with complete solution
Chapter 19A
Department of elder affairs
Abuse
An act or omission which results in serious physical or emotional injury to an elderly
person or financial exploitation of an elderly person; or the failure, inability, or resistance
of an elderly person to provide for him one or more of the necessities essential for
physical and emotional well-being without which the elderly person would be unable to
safely remain in the community.
Exceptions to abuse
tenets and teachings of the church or religious denomination by a duly accredited
practitioner thereof.
Definition of "Elderly person"
an individual who is sixty years of age or over
Definition of "Emergency" for elder abuse
A situation in which an elderly person is living in conditions which present a substantial
risk of death or immediate and serious physical or mental harm.
Definition of "Guardian" of elderly
a person who has qualified as a guardian of an elderly person pursuant to chapter two
hundred and one, but shall not include a guardian ad litem
Timeline for reporting abuse
1) Immediately make a verbal report
2) Within 48 hours make a written report
Who makes a report in a corporation or agency
The worker reports to the executive director, then the executive director reports verbally
and in writing.
When is the reporter liable
If the reporter was the perpetrator of abuse or inflicted or caused abuse.
Authorized activities of protective services agencies
1) receive and investigate reports
2) to furnish protective services WITH person's consent
3) to petition the court for appointment of a conservator or guardian or for issuance of
an emergency order
4) to furnish protective services in an emergency
5) to furnish protective services WITH the guardian's consent
6) to serve as conservator, guardian, or temporary guardian of a protected person
7) to perform all other functions determined to be necessary for the department
Procedure to assess and evaluate the information reported
1) visit to the residence
2) consultations with appropriate service agencies and individuals who have knowledge
of the situation of potential abuse
procedure of the department if abuse is founded
, 1) evaluate person's functional capacity
2) evaluate person's situation and resources
3) create a service plan for protective services that uses the least restrictive alternatives
Information to include when making a report
Name, address, age, info on abuse, anything else relevant to the case. Optionally,
reporter can leave contact info (name, address, phone).
Procedure if reasonable cause has been found for an abuse-related death.
death is immediately reported to the district attorney of the county in which the abuse
was reported. Within 45 days, the department will notify the reporter in writing regarding
response to report.
Agencies used to provide protective services
public and nonprofit private agencies closest to the protected person
The department insures that the designated agency has to:
1) demonstrate experience working with the profile of the protected person
2) there is continuity of care
3) have the capacity to respond to emergency calls 24 hours a day
additional services authorized to assist protected person
medical care, mental health care, and emergency financial assistance
Protected person is given services when:
protected person consents
If protected person lacks the ability to consent:
Department or agency can petition the court with specific facts that made them think the
person does not have the capacity to consent. The court then hears the case within 14
days.
Immediate family members rights in an emergency related to potential elderly
abuse
family members can petition the court for an emergency order for protective services
Geriatric evaluation process:
1) name and address of the place of residence
2) description of current treatment and services, if any
3) evaluation of person's current physical, mental, and social conditions
4) recommendation for the least restrictive environment
reimbursement process for protective services of elderly
elderly person will only be required to reimburse the department for protective services
if they are determined to have sufficient funds to do so.
Department process if elder abuse report is not substantiated
within three years, department will either destroy the report and other records related to
the case, or physically remove all identifying details from report
Chapter 19C
Disabled persons protection commission
Definition of "Disabled Person"
a person between the ages of 18 and 59 who is a person with an intellectual disability or
who is otherwise mentally or physically disabled as a result of such mental or physical
disability is wholly or partially dependent on others to meet his/her daily needs
Penalty for person who is required to report and does not
a fine of not more than 1000 dollars