Adult_Abuse.pdf

Policy 326 Chesapeake Fire Department Policy Manual Copyright Lexipol, LLC 2023/03/29, All Rights Reserved.Published with permission by Chesapeake Fire Department Adult Abuse - 1 Adult Abuse 326.1 PURPOSE AND SCOPE This policy provides members of the Chesapeake Fire Department with guidance re...

Policy 326 Chesapeake Fire Department Policy Manual Copyright Lexipol, LLC 2023/03/29, All Rights Reserved.Published with permission by Chesapeake Fire Department Adult Abuse - 1 Adult Abuse 326.1 PURPOSE AND SCOPE This policy provides members of the Chesapeake Fire Department with guidance regarding when notification is to be made to the local social services department's Adult Protective Services (APS) of suspected abuse of certain adults. 326.1.1 DEFINITIONS Abuse- is the willful infliction of physical pain, injury or mental anguish or unreasonable confinement. Adult- Any person eighteen (18) years of age and older who is incapacitated and any qualifying person sixty (60) years of age and older. Exploitation- The illegal use of an incapacitated adult or their resources for another's profit or advantage. Neglect- An adult is living under such circumstances that they are not able to provide for themselves or is not being provided such services as are necessary to maintain their physical and mental health; and that the failure to receive such necessary services impairs or threatens to impair their well-being. 326.2 POLICY It is the policy of the Chesapeake Fire Department to assist victims of adult abuse by making the proper notifications to those responsible for investigating these matters. Members will immediately inform the officer-in-charge of the scene and report all information which is the basis for their suspicion of abuse, neglect or exploitation of an aged or incapacitated adult. 326.3 MANDATORY NOTIFICATION Emergency Medical Services (EMS) members of the Chesapeake Fire Department shall, and all other members should, notify APS when the member has reason to suspect that an adult is being abused, neglected or exploited (Va. Code § 63.2-1606). A member who has reasonable cause to suspect that an adult has died as a result of abuse or neglect shall immediately report such suspicion to the appropriate Medical Examiner and local law enforcement (Va. Code § 63.2-1606). For purposes of notification, reporting adult abuse is required for persons who are 60 years of age or older, or who are 18 years of age or older and incapacitated. Incapacitated means having an impairment by reason of mental illness, intellectual disability, physical illness or disability, advanced age or other causes to the extent that the adult lacks sufficient understanding or capacity to make, communicate or carry out responsible decisions concerning his/her well-being. For the purposes of notification, abuse means willful infliction of physical pain, injury or mental anguish, or unreasonable confinement. Neglect means that an adult is living under Chesapeake Fire Department Policy Manual Adult Abuse Copyright Lexipol, LLC 2023/03/29, All Rights Reserved.Published with permission by Chesapeake Fire Department Adult Abuse - 2 such circumstances that he/she is not able to provide for him/herself, or he/she is not being provided services necessary to maintain his/her physical and mental health and that the failure to receive these services impairs or threatens to impair the his/her well-being. Exploitation means the illegal, unauthorized, improper or fraudulent use of a qualifying adult or his/her funds, property, benefits, resources or other assets for another's profit, benefit or advantage (Va. Code § 63.2-1603; Va. Code § 63.2-100; 22 VAC 30-100-10). Any member who makes a report or who testifies in any judicial proceeding arising from the report shall be immune from any civil or criminal liability on account of sick report or testimony, unless such person acted in bad faith or with a malicious purpose (Va. Code § 63.1-55.3). 326.3.1 NOTIFICATION PROCEDURE Notification should occur immediately by directly contacting the local APS office or by calling the APS hotline and shall include all of the information that is the basis for the suspicion of adult abuse, neglect or exploitation (Va. Code § 63.2-1606). If the abuse is discovered while the member is providing services to an adult who is in a hospital, nursing facility or similar institution, the member may, in lieu of reporting directly to APS, notify the person in charge of the institution (Va. Code § 63.2-1606). The appropriate department Field Medical Officer should be notified of the incident as soon as practical. A written report shall be prepared and, if requested, forwarded to law enforcement or APS. If the adult is being transported to a medical facility, the receiving center triage nurse or physician shall be notified of the situation upon the adult’s arrival. Failure to report an incident of known or reasonably suspected adult abuse by a mandated reporter may result in a civil penalty and may also result in discipline (Va. Code § 63.2-1606). 326.4 RELEASE OF REPORTS Information related to incidents of adult abuse or suspected adult abuse shall be confidential and may only be disclosed pursuant to state law and the Release of Records Policy. Requests for information about an incident referred to law enforcement should be referred to the investigating agency.