ABUSE, NEGLECT AND FINANCIAL EXPLOITATION

[Pages:36]MODULE 4

ABUSE, NEGLECT AND

FINANCIAL EXPLOITATION

Residential Director Core Training Recognizing, Reporting and Preventing Abuse and Neglect Module 4

TABLE OF CONTENTS

ABUSE AND NEGLECT OVERVIEW ................................................................................... 4 WHY ARE PEOPLE WITH DEVELOPMENTAL DISABILITIES MORE AT RISK? .................. 6

SOME PREVENTION TIPS.............................................................................................................6 RULE 50 (ILLINOIS ADMINISTRATIVE CODE 50)........................................................... 7

RULE 50 MANDATES: ............................................................................................................7 PROHIBITION OF RETALIATORY ACTION AGAINST AN EMPLOYEE FOR REPORTING:......................................8 ADULT PROTECTIVE SERVICES ACT (320/ILCS 20/) (REPLACES RULE 51) .................. 8 ICF/DD RULE 350...................................................................................................................8 QUESTIONS AND ANSWERS .......................................................................................... 10 ALLEGATION: ..................................................................................................................... 10 ENVIRONMENTAL CHARACTERISTICS WHICH MAY FOSTER ABUSE/NEGLECT........... 11 WHO WE HIRE....................................................................................................................11 CHARACTERISTICS OFTEN FOUND IN ABUSERS .......................................................... 12 SEXUAL PREDATORS ................................................................................................................13 WARNING SIGNS TO LOOK FOR WHEN HIRING STAFF:......................................................................13 NEGLECT ........................................................................................................................ 14 FINANCIAL EXPLOITATION ........................................................................................... 15 ASSESSING RISK FACTORS ........................................................................................... 16 MALTREATMENT AND ORGANIZATIONAL DIMENSIONS .............................................. 17 FALSE REPORTS OF ABUSE OR NEGLECT ...................................................................... 18 REPORTING EXERCISE: ................................................................................................. 18 WHAT TO DO WHEN SOMEONE TELLS YOU THEY HAVE BEEN SEXUALLY ABUSED ...... 19 WHAT TO SAY WHEN SOMEONE TELLS YOU THEY HAVE BEEN SEXUALLY ABUSED .... 19 QUICK REFERENCE FOR PHYSICAL ABUSE, SEXUAL ABUSE, MENTAL INJURY, OR NEGLECT REPORTING.................................................................................................... 20 COMMON EXCUSES FOR NOT REPORTING.................................................................... 21 HOW CAN YOU HELP MAKE THE ENVIRONMENT SAFER? ............................................. 22 BASIC PRINCIPLES OF SELF-PROTECTION FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES ................................................................................................................ 23 STAFF TRAINING ........................................................................................................... 24 STAFF ATTITUDE............................................................................................................ 25 GROUP DISCUSSION ................................................................................................................25 TEAMWORK ........................................................................................................................... 28

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Residential Director Core Training Recognizing, Reporting and Preventing Abuse and Neglect Module 4

SUBSTANTIATED FINDINGS AND THE HEALTH CARE WORKER'S REGISTRY (FORMERLY KNOWN AS NURSE AIDE REGISTRY) .....................................................................................................29 DISCUSSION EXERCISE ? DIFFUSING SITUATIONS...............................................................30 COMFORTING THE VICTIM.........................................................................................................31 STRESS AND BURNOUT.............................................................................................................32 WHAT ARE THE WARNING SIGNS OF STRESS?................................................................................32 WHAT CAN BE DONE TO REDUCE STRESS?....................................................................................33 PRACTICE WHAT YOU PREACH - MANAGING YOUR OWN EMOTIONS .....................................................33 VULNERABILITY EXERCISE .........................................................................................................34 WHAT ARE THE SYMPTOMS OF BURNOUT? ....................................................................................35 PROFESSIONAL ORGANIZATIONS ................................................................................ 36

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Residential Director Core Training Recognizing, Reporting and Preventing Abuse and Neglect Module 4

ABUSE AND NEGLECT OVERVIEW

We know that most incidents of abuse are underreported, whether or not it involves a person with a disability or someone in the general population. There is also the issue of believability. Often, when reports are made concerning people with disabilities, and developmental disabilities in particular, there are questions about the credibility of the person making the allegation. As you will learn in this training, the credibility of the person does not negate your legal obligation to report allegations of abuse. It is not up to the mandated reporter to determine whether or not an individual is being truthful. You must report all allegations in accordance with your agency or facility's reporting policies and procedures.

Did You Know . . .

The rate of abuse ranges from a low of 25% to a high of 83% for all people with a disability.

The perpetrators are often not strangers, but rather caregivers or someone else who is close to the person with a disability.

More than 90% of people with a developmental disability will experience sexual abuse at some point in their lives. (Valenti-Hein & Schwartz, 1995).

49% will experience 10 or more abusive incidents (Valenti-Hein & Schwartz, 1995)

Only 3% of sexual abuse cases involving people with disabilities will ever be reported. (Valenti-Hein & Schwartz, 1995)

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Residential Director Core Training Recognizing, Reporting and Preventing Abuse and Neglect Module 4

How can these Statistics be reduced?

The first step in reducing the occurrence of sexual abuse is recognizing the magnitude of the problem and confronting the truth that people with intellectual and other developmental disabilities are more vulnerable to sexual victimization than those without disabilities.

Abusers typically abuse as many as 70 people before ever getting caught. Without reporting there can be no prosecution of offenders or treatment for victims. Underreporting of sexual abuse incidents involving people with disabilities has in the past, and continues to be a major obstacle in preventing sexual abuse. Only 3% of sexual abuse cases involving people with developmental disabilities will ever be reported (Valenti-Hein & Schwartz, 1995).

Reporting can be increased through educating individuals with disabilities and service providers, improving investigation and prosecution, creating a safe environment for victims to disclose and enforcement of employment policies, such as background checks, as required by Illinois law.

For more information on sexual abuse of people with disabilities, contact:

The National Task Force on Abuse and Disabilities PO Box "T" Culver City CA 90230

The National Committee to Prevent Child Abuse 332 South Michigan Ave Ste 1600 Chicago, IL 60604

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Residential Director Core Training Recognizing, Reporting and Preventing Abuse and Neglect Module 4

Why are People with Developmental Disabilities More at Risk?

May have a variety of care providers and may be reliant on physical assistance Frequently taught to be compliant to requests from caregivers or other authority figures Often isolated or living in institutional/group settings Have not typically received training that addresses healthy intimate relationships and appropriate sexual activities. May not have been allowed privacy or had the chance to learn about the private areas of the body May have limited communication skills, therefore making it harder to resist or disclose abuse Often not believed or viewed as credible

Perpetrators of abuse against a person with developmental disabilities may have little fear of consequences because many cases go both undetected and unreported.

This increases the likelihood that the abuse will be repeated, many times over a period of months or years.

Some Prevention Tips

Always provide staff with information on agency policies and procedures regarding abuse. Make sure staff understands the consequences of abuse. Encourage staff to assist people in expanding their network of friends in the community. Social networking can be an effective tool for abuse prevention. Make it possible for people to report ? modify augmentative communication devices to include words/symbols/pictures to report abuse/neglect and exploitation.

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Residential Director Core Training Recognizing, Reporting and Preventing Abuse and Neglect Module 4

Rule 50 (Illinois Administrative Code 50)

State law required the Office of Inspector General (OIG) to adopt a formal rule with regulations on reporting allegations. The Rule that was adopted is Rule 50. It is called "Rule 50" because it is located in the Administrative Code, Title 59, Chapter 1, Part 50. Pursuant to this Rule, all DHS and community agency employees are required to report allegations to the OIG.

(59 Illinois Administrative Code 50) is in the OIG Administrative Code that provides procedures on how to implement the law. The complete code can be found at the link below:



RULE 50 MANDATES:

Any employee who suspects, witnesses, or is informed of an allegation of abuse or neglect must report it immediately (no exceptions!). You are a required reporter 24 hours a day, seven days a week, NOT just when you are at work. Every allegation must be reported to the OIG Hotline within four hours of the time it was first discovered by the staff. For allegations of abuse/neglect, "employee" means any person who provides services at the facility or agency on or off-site. The service relationship can be with the individual, the facility or agency. Also, "employee" includes any employee or contractual agent of DHS or the community agency involved in providing, monitoring or administering mental health or developmental services. This includes, but is not limited to, owners, operators, payroll personnel, contractors, subcontractors, and volunteers. For purposes of this Part, employee also includes someone who is no longer working for an agency or facility, but is the subject of an ongoing investigation for which OIG has jurisdiction. Remember, for reporting purposes:

You are an "employee" 24 hours a day, seven days a week. Volunteers and contractors are employees. Employees are accountable if they commit abuse or neglect on their personal time.

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Residential Director Core Training Recognizing, Reporting and Preventing Abuse and Neglect Module 4

An employee who quits or is fired will still be investigated by OIG for abuse or neglect allegedly committed while an employee.

Rule 50 can be found in its entirety at:

Prohibition of Retaliatory Action Against an Employee for Reporting:

"It is a violation of the law to take retaliatory action against an employee who acts in good faith in conformance with his or her duties as a required reporter." (20 ILCS 1305/1-17.)

Adult Protective Services Act (320/ILCS 20/) (Replaces Rule 51)

The Adult Protective Services Act supersedes OIG Rule 51 for reports of abuse, neglect and financial exploitation for adults living in a domestic living situation:

Adults 18-59 with a disability who live in a domestic living situation. Adults age 60+ who live in a domestic living situation "Domestic living situation means a residence where the adult with disabilities lives alone or with his or her family or a caregiver, or others, or other community based unlicensed facility. "Caregiver" includes Personal Support workers (PSWs) hired by a family. "Mandated Reporter" is anyone who has reasonable cause to believe that abuse, neglect or exploitation of an adult with disabilities has occurred may report The Hotline for reporting incidents of abuse, neglect and financial exploitation for the above individuals is: 1-866-800-1409

Adult Protective Services Act can be found in its entirety at:

ICF/DD Rule 350 For information about ICF/DD Rules regarding abuse and neglect, go to:



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