GUEST COLUMN

Sample Policy for Dealing with Suspected Abuse or Neglect

Victims of Suspected or Alleged Abuse or Neglect

Cases of suspected or alleged abuse or neglect must be reported to the director of client services (DCS), who in turn will evaluate the situation and report to the administrator within 24 hours. The DCS and administrator will investigate and evaluate the facts of the situation and report as appropriate to adult protection services and/or the department of human services.

All cases of suspected or alleged child abuse or neglect discovered are to be reported to local law enforcement officials and the department of human services.

This organization will maintain a list of community agencies that provide or arrange for assessment of or support for victims of suspected or alleged abuse. Examples of resources may be Parents Anonymous and the National Child Abuse Hotline.

Detailed notes are to be made in records with respect to the investigation, all observations made, discussions, history and behavior, including the date and place that information was obtained and who was present when the information was gathered.

Staff must separate factual material from opinions, inferences, conclusions, and diagnoses which they conclude from factual material.

This organization will consult and/or refer an MSW or other health care professional who specializes in abuse and neglect as appropriate. It will obtain the necessary medical attention as appropriate.

Legal Liability

Persons mandated to report child abuse (childcare custodians, medical practitioners and non-medical practitioners) are protected from civil and criminal liability. This means that these persons may not be prosecuted or held personally liable, even if subsequent investigation determines that the reported abuse did not occur.

Immunity from liability also extends to the taking of photographs and X-rays, and dissemination of these with the required reports.

Persons not mandated to report are nevertheless encouraged to report suspected child abuse, neglect and exploitation. Such persons who do report are protected from civil and criminal liability. However, making a false report constitutes a misdemeanor.

Criminal Liability

Failure to report suspected child abuse to the appropriate authorities is considered a crime. The department of human services hotline number is_________.

A person mandated to report, who fails to report an instance of child abuse which he or she knows to exist or reasonably should know to exist is guilty of a misdemeanor and is punishable by confinement in the county jail for a term not to exceed six months or a fine of not more than $500 or both.

Civil Liability

Failure to report suspected child abuse could also result in civil liability. A person who is mandated to report suspected abuse, but does not do so could be held responsible for the cost of any damage to the child.

These rules, regulations and laws may also apply to adults and the elderly.

Source: Healthcare Accreditation Consultants, Fairview, TN.