• Definitions of Abuse

Physical Abuse: Any physical contact, act of negligence, or act of omission that is harmful to or jeopardizes the physical safety and welfare of the client. Physical abuse may include, but is not limited to the following: kicking, squeezing, pinching, slapping, striking with or without an object, pushing, and the use of excessive force when restraining an agitated client. Physical abuse includes not allowing clients to eat, drink, or care for their physical needs such as elimination.

Emotional/Verbal Abuse: Actions, either overt or subtle, which may cause mental injury or emotional distress to the client. Emotional and/or verbal abuse would include, but is not limited to: verbal teasing, humiliation, belittling or ridiculing a client; frequent or consistent use of profanities and/or obscenities in the presence of clients; use of derogatory names for clients; withholding of meals or withdrawal of privileges; making one client the “scapegoat” for any reason.

Failure to Provide Care: Lack of care by omission or neglect for the physical needs of dependent clients. It includes leaving an incontinent client in his or her own excrement for extended periods of time. The overt refusal to protect clients from physical abuse by other client or staff is itself an abuse.

Exploitation: Illegal or improper use of a client’s resources for monetary or personal benefit, profit, or gain.

Sexual Abuse: Any sexual contact between staff and client, physical or psychological, whether solicited or unsolicited, whether consented to or not. This includes the following:

• Intimate caressing or fondling, exposure, intercourse, and/or any overtly sexual act.

• Permitting, encouraging, or forcing a client to participate in sexually explicit conduct knowing that the conduct will be photographed or be part of a live performance.

• Showing, selling or otherwise distributing pornographic materials to a client.

Verbal Sexual Abuse: Sexually suggestive remarks whether made to the client, about the client, or in the client’s hearing, and the inappropriate sharing of sexual stories between staff and clients.

• Policy

California state law requires that all suspected abuse, neglect, or exploitation of children and dependent or vulnerable adults be reported to appropriate authorities to prevent further abuse and to safeguard the client. All employees of the agency must be constantly alert for any signs of abuse and neglect of their clients. Any employee who has reasonable cause to believe that a child or dependent or vulnerable adult has suffered abuse, exploitation, neglect, abandonment, or is otherwise in need of protective services must report such information immediately to the owner/administrator.

• Purpose

1. To ensure compliance with California State laws on abuse and neglect.

2. To ensure that signs of abuse, neglect, and exploitation of children, and dependent or vulnerable adults are recognized and properly reported.

3. To inform staff members of their legal and ethical obligation to report abusive conditions.

   
   
   
   
   

• Procedure

A. Staff and supervisors who have either witnessed or been informed of the physical and/or sexual abuse of a client (i.e. the individual making the report to law enforcement and to his or her immediate supervisor) shall within 24 hours:

1. After reporting the incident to the appropriate hotline number, the staff member shall immediately report the incident to the agency owner/administrator, who will ensure that the process is completed appropriately.

2. The employee shall make a written record of the incident in chronological order, including the date and time.

B. Staff and supervisors who have either witnessed or been informed of the physical and/or sexual abuse of a client (i.e. the individual making the report to law enforcement and to his or her immediate supervisor) shall within 24 hours:

1. Protect the client, including:

•  (a) Making a report to the local enforcement agency (911), the adult abuse and neglect reporting hotline, and/or the child abuse and neglect reporting hotline.

•  (b) Assisting the client to make arrangements for a medical evaluation of any injuries, if deemed needed by the owner/administrator.

•  (c) When necessary, reassigning the accused employee away from the client’s environment where no contact is possible pending the outcome of an investigation.

• (d) A consultation for the client victim with rape relief, when appropriate.

• (e) A consultation for the client victim with a mental health professional, when appropriate.

2. Protect the evidence, which shall at a minimum include:

• (a) In sexual assault, the employee shall preserve linens, towels, bedclothes, or any objects or materials related to the assault. Under no circumstances should bedclothes or personal clothing be discarded or laundered.

• (b) In a physical assault, the employee shall take an inventory of any and all bodily injuries and record such on the written incident report forms, describing in detail the nature and extent of the injuries.

• (c) In both sexual and physical assaults, employees shall respond immediately with the above actions in order for evidence to be preserved for use by law enforcement agencies.