Jurisprudence Exam Study
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, Chapter 19A Department of elder affairs
Abuse An act or omission which results in serious physical or emotional injury to an
elderly person or financial exploitation of an elderly person; or the failure,
inability, or resistance of an elderly person to provide for him one or more of the
necessities essential for physical and emotional well-being without which the
elderly person would be unable to safely remain in the community.
Exceptions to abuse tenets and teachings of the church or religious denomination by a duly accredited
practitioner thereof.
Definition of "Elderly person" an individual who is sixty years of age or over
Definition of "Emergency" for elder abuse A situation in which an elderly person is living in conditions which present a
substantial risk of death or immediate and serious physical or mental harm.
Definition of "Guardian" of elderly a person who has qualified as a guardian of an elderly person pursuant to
chapter two hundred and one, but shall not include a guardian ad litem
Timeline for reporting abuse 1) Immediately make a verbal report
2) Within 48 hours make a written report
Who makes a report in a corporation or agency The worker reports to the executive director, then the executive director reports
verbally and in writing.
When is the reporter liable If the reporter was the perpetrator of abuse or inflicted or caused abuse.
Authorized activities of protective services agencies 1) receive and investigate reports
2) to furnish protective services WITH person's consent
3) to petition the court for appointment of a conservator or guardian or for
issuance of an emergency order
4) to furnish protective services in an emergency
5) to furnish protective services WITH the guardian's consent
6) to serve as conservator, guardian, or temporary guardian of a protected
person
7) to perform all other functions determined to be necessary for the department
Procedure to assess and evaluate the information 1) visit to the residence
reported 2) consultations with appropriate service agencies and individuals who have
knowledge of the situation of potential abuse
procedure of the department if abuse is founded 1) evaluate person's functional capacity
2) evaluate person's situation and resources
3) create a service plan for protective services that uses the least restrictive
alternatives
Information to include when making a report Name, address, age, info on abuse, anything else relevant to the case.
Optionally, reporter can leave contact info (name, address, phone).
Procedure if reasonable cause has been found for an death is immediately reported to the district attorney of the county in which the
abuse-related death. abuse was reported. Within 45 days, the department will notify the reporter in
writing regarding response to report.