Power Point Presentation regarding Elder Abuse

1. Reporting Elder
Abuse!
(Especially of Dementia &
Alzheimer‟s Patients)
“If you suspect abuse, do not allow your fear
of meddling in someone else‟s business stop
you from reporting your suspicions. You
could be saving someone‟s life, and
drastically improve the quality of their life.
Call the police or Adult Protective Services.”
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2. Topics to Be Covered
Discuss the complexities of mandatory reporting.

Delve into the public policy behind mandatory

reporting.
Go over in detail the mandatory reporting

laws, including K.S.A. 39-1401 et seq.
(Definitions)
Do the mandatory reporting laws apply to me?

How can the mandatory reporting laws affect

me?
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3. Report Adult Abuse, It’s the Law!
K.S.A. 39-1401 et seq. contains the

mandatory reporting laws for incapacitated
and dependent persons who are adults
(Alzheimer‟s & dementia patients).
 Licensed professionals are REQUIRED to
report adult abuse.
 Are you a mandatory reporter? (Chances
are YES you are a mandatory reporter!
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4. K.S.A. 39-1431 – Who Are
Mandatory Reporters in Kansas?
Any person who is licensed to practice any branch of the healing arts, a licensed
psychologist, a licensed master level psychologist, a licensed clinical
psychotherapist, the chief administrative officer of a medical care facility, a
teacher, a licensed social worker, a licensed professional nurse, a licensed
practical nurse, a licensed dentist, a licensed marriage and family therapist, a
licensed clinical marriage and family therapist, licensed professional
counselor, licensed clinical professional counselor, registered alcohol and
drug abuse counselor, a law enforcement officer, a case manager, a
rehabilitation counselor, a bank trust officer or any other officers of financial
institutions, a legal representative, a governmental assistance provider, an
owner or operator of a residential care facility, an independent living
counselor and the chief administrative officer of a licensed home health
agency, the chief administrative officer of an adult family home and the
chief administrative officer of a provider of community services and
affiliates thereof operated or funded by the department of social and
rehabilitation services or licensed under K.S.A. 75-3307b.
ALL OTHERS („Any other person not listed‟) “MAY” report.
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5. What if I don’t report
suspected abuse?
K.S.A. 39-1431(e) states that:
Any person required to report information or
cause a report of information to be made under
subsection (a) who knowingly fails to make
such report or cause such report not to be made
shall be guilty of a class B misdemeanor.
* Sentencing Guidelines for misdemeanors allows Judges to
incarcerate any person convicted of a class B misdemeanor for up
to six (6) months in the county jail.
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6. Complexities of Kansas
Mandatory Reporting Laws
Easier SAID than DONE
„I could be destroying family relationships!‟
„The patient is a friend of mine.‟
„I see the family at the store all the time.‟
„If I report then my patient may never tell me the
truth again.‟
„I can‟t tell on my coworker.‟
What are the pros and cons?
Are there gray areas? (Yes)
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7. Criminal Liability of Others
Reporting of abuse may result in
criminal charges being pursued
against the abuser.
Some charges include:
assault, battery (misdemeanor
or felony), domestic
battery, sexual battery, criminal
restraint, theft, forgery, identity
theft, credit
fraud, rape, negligent
homicide, manslaughter, etc.
Unintended consequences might
include loss of job/career of
abuser along with criminal
consequences.
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8. The Public Policy behind
mandatory reporting laws.
Three Schools of Thought!
1. Supporters – proponents of mandatory
reporting believe victims will be safer because
many elders may not recognize that they are
being abused, are unaware of services or may
be too afraid or physically unable to seek help
on their own. Mandatory reporting can
enhance their safety by linking them with
services that will provide information and
referrals to improve their living situation(s). 8

9. The Public Policy behind
mandatory reporting laws.
Three Schools of Thought!
2. Opponents – opponents of mandatory
reporting believe adult victims should have the
right to decide if they want help and from
whom. There is also the risk of retaliation by
the perpetrator, which may lead to reduced
victim decision-making power and a
perception that trust and confidentiality have
been compromised, creating a myriad of
unintended consequences. 9

10. The Public Policy behind
mandatory reporting laws.
Three Schools of Thought!
3. Middle of the Road – Persons who have ability
and/or capacity can report abuse themselves and
those who do not have ability/capacity must rely on
the professionals around them to report abuse on
their behalf. You may report abuse of a person with
capacity but nothing says you have to in the current
law.
* Kansas has a more Middle of the Road Approach under its current laws. As a
professional you may lean more one way, than another.
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11. Crisis Centers In SW Kansas
Contact your local Family Crisis Center.
Crisis Center of Dodge City, 620-225-6510

Family Crisis Services, Garden City, 620-275-5911

Family Crisis Center, Great Bend, 620-792-1885

DoVES of Grant County, Ulysses, 620-356-2608

Liberal Area DV Services, 620-624-8818

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12. When Am I Required to Report
Abuse Under Kansas Law?
K.S.A. 39-1430 or 39-1402 requires that:
Whenever YOU have “. . . reasonable cause
to believe that an adult [or resident] is
being or has been abused, neglected or
exploited or is in need of protective
services shall report immediately from
receipt of the information, such
information or cause a report of such
information to be made in any reasonable
manner.”
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13. Definitions of Legal Terms
an adult

 Resident
 Abused
 Neglected
 Exploited
 is in need of protective services
 reasonable cause to believe
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14. If the person has capacity he/she can refuse
An Adult to accept services, see K.S.A. 39-1438.
K.S.A. 39-1430 defines Adult as an individual 18 years of age or older
alleged to be unable to protect their own interest and who is
harmed or threatened with harm, whether financial, mental or
physical in nature, through action or inaction by either another
individual or through their own action or inaction when (1) such
person is residing in such person's own home, the home of a family
member or the home of a friend, (2) such person resides in an adult
family home as defined in K.S.A. 39-1501 and amendments
thereto, or (3) such person is receiving services through a provider of
community services and affiliates thereof operated or funded by the
department of social and rehabilitation services or the department on
aging or a residential facility licensed pursuant to K.S.A. 75-3307b
and amendments thereto. Such term shall not include persons to
whom K.S.A. 39-1401 et seq. and amendments thereto apply.
** There is no provision in the law that can force an
adult with capacity to accept protective services. 14

15. If the person has capacity he/she can refuse
Resident to accept services, see K.S.A. 39-1407.
K.S.A. 39-1401 refers to K.S.A. 39-923, which provides:
(1) quot;Adult care homequot; means any nursing facility, nursing
facility for mental health, intermediate care facility for
the mentally retarded, assisted living facility,
residential health care facility, home plus, boarding
care home and adult day care facility, all of which
classifications of adult care homes are required to be
licensed by the secretary of aging.
...
(13) quot;Residentquot; means all individuals kept, cared for,
treated, boarded or otherwise accommodated in any
adult care home.
** If the resident has no capacity, and no legal representative
then a guardian/conservator can be established. 15

16. Abuse – K.S.A. 39-1430(b)
(b) quot;Abusequot; means any act or failure to act performed intentionally or
recklessly that causes or is likely to cause harm to an adult, including:
(1) Infliction of physical or mental injury;
(2) any sexual act with an adult when the adult does not consent or when
the other person knows or should know that the adult is incapable of resisting
or declining consent to the sexual act due to mental deficiency or disease or
due to fear of retribution or hardship;
(3) unreasonable use of a physical restraint, isolation or medication that
harms or is likely to harm an adult;
(4) unreasonable use of a physical or chemical restraint, medication or
isolation as punishment, for convenience, in conflict with a physician's orders
or as a substitute for treatment, except where such conduct or physical
restraint is in furtherance of the health and safety of the adult;
(5) a threat or menacing conduct directed toward an adult that results or
might reasonably be expected to result in fear or emotional or mental distress
to an adult;
(6) fiduciary abuse; or
(7) omission or deprivation by a caretaker or another person of goods or
services which are necessary to avoid physical or mental harm or illness.
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17. Neglect – K.S.A. 39-1430(c)
(c) quot;Neglectquot; means the failure or omission
by one's self, caretaker or another person
with a duty to supply or provide goods or
services which are reasonably necessary to
ensure safety and well-being and to avoid
physical or mental harm or illness.
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18. Exploitation – K.S.A. 39-1430(d)
(d) quot;Exploitationquot; means misappropriation
of an adult's property or intentionally
taking unfair advantage of an adult's
physical or financial resources for another
individual's personal or financial
advantage by the use of undue
influence, coercion, harassment, duress, de
ception, false representation or false
pretense by a caretaker or another person.
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19. In Need of Protective Services
K.S.A. 39-1430(f), (g), & (h)
(f) quot;In need of protective servicesquot; means that an adult is unable to provide for or
obtain services which are necessary to maintain physical or mental health or
both.
(g) quot;Services which are necessary to maintain physical or mental health or bothquot;
include, but are not limited to, the provision of medical care for physical and
mental health needs, the relocation of an adult to a facility or institution able to
offer such care, assistance in personal hygiene, food, clothing, adequately heated
and ventilated shelter, protection from health and safety hazards, protection from
maltreatment the result of which includes, but is not limited
to, malnutrition, deprivation of necessities or physical punishment and
transportation necessary to secure any of the above stated needs, except that this
term shall not include taking such person into custody without consent except as
provided in this act.
(h) quot;Protective servicesquot; means services provided by the state or other
governmental agency or by private organizations or individuals which are
necessary to prevent abuse, neglect or exploitation. Such protective services
shall include, but shall not be limited to, evaluation of the need for
services, assistance in obtaining appropriate social services, and assistance in
securing medical and legal services.
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20. Reasonable Cause to Believe?
Reasonable cause is less stringent of a
standard than that of the criminal standard
of probable cause. In other words if you
have any reasonable reason to even think
that an adult [or resident] is or has been
abused then you are required to report.
What is reasonable? (Discussion)
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21. Does That Mean I Have to
Report Everything I See?
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22. Can’t I Be Sued? Yes, but only frivolously
K.S.A. 39-1432 & 39-1403 – Grants Immunity
(a) Anyone participating in the making of any report pursuant to this act, or
in any follow-up activity to the report, including providing records upon
request of the department of social and rehabilitation services, or
investigation of such report or who testifies in any administrative or
judicial proceeding arising from such report shall not be subject to any
civil liability on account of such report, investigation or
testimony, unless such person acted in bad faith or with malicious
purpose.
(b) No employer shall terminate the employment of, prevent or impair the
practice or occupation of or impose any other sanction on any employee
solely for the reason that such employee made or caused to be made a
report, or cooperated with an investigation, under this act. [A court, in
addition to other damages and remedies, may assess reasonable attorney
fees against an employer who has been found to have violated the
provisions of this subsection.]
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DO NOT FEEL GUILTY FOR MAKING A REPORT!

23. What Goes in the Report?
(b) The report made pursuant to subsection (a) shall contain
the name and address of the person making the report and of
the caretaker caring for the involved adult, the name and
address of the involved adult, information regarding the
nature and extent of the abuse, neglect or exploitation, the
name of the next of kin of the involved adult, if known, and
any other information which the person making the report
believes might be helpful in the investigation of the case
and the protection of the involved adult.
There is no requirement that the report be typed or that it be in
any specialized form. K.S.A. 39-1431 only requires that the
manner in which the report is made be in any reasonable
manner. Reports should be made to SRS during normal
work days and to Law Enforcement when SRS is closed.
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24. Can I Make an Anonymous Report?
You can try. . . Just use a payphone, but things will get
complicated. . . Any ideas why. . . ?
You should know that under K.S.A. 39-1434 any report made
is not deemed public record and is not subject to the
provisions of the Kansas Open Records Act.
Your name is not to be disclosed unless you consent in writing
that it be, or unless a”judicial proceeding” results therefrom.
In other words, unless a criminal or civil case (“judicial
proceeding”) results nobody should know who you are
unless you tell them, or you are figured out during an
investigation. . .
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25. Important Phone Numbers
1-800-922-5330 is the

Statewide Hotline and accepts
reports 24 hrs a day.
You can FAX written reports

directly to the Statewide Hotline
at 785-296-0470.
For Southwest Kansas you can

also call 1-800-264-3798
(during business hours). Explain
the situation to them and have
them open an investigation. If
you use this service you do not
need to utilize the Statewide
Hotline. 25

26. Some Actual Examples of
Findings of Abuse In Kansas
“Resident fell out of wheelchair while being
1.
pushed by nurse aide. Wheelchair was not
equipped with foot rests. Resident placed feet on
floor and was propelled forward. Injuries
included laceration to head and injury to right
wrist which required physician intervention.”
(Neglect).
“Adult admitted to hospital with signs and
2.
symptoms of dehydration. Reporter stated that the
adult had poor oral intake for over one week, poor
skin turgor, and swollen dry cracked lips.
Diagnosis at admission to hospital was
sepsis, dehydration and malnutrition.” (Neglect).
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27. Some Actual Examples of
Findings of Abuse In Kansas
“Resident‟s checkbook was stolen by employee of
3.
adult care facility and employee sought to cash a
forged check” (Financial Exploitation). Criminal
Charges Pressed.
“Resident was told by an employee of Adult Care
4.
Home that he was disgusting as he (the employee)
made his hand in the form of a gun and pretended
to shoot the resident as he commented to another
employee, in front of the Resident, “Can you
imagine the spatter design?” (Mental Abuse).
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28. Review and Conclusions
Questions?
You may be the only protection for those you
serve; be mindful of your duty under the
law.
“Do not allow your serve
report
protec
fear of meddling in t
someone else’s empath
help
save
business stop you y
from lawfully caring
Caring
shiel
reporting abuse.” d
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