SRS, an Initial Assessment is completed to determine if SRS should become involved. If the report meets the criteria for SRS involvement, it is investigated by a social worker or special investigator. Law enforcement may also investigate if a social worker is not available or a joint investigation is warranted. If it is determined that a child's safety is at risk, then a recommendation is made by SRS or law enforcement to the court regarding the necessary action that should be taken. The court is ultimately responsible for the decision to remove a child from the home. This may require placing the child in foster care or with a relative. When making a recommendation to remove a child, SRS must weigh the emotional harm of being removed from the home, with the likelihood of harm if the child remains in the home.

Child Protective Services (CPS) may also be provided in non-abuse or neglect situations, without proper parental care and control, truancy, and runaways. Investigations often result in families being referred to services such as family preservation, foster care, or other services available in the community.

slide17
Do not wait.
  • Do not hesitate.
  • You must act now.
  • You must act immediately.
  • You don’t need to get anyone’s permission to make the calls.
  • It is the responsibility of Kansas SRS to make the determination of abuse, neglect or exploitation—not you!
website information
Website Information

Guide to Reporting Child Abuse & Neglect: http://www.srskansas.org/CFS/Child%20Abuse%20Reprting%20Guide.pdf

http://www.srskansas.org/CFS/Program%20Descriptions/programs.htm#ChildProtectiveServices

rights of the reporter
Your name will be kept confidential

No punitive action will be taken against you for reporting, if it is done in good faith

You have immunity for reports made in good faith

“Good faith” means that your intentions were to protect the health, safety and well-being of the dependent person

You must provide factual information

You do not determine guilt or innocence

Rights of the Reporter

.

rights of the individual accused of abuse neglect exploitation
Rights of the Individual Accused of Abuse, Neglect & Exploitation
  • To be treated with dignity and respect.
  • To ask authorities to identify themselves.
  • To be informed of their rights.
  • To know the allegations against them.
  • To be informed of legal process.
  • To be informed of findings of investigation.
  • To appeal any confirmation of findings.
  • To obtain legal counsel, if desired.
slide21
SUMMARY
  • Any KIPBS professional-in-training who suspects that abuse, neglect or exploitation is or has taken place, shall immediately take appropriate action to ensure that any involved child or children (or person[s] during case studies) are protected while an investigation is conducted.
  • Professionals-in-training shall immediately report any incident of suspected abuse, neglect or exploitation, directly or anonymously to a SRS Protection Report Center—the two state Centers are staffed 24 hrs. a day/7 days a week.