Mandated Abuse Reporting for Children and Adults

1. Mandated Abuse Reporting for Children and Adults Robert W. Marrs, MS, LMFT AAMFT Approved Supervisor On Behalf of Wisconsin Association for Marriage and Family Therapy

2. Child Abuse Reporting • The State of Wisconsin requires individuals who work in certain professions to report child and adult abuse and neglect. With some exceptions, any of the following individuals who “has reasonable cause to suspect that a child seen by the person in the course of professional duties has been abused or neglected or who has reason to believe that a child seen by the person in the course of professional duties has been threatened with abuse or neglect and that abuse or neglect of the child will occur” must report as described below [See Wis. Stat. sec. 48.981(2)(a)].

3. Child Abuse Reporting • Every new instance of child abuse or neglect must be reported. Reporters are protected from discharge for reporting child abuse. Reports must be made to law enforcement, the child welfare agency (CWA), or child protective services (CPS) agency. Law enforcement must refer all reports to CWA or CPS agencies within 12 hours. CWA or CPS agencies must refer reports of sexual abuse to law enforcement within 12 hours and must also develop a policy regarding referrals for other types of abuse. These agencies are required to collaborate with each other when investigating sexual abuse.

4. Physician Dentist Nurse Clergy Medical / Mental Health Professional AODA Counselor Optometrist Case Manager Teacher / School Counselor Occupational Therapist Speech Therapist Physical Therapist Public Assistance Worker Child Care Worker Dietician Financial / Employment Planners Child Abuse Reporting: Who Must Report? Wis. Stat. 48.981 (2)(a)

5. Child Abuse Reporting: What Is Abuse? Wi. Stat. 48.02(1) • Physical Abuseinflicted on a child by non-accidental means, serious physical harm inflicted on an unborn child, and the risk of serious physical harm to a child when born, caused by the habitual lack of self-control of the expectant mother in the use of alcoholic beverages, controlled substances, or controlled substance analogs, exhibited to a severe degree

6. Child Abuse Reporting: What Is Abuse? Wi. Stat. 48.02(1) • Sexual Abuse, defined as sexual intercourse or sexual contact under s. 940.225, 948.02, or 948.025 (sexual assault, sexual assault of a child, and repeated acts of sexual assault of the same child) • Sexual exploitation of a child • Causing a child to view or listen to sexual activity • Permitting, allowing, or encouraging a child to engage in prostitution • Exposing genitals or pubic area

7. Child Abuse Reporting: What Is Abuse? Wi. Stat. 48.02(1) • Emotional Damagefor which the child’s parent, guardian, or legal custodian has neglected, refused, or been unable for reasons other than poverty to obtain the necessary treatment or to take steps to relieve the symptoms.

8. Child Abuse Reporting: What Is Abuse? Wi. Stat. 48.02(1) • Neglectis the “failure, refusal or inability on the part of a parent, guardian, legal custodian, or other person exercising temporary or permanent control over a child, for reasons other than poverty, to provide necessary care, food, clothing, medical or dental care or shelter so as to seriously endanger the physical health of the child”

9. Elder Abuse Reporting • Elder Adult-at-Risk, as defined in Wis. Stat. § 46.90(br), means any person age 60 or older who has experienced, is currently experiencing, or is at risk of experiencing abuse, neglect, self-neglect, or financial exploitation.

10. Elder Abuse Reporting • Adult-at-Risk, as defined in Wis. Stat. § 55.043(1e), means any adult who has a physical or mental condition that substantially impairs his or her ability to care for his or her needs and who has experienced, is currently experiencing, or is at risk of experiencing abuse, neglect, self-neglect, or financial exploitation.

11. Elder Abuse Reporting: What Is Elder Abuse? • Abuse means any of the following: • Physical abuse: intentional or reckless infliction of physical pain or injury, illness, or any impairment of physical condition. • Emotional abuse: language or behavior that serves no legitimate purpose and is intended to be intimidating, humiliating, threatening, frightening, or otherwise harassing, and that does or reasonably could intimidate, humiliate, threaten, frighten, or otherwise harass the individual to whom the conduct or language is directed.

12. Elder Abuse Reporting: What Is Elder Abuse? • Abuse means any of the following: • Sexual abuse: a violation of criminal assault law, s. 940.225 (1), (2), (3), or (3m). • Treatment without consent: the administration of medication to an individual who has not provided informed consent, or the performance of psychosurgery, electro-convulsive therapy, or experimental research on an individual who has not provided informed consent, with the knowledge that no lawful authority exists for the administration or performance.

13. Elder Abuse Reporting: What Is Elder Abuse? • Abuse means any of the following: • Unreasonable confinement or restraint: the intentional and unreasonable confinement of an individual in a locked room, involuntary separation of an individual from his or her living area, use on an individual of physical restraining devices, or the provision of unnecessary or excessive medication to an individual, but does not include the use of these methods or devices in entities regulated by the department if the methods or devices are employed in conformance with state and federal standards governing confinement and restraint.

14. Elder Abuse Reporting: What Is Elder Abuse? • Financial Exploitation means any of the following Wis. Stat. § 46.90 (1): • Obtaining an individual's money or property by deceiving or enticing the individual, or by forcing, compelling, or coercing the individual to give, sell at less than fair market value, or in other ways convey money or property against his or her will without his or her informed consent. • Theft, as prohibited in s. 943.20.

15. Elder Abuse Reporting: What Is Elder Abuse? • Financial Exploitation means any of the following Wis. Stat. § 46.90 (1) : • The substantial failure or neglect of a fiscal agent to fulfill his or her responsibilities. • Unauthorized use of an individual's personal identifying information or documents, as prohibited in s. 943.201. • Unauthorized use of an entity's identifying information or documents, as prohibited in s. 943.203.

16. Elder Abuse Reporting: What Is Elder Abuse? • Financial Exploitation means any of the following Wis. Stat. § 46.90 (1) : • Forgery, as prohibited in s. 943.38. • Financial transaction card crimes, as prohibited in s.943.41.

17. Elder Abuse Reporting: What Is Elder Abuse? • Neglect means… • The failure of a caregiver, as evidenced by an act, omission, or course of conduct, to endeavor to secure or maintain adequate care, services, or supervision for an individual, including food, clothing, shelter, or physical or mental health care, and creating significant risk or danger to the individual's physical or mental health. "Neglect" does not include a decision that is made to not seek medical care for an individual, if that decision is consistent with the individual's previously executed declaration or do-not-resuscitate order under Chapter 154, a power of attorney for health care under Chapter 155, or as otherwise authorized by law.

18. Elder Abuse Reporting: What Is Elder Abuse? • Self-Neglect means… • A significant danger to an individual's physical or mental health because the individual is responsible for his or her own care but fails to obtain adequate care, including food, shelter, clothing, or medical or dental care.

19. Aurora Family Service Reporting Guidelines • Mandatory abuse reporting for children, elders, and adults-at-risk constitutes a critical incident. All providers should refer to their agency critical incident policy and procedures for managing and reporting critical incidents.

20. Aurora Family Service Reporting Guidelines • Take every case, actual or suspected, seriously. • Remind clients that you are a mandated reported under Wisconsin State Law, and therefore required to report real or suspected cases of abuse. • Listen for imminent danger or risk. Is safety an immediate issue? If yes, immediately consult with a licensed provider, clinical supervisor, or clinic administrator, and the Police.

21. Aurora Family Service Reporting Guidelines • If there is some question as to whether an incident is reportable or not, make the report to the appropriate authority describing the incident but without providing client information. Document the name and number of the person you made the report to, and their recommendation.

22. Aurora Family Service Reporting Guidelines • Explain to the client how the reporting process works. Your obligation is to report the incident not to decide the merits of the case, or conduct the investigation. • Encourage the client, parent, or legal guardian to make the call personally, preferably right there in your office. • Conduct a risk assessment to ensure safety and proper care.

23. Aurora Family Service Reporting Guidelines • Immediately notify your clinical supervisor and clinic administrator of the report. • Follow your agency’s policies and procedures regarding critical incidents and document the incident in a progress note. • Include a description of the allegation, your risk assessment, safety / treatment recommendations, the name/number of who you filed the report with, and the their recommendation. • Incidents of child and elder abuse must be reported within 24 hours of the allegation.

24. Aurora Family Service Reporting Guidelines • Consult with your supervisor and clinic administrator to determine treatment changes, modifications, and recommendations for the long-term.