Ref. to -- Adult abuse and neglect

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Marina
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Ref. to -- Adult abuse and neglect

Postby Marina » Wed Oct 04, 2006 3:40 pm

References to Adult Abuse and Neglect

There are several ways that this subject relates to Child Protection.

The system can be emotionally harmful, of course.

If the family is living under conditions that are inadequate, then they are entitled to social services. If the parents living conditions are so unfit, then why didn't CPS workers report them for self-neglect.

If parents are so drunk or doped up, etc., and they refuse treatment, and are determined to be unfit parents, then why didn't CPS report them to adult services for help. Social workers are mandated reporters, and failing to report is punishable by fine.

Also, CPS exploits parents, by making money off their children being in foster care.

When Social Services becomes representative payee for a child's social security income, or fails to let them off paying child support, then that is also exploitation.

Marina
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Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Virginia

Postby Marina » Wed Oct 04, 2006 3:49 pm

Virginia

§ 63.2-100. Definitions.

"Adult neglect" means that an adult is living under such circumstances that he is not able to provide for himself or is not being provided services necessary to maintain his physical and mental health and that the failure to receive such necessary services impairs or threatens to impair his well-being.

http://leg1.state.va.us/cgi-bin/legp504 ... d+63.2-100

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§ 63.2-1603. Protection of adults; definitions.

"Adult" means any person 60 years of age or older, or any person 18 years of age or older who is incapacitated and who resides in the Commonwealth; provided, however, "adult" may include qualifying nonresidents who are temporarily in the Commonwealth and who are in need of temporary or emergency protective services.

"Incapacitated person" means any adult who is impaired by reason of mental illness, mental retardation, physical illness or disability, advanced age or other causes to the extent that the adult lacks sufficient understanding or capacity to make, communicate or carry out responsible decisions concerning his or her well-being.

http://leg1.state.va.us/cgi-bin/legp504 ... +63.2-1603

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§ 63.2-1606. Protection of aged or incapacitated adults; mandated and voluntary reporting.

A. Matters giving reason to suspect the abuse, neglect or exploitation of adults shall be reported immediately upon the reporting person's determination that there is such reason to suspect.

Reports shall be made to the local department or the adult protective services hotline in accordance with requirements of this section by the following persons acting in their professional capacity:
1. Any person licensed, certified, or registered by health regulatory boards
5. Any person employed by or contracted with a public or private agency or facility and working with adults in an administrative, supportive or direct care capacity;
H. Any person who fails to make a required report or notification pursuant to subsection A shall be subject to a civil penalty of not more than $500 for the first failure and not less than $100 nor more than $1,000 for any subsequent failures.

http://leg1.state.va.us/cgi-bin/legp504 ... +63.2-1606

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22VAC40-740-10. Definitions.

"Adult" means any person in the Commonwealth who is abused, neglected, or exploited, or is at risk of being abused, neglected, or exploited; and is 18 years of age or older and incapacitated, or is 60 years of age and older.

"Exploitation" means the illegal use of an incapacitated adult or his resources for another's profit or advantage. This includes acquiring a person's resources through the use of that person's mental or physical incapacity; the disposition of the incapacitated person's property by a second party to the advantage of the second party and to the detriment of the incapacitated person; misuse of funds; acquiring an advantage through threats to withhold needed support or care unless certain conditions are met; persuading an incapacitated adult to perform services including sexual acts to which the adult lacks the capacity to consent.

"Incapacitated person" means any adult who is impaired by reason of mental illness, mental retardation, physical illness or disability, or other causes to the extent that the adult lacks sufficient understanding or capacity to make, communicate or carry out reasonable decisions concerning his or her well-being. This definition is for the purpose of establishing an adult's eligibility for adult protective services and such adult may or may not have been found incapacitated through court procedures.

"Lacks capacity to consent" means a preliminary judgment of a local department of social services social worker that an adult is unable to consent to receive needed services for reasons that relate to emotional or psychiatric problems, mental retardation, developmental delay, or other reasons which impair the adult's ability to recognize a substantial risk of death or immediate and serious harm to himself. The lack of capacity to consent may be either permanent or temporary. The worker must make a preliminary judgment that the adult lacks capacity to consent before petitioning the court for authorization to provide protective services on an emergency basis

"Mental anguish" means a state of emotional pain or distress resulting from activity (verbal or behavioral) of a perpetrator. The intent of the activity is to threaten or intimidate, to cause sorrow or fear, to humiliate or ridicule. There must be evidence that it is the perpetrator's activity which has caused the adult's feelings of pain or distress.

"Neglect" means that an adult is living under such circumstances that he is not able to provide for himself or is not being provided such services as are necessary to maintain his physical and mental health and that the failure to receive such necessary services impairs or threatens to impair his well-being. Neglect includes the failure of a caregiver, or some other responsible person, to provide for basic needs to maintain the adult's physical and mental health and well-being; and it includes the adult's neglect of self. Neglect includes:

2. 1. The lack of clothing considered necessary to protect a person's health;
2. The lack of food necessary to prevent physical injury or to maintain life, including failure to receive appropriate food when persons have conditions requiring special diets;
3. Shelter which is not structurally safe; has rodents or other infestations which may result in serious health problems; does not have a safe and accessible water supply, heat source or sewage disposal. Adequate shelter for a person will depend on the impairments of an individual person; however, the person must be protected from the elements which would seriously endanger his health (rain, cold, heat) and result in serious illness or debilitating conditions;

5. The failure of persons who are responsible for caregiving to seek needed medical care or to follow medically prescribed treatment for an adult, or the adult has failed to obtain such care for himself. The needed medical care is believed to be of such a nature as to result in physical or mental injury or illness if it is not provided; and

6. An adult who is self-neglecting by not meeting his own basic needs due to mental or physical impairments. Basic needs refer to such things as food, clothing, shelter, health or medical care.

http://leg1.state.va.us/cgi-bin/legp504 ... C40-740-10



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Marina
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Postby Marina » Sun Nov 26, 2006 6:26 pm

The policy manual for Iowa gives different terminology and criteria, which may be useful in researching your own state.


DEPENDENT ADULT PROTECTIVE SERVICES

http://www.dhs.state.ia.us/policyanalys ... omm195.pdf

page 6 - They use the term, Dependent Adult
The criteria is that they "require assistance from another" to obtain services.

(Oh, we know about services!)

Caretaker provides "protection, care, or custody"... "or by order of the court.”

page 9
Exploitation

The act or process of taking unfair advantage of a dependent adult or the adult’s physical or
financial resources for one’s own personal or pecuniary profit, without the informed consent
of the dependent adult including theft, by the use of undue influence, harassment, duress,
deception, false representation, or false pretenses as a result of the willful or negligent acts or
omissions of a caretaker.

Informed consent means a dependent adult’s agreement to allow something to happen
that is based on a full disclosure of known facts and circumstances needed to make the
decision intelligently, i.e., knowledge of risks involved or alternatives.

• Theft...

Undue influence means the improper use of power or trust in a way that deprives a
person of free will and substitutes another’s objectives. Consent to a contract,
transaction, relationship, or conduct is violable if the consent is obtained through undue
influence.

Harassment means when a person purposefully and without legitimate purpose, has
personal contact with another person, with the intent to threaten, intimidate, or alarm that
other person.

Duress means a condition where one is induced by wrongful act or threat of another to do
something under circumstances, which deprive him/her to the exercise of free will.
Duress may also include the same injuries, threats, or restraint exercised upon a person’s
spouse, child or parent. Broadly, the threat of confinement or detention, or other threat of
harm, used to compel a person to do something against his or her will or judgement.

Deception means the act of deceiving, intentional misleading by falsehood spoken or
acted. It means knowingly and willfully making a false statement or representation
pertaining to a present or past existing fact.

False representation is the act or making a false or misleading statement about
something, usually with the intent to deceive. The statement so made; an assertion that
does not accord with the facts.

False pretenses is the crime of knowingly obtaining title to another’s personal property
by misrepresenting a fact with the intent to defraud.

page 10
Denial of Critical Care:
The deprivation of the minimum food, shelter, clothing, supervision, physical or mental
health care, or other care necessary to maintain a dependent adult's life or health, as a result
of the willful or negligent acts or omissions of a caretaker.

Note: This includes the following subcategories:

• Denial of or failure to provide adequate food
• Denial of or failure to provide adequate shelter
• Denial of or failure to provide adequate clothing
• Denial of or failure to provide adequate medical care
• Denial of or failure to provide adequate mental health care
• Denial of or failure to meet emotional needs necessary for normal functioning
• Denial of or failure to provide proper supervision
• Denial of or failure to provide adequate physical care

page 11
When the referral does not meet the criteria for an evaluation but alleges illegal activity, notify
law enforcement. All rejected intakes must be sent to the county attorney’s office.


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