California Elder Abuse Paper
Elder Abuse in California
The state of California, defines elders as persons 65 years and older. Approximately half of all nursing home residents recently surveyed stated they have been abused; almost all reported victimization by neglect or witnessed the neglect of another resident (Nursing Home Abuse, 2014). California Law states that elder abuse can be both civil and criminal. Elderly abuse can exist in the form of neglect, abandonment isolation, physical abuse, financial and verbal abuse.
Mandatory Reporting Issue
An example of an elderly mandated reporting issue is elderly abuse in a Nursing Facility. Elderly abuse in Nursing homes is more common than people realize. Neglect of care, abuse, and isolation are common forms of elderly abuse in nursing homes.
The second example of an elderly mandated reporting issue is financial elderly abuse. This occurs when someone illegally uses an elder’s funds, property, or forging of an elderly person’s signature.
Two Legal Issues of Elder Abuse
A legal issue of elderly abuse in a nursing care facility is that the facility is liable for the safety of the client.
Medical malpractice is also a legal issue of elder abuse. If the abuse in the nursing facility results in …show more content…
death, a malpractice lawsuit be filed.
Two Ethical Issues of Elder Abuse
An ethical challenge of elder abuse is culture. As a counselor, understanding that different cultures may have different perceptions of behaviors of what they define as elder abuse is important to
A second ethical challenge of elderly abuse in nonmalfeasance or failing to act. Individuals may feel that they me be retaliated against if they report an incidence of elderly abuse at a facility to authorities
California Statutory Elder Abuse Requirements
The law requires mandated reporters to make a verbal report immediately or as soon as practical.
In addition a written report is to California State Form: SOC 341, Report of Suspected Dependent Adult/Elder Abuse within two working days (CANHR, 2016). Failure to report, physical abuse, abandonment, abduction, isolation, financial abuse, or neglect of an elder is a misdemeanor, punishable by six months in the county jail and a fine of $1,000 (CANHR, 2016). Any mandated reporter who willfully fails to report physical abuse, abandonment, abduction, isolation, financial abuse, or neglect of an elder where that abuse results in death or great bodily injury, shall be punished by not more than one year in a county jail and a fine of $5,000 (CANHR,
2016).
Conclusion
Anyone with concerns about elderly abuse can call 911, their local law enforcement office, Department of Public Health, Department of Social Services, Adult Protective Services, and the Long-Term Care Ombudsman Program for assistance. In addition, in California, mandated reporters must report suspected, and confirmed elderly abuse, such as physical and verbal abuse, neglect, financial abuse, and isolation by completing form SOC341(CANHR, 2016). There is also a nursing home abuse hotline to call in California.
The state of California, defines elders as persons 65 years and older. Approximately half of all nursing home residents recently surveyed stated they have been abused; almost all reported victimization by neglect or witnessed the neglect of another resident (Nursing Home Abuse, 2014). California Law states that elder abuse can be both civil and criminal. Elderly abuse can exist in the form of neglect, abandonment isolation, physical abuse, financial and verbal abuse.
Mandatory Reporting Issue
An example of an elderly mandated reporting issue is elderly abuse in a Nursing Facility. Elderly abuse in Nursing homes is more common than people realize. Neglect of care, abuse, and isolation are common forms of elderly abuse in nursing homes.
The second example of an elderly mandated reporting issue is financial elderly abuse. This occurs when someone illegally uses an elder’s funds, property, or forging of an elderly person’s signature.
Two Legal Issues of Elder Abuse
A legal issue of elderly abuse in a nursing care facility is that the facility is liable for the safety of the client.
Medical malpractice is also a legal issue of elder abuse. If the abuse in the nursing facility results in …show more content…
death, a malpractice lawsuit be filed.
Two Ethical Issues of Elder Abuse
An ethical challenge of elder abuse is culture. As a counselor, understanding that different cultures may have different perceptions of behaviors of what they define as elder abuse is important to
A second ethical challenge of elderly abuse in nonmalfeasance or failing to act. Individuals may feel that they me be retaliated against if they report an incidence of elderly abuse at a facility to authorities
California Statutory Elder Abuse Requirements
The law requires mandated reporters to make a verbal report immediately or as soon as practical.
In addition a written report is to California State Form: SOC 341, Report of Suspected Dependent Adult/Elder Abuse within two working days (CANHR, 2016). Failure to report, physical abuse, abandonment, abduction, isolation, financial abuse, or neglect of an elder is a misdemeanor, punishable by six months in the county jail and a fine of $1,000 (CANHR, 2016). Any mandated reporter who willfully fails to report physical abuse, abandonment, abduction, isolation, financial abuse, or neglect of an elder where that abuse results in death or great bodily injury, shall be punished by not more than one year in a county jail and a fine of $5,000 (CANHR,
2016).
Conclusion
Anyone with concerns about elderly abuse can call 911, their local law enforcement office, Department of Public Health, Department of Social Services, Adult Protective Services, and the Long-Term Care Ombudsman Program for assistance. In addition, in California, mandated reporters must report suspected, and confirmed elderly abuse, such as physical and verbal abuse, neglect, financial abuse, and isolation by completing form SOC341(CANHR, 2016). There is also a nursing home abuse hotline to call in California.