can i just report abuse without telling my patient

Before reporting suspected violence or abuse, the Code says physicians should: Inform patients about requirements to report. Obtain the patient’s informed consent when reporting is not required by law.

Full Answer

Why don’t I report the abuse?

There’s a lot of fear and loyalty confusion that goes on with abuse. I know you’re afraid it will just get worse if you report it, and you may not want to see the abuser.

What should a doctor do before reporting suspected violence or abuse?

Before reporting suspected violence or abuse, the Code says physicians should: Inform patients about requirements to report. Obtain the patient’s informed consent when reporting is not required by law.

Do nurses have to report cases of abuse and neglect?

Being on the front lines of healthcare, nurses have unfortunately needed to report cases of abuse and neglect. As mandated, they are trained to identify signs and symptoms of abuse or neglect and are required by law to report their findings.

Will my therapist report abuse to the police?

You’re therapist will only report it if it is necessary to protect you or someone else in your family. There are many forms of abuse, some not so dire that they need to be reported to the authorities and the therapist can work with your family and the member doing the abuse to improve the situation.

What should a nurse do if she suspects abuse?

If a nurse suspects abuse or neglect, they should first report it to a physician, nurse practitioner, or physician assistant. Notifying a supervisor may also be required, depending on the workplace.

What should you do if you witness abuse or neglect of a patient?

Discuss any suspicion of abuse sensitively with the patient, whether or not reporting is legally mandated, and direct the patient to appropriate community resources.

What 3 types of abuse should always be reported?

The expansion of the ranks of mandated reporters was accompanied by a broadening of the concept of reportable maltreatment to include sexual abuse, emotional maltreatment, and neglect. The Child Abuse and Neglect Reporting Act (CANRA) was passed in 1980.

How do you ask a patient if they are being abused?

How to AskDifferent patients may respond better to different approaches.Make sure to ask in a private environment and do not use family or friends as interpreters.See ethics and privacy section before you start discussion.Patients highly value compassion and the quality of being non-judgemental.

What action should you take if you suspect a person has been abused?

If you think a child might be being abused but they haven't said anything to you, there are things you can do which can help.Talk to the child. Most children who're being abused find it very difficult to talk about. ... Keep a diary. ... Talk to their teacher or health visitor. ... Speak to other people. ... Talk to us.

What would you do if a patient told you they were being abused?

dostay calm and listen to them.offer them support.write down what they tell you using their own words.keep any evidence safe.get in touch with us or the police.dial 999 in an emergency.

What is not considered abuse?

2 Physical discipline, such as spanking or paddling, is not considered abuse as long as it is reasonable and causes no bodily injury to the child. Injuries from physical abuse could range from minor bruises to severe fractures or death.

What is neglectful abuse?

'Neglect' means negligent treatment or maltreatment of a child, including the failure to provide adequate food, clothing, shelter, medical treatment, or supervision. Sexual Abuse/Exploitation.

What is non verbal abuse?

non verbal abuse. a wide range of belittling gestures or body language become abusive when used to disrespect another such as rolling eyes, smirking, whispering, ignoring, violating personal space or hands on hips. These are often insidious and passive or passive-aggressive power displays which may be hard identify.

Should you ask someone if they are being abused?

Ask Without Asking So, now you're worried. You want to do the right thing and be there for your friend or loved one, but asking them if their partner is abusive isn't going to always be met with the most grateful of responses.

What is considered patient abuse?

Patient abuse or neglect is any action or failure to act which causes unreasonable suffering, misery or harm to the patient. Elder abuse is classified as patient abuse of those older that 60 and forms a large proportion of patient abuse. Abuse includes physically striking or sexually assaulting a patient.

Which questions are appropriate for screening for abuse?

-Have you ever been hurt by someone taking care of you? -How did that happen? because you were hurt? -How did that happen?

What If My Child’s Counselor Makes a Child Abuse Report?

The greatest fear of many parents is that their child could make a vague statement that appears to indicate child abuse during a therapy session, and then be whisked away by child protective services before the parent has had an opportunity to explain the situation. The internet abounds with (often one-sided) horror stories, and some parents decide not to enroll their children in counseling based on this fear.

What If It Happened a Long Time Ago?

This means that even if an incident occurred many years ago, the child is not at risk of further harm or neglect, or the child is now an adult, the incident must still be reported by your child’s counselor.

What If It Was an Accident?

Accidental injury to your child is generally not considered child abuse unless that accident occurred because you were negligent or under the influence of drugs or alcohol. Every parent has moments where they accidentally bump their child, or where their child injures themselves during a moment of parental distraction, and these genuine accidents are not considered child maltreatment.

What is a mandated reporter?

Additionally, many states have laws that require mandated reporters (like your child’s counselor) to report the suspected abuse or neglect of other vulnerable populations, such as the elderly and the disabled. You can find your state's mandated reporting laws here.

Why do we remove children from our homes?

For this reason, removing a child from their home is a last resort intervention that is only used when it is determined through an investigation that a child is at immediate risk of further harm or neglect. In many cases, a child abuse investigation results in no change in a child’s immediate living situation, either due to the report failing to meet a state’s criteria for beginning an investigation or due to the investigation finding that the child is not at immediate risk of further harm or neglect.

When do you need to report child abuse?

Finally, many states require that a child abuse report is made if there is reason to believe that domestic violence is occurring in a child’s home, even if that child has not been physically harmed.

Can you file a child abuse report if you are not your own?

Similarly, if you report actions that would be legally considered abusive or neglectful toward any child in your care—such as a child you are babysitting, coaching, or providing daycare for—a child abuse report will be filed, even though the child in question is not your own.

What are some misconceptions about hospice?

Five misconceptions about reporting abuse, neglect or exploitation in hospice. Most who work in hospice know that social workers are mandated to make reports to a protective agency when they perceive abuse, neglect and exploitation of children, the elderly and people with disabilities. But many hospice workers, in my experience, ...

Why do hospice directors bring suspicions to the team?

I have heard more than one hospice director state that suspicions need to be brought to the team so that other members who may have witnessed something can chime in. There can be value in this. It’s possible that what you think is a sign of abuse, like bruises, can have medical causes. And if there is abuse, other team members may have additional information that you can provide when you make your report.

Why doesn't the law require proof of evidence?

There’s a reason that the law doesn’t require proof or evidence or eye-witness accounts from healthcare professionals or private citizens: It’s not our job to investigate. Investigation is what the adult protective agencies do. All they want from us is to know where there is suspicion so that they know where to do their job.

When do you have to report abuse?

The truth: You must make a report if you have a reasonable suspicion there is abuse, neglect or exploitation.

Do hospice workers have misconceptions?

But many hospice workers, in my experience, are unsure of how the process works and operate under several misconceptions. Because such misconceptions can lead to disagreements among team members and limit the effectiveness of reports, a good understanding of reporting policy can make your work experience more positive, ...

Should a social worker inform the supervisor that she still needs to make the report?

The answer given: The social worker should inform the supervisor that she still needs to make the report.

Who should submit the report?

The truth: The witness or the individual with the suspicion should submit the report.

What happens if a therapist fails to take reasonable steps to protect the intended victim from harm?

“If a therapist fails to take reasonable steps to protect the intended victim from harm, he or she may be liable to the intended victim or his family if the patient acts on the threat ,” Reischer said.

What happens if a therapist violates the ethics of the state?

Therapists are held to very high ethical standards by their governing state board and a violation of those ethics could result in fines, loss of licensure, or even jail time , said Walwyn-Duqesnay. While each state has its own set of guidelines and regulations on what its mental health professionals are required to report, there are common themes that transcend across the country.

What is the purpose of therapy?

Therapy is where you can share your deepest, darkest secrets, fears and vulnerabilities with the expectation that you won’t be judged and what you say won’t be shared. In fact, that’s the whole point of the whole process.

When do therapists file a report?

In the case of suspected child abuse, therapists must file a report if they have “reasonable suspicion” about child abuse.

Who does Cinéas say has to step in and report a situation when vulnerable people are threatened?

Cinéas said a therapist may have to step in and report a situation when vulnerable people are threatened, which could include children, elderly individuals and those living with a disability.

Do you have to report child abuse to a therapist?

“If a client experienced child abuse but is now 18 years of age then the therapist is not required to make a child abuse report, unless the abuser is currently abusing other minors,” Mayo said.

Can a therapist report a patient's intent to harm someone else?

A therapist may be forced to report information disclosed by the patient if a patient reveals their intent to harm someone else. However, this is not as simple as a patient saying simply they “would like to kill someone,” according to Jessica Nicolosi, a clinical psychologist in Rockland County, New York. There has to be intent plus a specific identifiable party who may be threatened.

What to do before beginning therapy?

Before beginning therapy clients or guardians (if the client is a minor) should be asked to read and sign a consent form that explains the circumstances under which your therapist must break confidentiality. If the client is a minor then the information should be clearly explained to the parent or guardian. If at any time you have questions about what is confidential and what is not, try not to be intimidated, and please be sure to get your questions answered.

Why do therapists need specific information?

Therapists need specific information in order to contact authorities. Most of the time professionals need specific information about a particular child who is at risk or who has been already harmed along with information about who is being abusive in order to take the step of filing a report.

Is everything you share with a therapist confidential?

Not everything you share with a therapist can be kept confidential. What an individual tells his or her therapist is confidential; however, there are limitations to the confidentiality between a therapist and a client. Laws in all 50 states require a therapist to contact authorities if a patient is a danger to him/herself, to others, ...

Do therapists have to inform clients of a report?

In addition, the therapist may not be required to inform a client or their family that a report is being made. You can ask ahead of time about how this would be handled should the therapist consider filing.

What is the mandate of a nurse?

As mandated, they are trained to identify signs and symptoms of abuse or neglect and are required by law to report their findings. Failure to do so may result in discipline by the board of nursing, discipline by their employer, and possible legal action taken against them. If a nurse suspects abuse or neglect, they should first report it ...

What should a nurse do when treating a patient?

Nurses should provide a calm, comforting environment and approach the patient with care and concern. A complete head-to-toe examination should take place, looking for physical signs of abuse. A chaperone or witness should be present if possible as well.

Where is Amanda Bucceri?

Amanda Bucceri Androus is a Registered Nurse from Sacramento, California. She graduated from California State University, Sacramento in 2000 with a bachelor's degree in nursing. She began her career working night shifts on a pediatric/ med-surg unit for six years, later transferring to a telemetry unit where she worked for four more years. She currently works as a charge nurse in a busy outpatient primary care department. In her spare time she likes to read, travel, write, and spend time with her husband and two children.

Do nurses have to be able to connect victims of abuse?

While not required by law, nurses should also offer to connect victims of abuse to counseling services. Many times, victims fall into a cycle of abuse which is difficult to escape.

Do nurses have a responsibility to care for victims of abuse?

Employers are typically clear with outlining requirements for their workers, but nurses have a responsibility to know what to do in case they care for a victim of abuse.

Should a nurse report abuse?

The nurse should notify law enforcement as soon as possible, while the victim is still in the care area. However, this depends on the victim and type of abuse. Adults who are alert and oriented and capable of their decision-making can choose not to report on their own and opt to leave. Depending on the state, nurses may be required ...

When Do Therapists Have to Report Crimes?

This applies to both adult clients who may have committed crimes against their children or clients under 16 who have had crimes committed against them. If a counselor believes an adult client has abused or neglected a child, dependent adult or elder person , the therapist must report the crime. He also must report anyone he reasonably suspected to have viewed or downloaded child pornography.

What is confidentiality in a therapist?

Therapist Confidentiality: Crimes Involving a Psychologist. Additionally, the limits to therapist/patient confidentiality mean that a mental health professional is not required to keep discussions confidential if a patient tries to use them in order to commit a crime.

What happens if a therapist tells his therapist he can't stop thinking about raping?

But if he told his therapist that he can’t stop thinking about raping the teenage girl next door, she is legally required to report the crime to the girl’s parents or the police. These kind of limits to therapist confidentiality in criminal cases are not limited to the informed parties either.

What is diminished actuality defense?

While attorneys in rarely rely on the insanity defense, claiming diminished actuality is a common partial defense for those who did not have the actual specific intent to commit a crime because of their mental state and it may help you obtain reduced charges or a lighter sentence.

Do psychologists have to break confidentiality?

The most famous limits to therapist confidentiality and criminal situations is when a therapist is legally required to break confidentiality if he or she believes the patient may hurt himself or someone else. While the most obvious example of this is the mandatory institutionalization of someone who is likely to commit suicide, psychologists are also require to report patients to the police or victim if the patient indicates he or she will commit a crime against someone else.

Can a psychiatrist tell if a patient has ADHD?

For example, if a patient tells her psychiatrist that she has ADHD and needs a prescription for Ritalin, but the psychiatrist can tell she is lying simply in order to obtain pills to get high, the doctor is no longer restricted by patient/doctor confidentiality laws.

Can a therapist break confidentiality?

If the patient is a minor under 16 and the therapist has reason to believe that she has been the victim of a crime and the therapist believe s it is in her best interest to report the crime, the therapist can choose to break patient confidentiality.

How old do you have to be to report a sexual abuser in Australia?

In Australia for instance if you’re under the age of 16 its a mandatory report to child protection services, no matter how long ago it occurred. If you disclose after you turn 16 its at your discretion and your therapist doesn’t report on it (you can report it yourself, or keep it quiet). Some services will still report in Australia regardless of your age if the person who sexually abused you has access to young people (if they are currently teaching, working with kids, dodgy, etc.) - to get around this just don’t give identifying information for the perpetrator (I feel awful saying this, but it is an option). Know some services still report for anyone aged under 18 (schools mostly). It’s all about safety for young people who could be hurt in the same way. If you’re an adult in Australia and its reported you could be asked to give a statement - this is voluntary and you can decline. If unsure I think some countries have national legal advice phone numbers people can ring anonymously. You could ring one to find out your rights in your country.

Why do you file a report with a therapist?

If the circumstances are such that your therapist feels that your abuser may currently pose a threat to another individual in a protected group, they may break confidentiality and file a report in order to protect other potential victims.

What are some examples of abuse?

If you are legally an adult, and your abuser does not currently have access to children or vulnerable adults (e.g. disabled or elderly), your therapist is bound to keep ...

What is considered confidential in a clinical setting?

It depends upon the crime to which the patient allegedly confessed. ANYTHING disclosed within the context of a clinical treatment that has already occurred is covered absolutely by psychologist/patient confidentiality. Confidentiality includes speaking with police, court testimony or anyone else unless the patient has signed a written release for release of information. Exceptions to confidentiality include, in the US, child abuse, elder/dependent adult abuse, or domestic violence. Even in these cases though most clinicians work with the patient and encourage them to report the deeds themselves, staying with them until they do. There are legal limits on the length of time one has to report these abuse cases and to whom they must be reported.

When should a therapist report abuse?

Ethically and legally, a therapist should report any instance when there is domestic abuse, elder abuse, child abuse or you are a threat to yourself or another person.

What should the decision be based on if abuse is in your past?

According to American Psychological Association’s ethical guidelines, if the abuse is in your past then the decision should be based on your current needs.

What happens if you are no longer a minor?

Nothing will happen. If you are no longer a minor, unless there is belief current minors are being abused, the therapist cannot do anything. I hate to say it, but once you turn 18 the world doesn’t care about you or your safety anymore.

What If It Happened A Long Time ago?

See more on psychologytoday.com

What If My Child Wasn’T Involved?

What If It Was An Accident?

What If My Child’S Counselor Makes A Child Abuse Report?

What If I Have More Questions?