Reference no: EM131297766

State Regulations on Abuse and Neglect

Introduction

The federal regulations do provides some guidance to States by identifying the minimum set of behaviors or acts, which defines the child abuse and also neglect. The regulation is provided under the Federal Child Abuse Prevention and Treatment Act, and this is as amended by the CAPTA Reauthorization Act of 2010. This act does define child abuse and neglect as any latest failure or act to act on the caretaker or parent, in which case it leads to death, emotional harm or physical harm, sexual exploitation or abuse, and also a failure or an act that may present some imminent risk of serious harm. In essence, child abuse and neglect involves specifically the parents and the caregivers. CAPTA defines provisions for sexual abuse and the special cases of neglect that are related to withholding or even failing to provide the medically indicated treatment. However, it does not provide the particular definitions for some other types of maltreatment, for instance, the physical abuse, emotional abuse or neglect. In brief, federal legislation sets the minimum standards for all states that have or agreed CAPTA funding. On the other hand, all such states will provide its definitions of maltreatment, and this is within the criminal and civil statutes (Stahmer, Et al, 2008).

When it comes to states, the Texas Department of Family and Protective Services contains a central place to report the child abuse and neglect, abuse of children in child-care facilities or centers, abuse of children and adults that live in state facilities, and also abuse, self-neglect, neglect and exploitation of adults or elderly with disabilities living at home. In essence, Texas State recognizes various abuses and neglects. For instance, when it comes to abuse, there are the physical abuse, sexual abuse, emotional abuse, labor trafficking, and sex trafficking. When it comes to neglect, there is the medical neglect, physical neglect, neglectful supervision, failing to protect a child, and also abandonment and refusal to accept the parental responsibility.

Purpose of Abuse Regulations

The purpose of abuse regulations is to provide guidance to states by setting the minimum acts or behaviors that defines child neglect and abuse. The laws intends to people who thinks that a child or a person aged 65 years and above or adult disabilities who are being abused, exploited or neglected, that they have to report it to the relevant authorities that are guided by such regulations. A good authorityexample is the Texas Department of State Health Services. There is also the Texas Department of Aging and Disability Services. The regulations are to ensure the person who has knowledge of such incidencesshould report the abuse in good faith, and this is to avoid criminal or civil liability (Crenshaw & Lichtenberg, 1990).

Concept of Mandatory Reporting Within the Regulation

Pursuant to the federal regulations, all nursing facilities have to develop and implement written policies, in which case it prohibits neglect or abuse. In essence, such policies should address the screening, prevention, training, identification, investigation, protection and also reporting. It is a must for nursing facilities to report all allegations of neglect or abuse immediately to the facility administrators, or any other official in accordance with state law. Reporting an allegation should be done immediately, and then an investigation is done in order to determine and substantiate it. The standard for reporting also states that, a report has to be made when a person has some reasonable cause to believe or even suspect that a child has to be subjected to neglect or abuse. Such a standard guides the mandatory reporters in making a decision whether to make some report to child protective services.

Methods that Healthcare Organizations Must Observe for Compliance

Healthcare organizations should do all means to ensure they are in compliance. First, they have to make and maintain policies related to reporting allegations of neglect or abuse.The organizations should update guidance that describes reportingregulations for allegations of neglect or abuse and also the subsequent investigation results.

The other method is ensuring the healthcare organizations comply with the responsibilities under Section 1150B of the SSA. This involves developing customizable templates of annual communication letters to the covered persons and materials that describe employee's rights to file some compliant. The organization should maintain adequate documentation that will provide support that they have notified the covered persons.

For compliance, healthcareorganizations should report allegations of abuse or neglect, as well as the investigation results in some timely manner and to the right personnel as required. The organizations should reissue guidance every now and then, and such guidance should describe the timeframes and appropriate persons that allegations of neglect or abuse and the subsequent results have to be reported.

Employees can report directly to law enforcement or even the DSHS. Employees should report directly to the healthcareorganization administrator or designee, certification agency or state survey agency, and even any other official in accordance with the law. Reporting should be done immediately. Employees should provide some information when they make calls as crime is in progress. For instance, employees should provide information such as the name, business address and telephone number of the employee, the present location, child's name, child's parents or guardians, source of information that led to suspicion of child abuse and other information of individuals that might have abused the child.

Penalties for Noncompliance with the Mandatory Abuse Reporting Regulation

Depending on states, a mandated reporter who fails to make some required report, or any supervisor, or an administrator who inhibits or impeded a report, will be guilty of some misdemeanorpunishable by up to 6 months in jail, some fine of 1000 US dollars, or even both. In cases where the abuse leads to death or great body injuries, such a mandated reporter or supervisor or administrator who inhibits or impedes the report, shall be punished by up to one year in jail, some fine of 5000 US dollars, or both. In essence, a failure to make some required report should not call for independent basis of employee discipline. However, the final determination on such a case will be made by the president on some case-by-case scenario, which involves taking into account all the situations of the case and the position held by such employee.

References:

Stahmer, A., Sutton, T., Fox, L., & Leslie, K. (2008). State Part C Agency Practices and the Child Abuse Prevention and Treatment Act (CAPTA). Topics In Early Childhood Special Education, 28(2), 99-108.
Crenshaw, W. B., & Lichtenberg, J. W. (1990).Mental Health Providers and Child Abuse: An Analysis of the Decision to Report.