I will need the Part 1 Tue Boss! and I will attach other information you need but let me konw if I am miss any again Thanks Boss. I will send the the Cases Reporting.
The Case of Zac
Zac (DOB: 10/03/2019) is a 7-year-old, Hispanic, male in 2nd grade. He resides in his home (3333 West Tribeca Street, Chicago, Illinois) with his biological parents. Luis (38 years old), his father, is a carpenter. His mother, Guadalupe (31years old), is a nurse. His mom and dad have been married 10 years and have no other children.
Zac was at school today. When he went to class to sit down, he yelled, “Ouch!” The teacher asked Zac what was wrong. At first Zac said nothing but then started to tear up from being in pain. Zac stated that he got in trouble last night and got a spanking. He then began crying. The teacher requested the school counselor meet with Zac as he was visibly upset.
The school counselor met with Zac who reported he was playing with a ball in the house, and it hit a vase and broke. He said that his dad told him to not play with the ball in the house, and he only bounced it a couple more times before it hit the vase and broke. Zac said it was an accident but that his dad was “really angry,” and hit him on his back area with a belt. Zac said he did it “a lot of times, and it hurts.”
The school counselor walked Zac to the nurse’s office to have Zac checked out. The school nurse asked Zac where it hurts, and he pointed to his back area. He asked the nurse if she can help him because it “hurts to sit down.” The nurse had Zac lift the back of his shirt. She could see visible large welts on Zac’s back and welts going down towards his buttocks and legs. She then provided Zac with some ice and continued to ask further questions. She asked if this happened before. Zac said, “No.” She also asked if his clothes were on when this happened because the welts were very thick and red, and in one area she noticed some blood. Zac said, his dad made him pull his pants down but left his underwear on. Zac also noted that his mom was at work when this happened and “she yelled at my daddy for spanking me.”
Mandated Reporting Issue
It is important to note that although parents can spank their children, if marks are left, it is considered abuse in many states. As a counselor, or mandated reporter, you do not investigate whether child abuse has occurred. Rather by law, if you suspect abuse has occurred, you are to report the incident to your local Children Services Agency (CSA). It is also outside of a counselor’s scope of competency ask to look at a wound that is not visible. In the case of Zac, the counselor consulted the school nurse who is competent in wound assessment.
CSA will determine, from the information provided, if the allegations of suspected abuse are substantiated or not. It is important to remember that, when reporting to your local CSA, they will want you to provide them with as much information as possible.
CSA will want to know:
- Information on the alleged perpetrator (i.e., name, age, address, etc.)
- Information about the alleged victim (i.e., name, age, address)
- Who lives in the home (i.e., names and ages)
- Witnesses
- Description, in detail, of what is being reported
- Safety concerns
- Other information that can be provided about the alleged child victim’s home (i.e., living conditions, drug and alcohol abuse in home, domestic violence, etc.)
- Who the complainant is in relation to the alleged victim
CSA may have other questions but these are the most common areas of information they are trying to collect.
In the case of Zac, he was spanked to the point where he cannot sit down and is in a lot of pain. After further observation from the nurse, Zac has visible marks and welts on his body because of the spanking with a belt from his father. This warrants a call to CSA by the mandated reporters identified in this case.
Clinical, Ethical and Legal Considerations
Child abuse and neglect effect the lives of many children. As a result, all states have set forth mandated reporting laws. Mandated reporters are identified persons who are required to report suspected child abuse (i.e., physical, emotional, or sexual) or neglect to an appropriate agency (e.g., CSA or law enforcement).
Only two states identify all persons as mandated reporters. These two states are New Jersey and Wyoming, and are the only two states that do not identify specific professional groups as mandated reporters but require “all persons to report.”
Individuals designated as mandatory reporters typically have frequent contact with children and generally include persons, such as “social workers, teachers, principals, and other school personnel; physicians, nurses, and other health care workers; counselors, therapists, and other mental health professionals; child care providers; medical examiners or coroners; and law enforcement officers” (Child Welfare Information Gateway, 2016, p.2).
It is important to note that mandated reporting laws vary in each state. When reporting, check the state laws in which the report is being made. As a mandated reporter, failure to comply with state laws can result in criminal penalties and other sanctions imposed upon the person.
School districts, administrators, school mental health professionals, and educators (and other school staff) are responsible for fostering a relationship of trust with students and families. They are legally and morally responsible for the well-being and care of their students, and are responsible for ensuring that each student receives a quality education. In doing this, schools need to ensure that students are in an environment that is positive, safe, and encouraging for learning. They have an ethical and legal duty to uphold. When this does not occur, consequences by the federal, state, and local level can occur.
The Case of Jamie
Jamie (DOB 02/28/00) is a single 19-year-old Hispanic female student who is attending alternative schooling until the age of 22 when she will transition to work. Jamie lives at home (674 Cazenovia Drive, Aurora, New York), in the family farmhouse, with her mother (Esmeralda, 44 years old) and older sister (Melissa, 20 years old). Jamie’s estranged father (Jose, 43 years old) left the family years earlier. Her maternal uncle (Samuel, 29 years old), who does not work, comes to the house from time to time, mainly to visit with Jamie—most often during the afternoons when Jamie comes home early from school. Jamie has an older brother (Jonathan, 25 years old) who is away attending college. Her sister, Melissa, goes directly from college to work at a local feed store and arrives home around suppertime, when her mother returns from work.
Jamie was diagnosed at 7 years old with intellectual developmental disorder, moderate severity; a neurodevelopmental disorder that is characterized by deficits in intellectual functions (e.g., reasoning, problem solving, abstract thinking, academic learning), impacting the development of age-appropriate standards for personal independence and social responsibility. As Jamie transitioned from a child to adult, her mother petitioned the court to consider appointing her as Jamie’s guardian ad litem (i.e., a guardian appointed by the court to protect the best interests of a minor or vulnerable adult), so she could help care for her needs. The judge approved the request, and Esmerelda was appointed as guardian ad litem for Jamie.
Although Jamie has limited intellectual ability (about the 4th or 5th grade level), she is able to generally care for herself but does not drive, and relies on family, friends, and a limited community transportation system. Neither sibling is diagnosed with a disability. Her mother is employed full time as a pharmacy technician, and is able to work from home on days that her daughter is not in school, which allows her to be there for her Jamie when necessary. Jamie’s uncle, Samuel, assumes the role of caretaker on days when Esmerelda cannot stay home.
Jamie is capable of functioning with most activities of daily living but does still need assistance with some activities. She is now in a transition period—transitioning from school to work. Although Jamie does quite well most of the time, changes like these can be very stressful and cause concern for her friends, family, school counselor, school psychologist, and her special education teacher and assistant (who has been working with her for several years now). Jamie has been showing signs of behavioral concerns due to the stress of making the transition to work. Team meetings began a while back, with Jamie present in the meetings. Jamie’s mother was always present in the team meetings, as well.
Plans were drafted to assist Jamie in her transition, and placement options were discussed. During a counseling session with her and her mother, Jamie made a disconcerting comment about being left alone with her uncle after coming home from school. Jamie stated, “I don’t want to be with Uncle Samuel anymore. He is weird when he plays with me.” The counselor and Jamie’s mother both found the statement concerning. When the counselor inquired about why Uncle Samuel was weird, Jamie added, “He told me not to tell anyone about the special things he does with me.”
When talking about her uncle, Jamie’s affect and body language suddenly changed, becoming more guarded, closed in, and anxious. Jamie’s mother encouraged her to share her secret, and Jamie then began to cry and shout, “Just stop it, I can’t tell you about taking off my pants and playing doctor!” Jamie’s mother and the counselor offered empathy and asked Jamie to tell them what her uncle did when they played doctor. Jamie became upset again and screamed “He puts his stuff inside me!” Jamie’s mother also disclosed that she had recent suspicions about possible abuse perpetrated by uncle because “he was abused by our dad, and I saw him looking oddly at Jamie one day.” Based on Jamie’s remarks, change in demeanor, and her mother’s concern as guardian ad litem, the counselor (following her code of ethics and state law) consulted with her supervisor on the suspected abuse, and it was determined that the counselor, as a mandated reporter, needed to make a report to Adult Protective Services (APS).
Mandated Reporting Issue
An individual is appointed a guardian ad litem through the court system by a judge when a child or vulnerable adult is deemed unable to care for his or herself, including their daily living skills, finances, and property. The guardian ad litem is expected to advocate for the needs of the vulnerable adult, and monitor and assist with daily living and independence skills. A guardian ad litem is typically a temporary role, while a determination regarding competency is being considered. If Jamie were deemed “incompetent” to care for herself then she would be appointed a guardian who would have overall legal authority over her person, property, and finances.
A counselor and mandated reporter does not investigate suspected abuse but, in turn, reports the suspicion and rationale for the concern to the appropriate agency. After session consultation between the counselor and the supervisor, and considering Jamie’s and Esmerelda’s disclosure, it was determined (for the protection of the vulnerable adult client) that the suspected sexual abuse should be reported to Adult Protective Services (APS). Following the American Counseling Association’s Code of Ethics (ACA, 2014), as well as New York’s state mandated reporting requirements, the counselor reported the concerns to APS.
APS will collect all information from the counselor, including:
- Information on the alleged perpetrator (i.e., name, age, address, etc.)
- Information about the alleged victim (i.e., name, age, address)
- Who lives in the home (i.e., names and ages)
- Witnesses
- Description, in detail, of what is being reported
- Safety concerns
- Other information that can be provided about the vulnerable adult’s home (i.e., living conditions, drug and alcohol abuse in home, domestic violence, etc.)
- Who the complainant is in relation to the alleged victim
APS will then determine, from the information provided, if the allegations of suspected abuse are substantiated or not.
In the case of Jamie, she was considered a vulnerable adult and appointed a guardian ad litem, due to symptoms associated with her intellectual developmental disability. Jamie is reporting information that suggests that her Uncle Samuel is sexually abusing her. This is suspected abuse and mandates a report to APS.
Clinical, Ethical and Legal Considerations
Vulnerable adults, including those diagnosed with mental and emotional disorders, are at risk of being victimized. All 50 states have mandated reporting laws related to abuse and neglect of vulnerable populations. Mandated reporters are individuals who are required by law to report suspected abuse and neglect (e.g., physical, mental, emotional, financial) to the proper authorities (e.g., APS). Mandated reporting laws vary in each state and, when reporting, mandated reporters refer to the state laws in which the report is being made.
As a mandated reporter, failure to comply with state laws can result in criminal penalties and other sanctions imposed upon the person. Jamie lives in New York, for example, and clinicians (including licensed counselors) are mandated to report abuse or maltreatment of a child or vulnerable adult as soon as abuse is suspected. A counselor’s legal and ethical responsibilities may vary from state to state, regarding this situation, in terms of reporting and case notes.
Following the American Counseling Association’s 2014 ACA Code of Ethics, Section C.2.e, in combination with her state’s mandated reporting requirements, the counselor consulted with her supervisor and drafted case notes. Then, with her supervisor’s agreement, she reported the issue to APS within the required time limit for her state.
The Case of Rona
Rona (DOB 01/17/1949) is a 70-year-old, widowed, black female living at the home (309 Chamber Road, Alameda, California) of her grown daughter, Fema (30 years old), in an in-law suite separate from the main house. Rona was diagnosed with early onset Alzheimer’s disease (AD) 5 years ago, a disorder that can lead to increasing decline in memory, reasoning, and cognition. Rona has become increasingly forgetful, is no longer able to recognize local landmarks that were once familiar to her, sometimes does not recognize people close to her, and is experiencing problems with vision loss. She often misplaces items she needs, leaves the stove on, and has difficulty making simple decisions. Rona seems confused, depressed, and fearful.
Rona’s daughter, Fema, was recently appointed as guardian ad litem (i.e., a guardian appointment by the court to protect the best interests of a minor or vulnerable adult). She also has a caretaker (coordinated through her behavior health case manager) three times a week to help her with activities of daily living, such as cooking meals, helping with cleaning, laundry, and other tasks that require focus, attention, and a degree of safety. Rona is no longer able to adequately or consistently complete important legal forms or pay bills, she can drive but occasionally gets lost, and she is capable of basic personal care but fades in and out of the ability to function in some aspects of daily life.
Rona’s daughter has taken her mother’s car keys, seized control of her mother’s finances (even though bank accounts remain in her mother’s name), and refuses to allow her mother to leave her in-law suite—sometimes locking her in from the outside with no way to escape during an emergency or to gain access to food or water. Fema also cashes her mother’s Social Security checks and does not allow her mother to have any money. Fema does not purchase groceries for the home or assist with Rona’s daily living skills.
Rona has been referred to a counselor to help with depression, anxiety, and fear that often accompany AD. Her daughter, Fema, comes to some of the counseling sessions. But, at a session that Fema was not attending, Rona mentions that her daughter sometimes talks mean to her, calls her names, and grabs her by the arm. She also shared that Fema locks her in her in-law suite and keeps her money. The counselor also smelled a body odor coming from Rona and, upon inquiry, Rona shared that she does not bath regularly due to lack of assistance.
During another session, conducted the next day, Fema disclosed that she often leaves her mother alone knowing her mother’s limited capacities. This raised a red flag, as to possible elder abuse and neglect (physical, mental, emotional, and financial), causing concern for the counselor.
Mandated Reporting Issue
An individual is appointed a guardian ad litem through the court system (by a judge) when a vulnerable adult is deemed unable to care for his or herself, including their daily living skills, finances, and property. The guardian ad litem is expected to advocate for the needs of the vulnerable adult, and monitor and assist with daily living skills. A guardian ad litem is typically a temporary role while a determination regarding competency is being considered. If Rona were deemed “incompetent” to care for herself, then she would be appointed a guardian who would have overall legal authority over her person, property, and finances.
A counselor and mandated reporter does not investigate suspected abuse but, in turn, reports the suspicion and rationale for the concern to the appropriate agency. After session consultation between the counselor and the supervisor, and reviewing all the client’s case notes and Rona’s and Fema’s disclosure, it was determined that the suspected abuse and neglect should be reported to Adult Protective Services (APS) for the protection of the mother. Following the American Counseling Association’s Code of Ethics (ACA, 2014), as well as California’s state mandated reporting requirements, the counselor reported the concerns to APS.
APS will collect all information from the counselor, including:
- Information on the alleged perpetrator (i.e., name, age, address, etc.)
- Information about the alleged victim (i.e., name, age, address)
- Who lives in the home (i.e., names and ages)
- Witnesses
- Description, in detail, of what is being reported
- Safety concerns
- Other information that can be provided about the vulnerable adult’s home (i.e., living conditions, drug and alcohol abuse in home, domestic violence, etc.)
- Who the complainant is in relation to the alleged victim
APS will then determine, from the information provided, if the allegations of suspected abuse are substantiated or not.
In the case of Rona, she was considered a vulnerable adult and appointed a guardian ad litem due to her inability to care for herself, including daily living skills and safety. Fema, her daughter and guardian ad litem, neglected to assist her mother with daily living skills (e.g., bathing, cooking), refused her access to money, grabbed her aggressively, and locked her in the in-law suite without access to food or a safe escape in the case of an emergency. This is suspected neglect and abuse, and mandates a report to APS.
Clinical, Ethical and Legal Considerations
Elder abuse and neglect affect the lives of many vulnerable adults and often goes unnoticed and unreported. All 50 states have mandated reporting laws related to abuse and neglect of vulnerable populations (e.g., elderly). Mandated reporters are individuals who are required by law to report suspected abuse and neglect (e.g., physical, mental, emotional, financial) to the proper authorities (e.g., APS). Mandated reporting laws vary in each state and, when reporting, mandated reporters refer to the state laws in which the report is being made.
As a mandated reporter, failure to comply with state laws can result in criminal penalties and other sanctions imposed upon the person. According to the California Mandated Reporting Requirements, the state where Rona resides, all health care professionals are required to report elder abuse. Failure to report elder abuse is a misdemeanor and punishable by law—up to 6 months in prison and up to $1000.00 fine. Elder abuse is defined as physical abuse, verbal abuse, neglect, abandonment, isolation, deprivation of goods and services, and financial abuse. If a counselor observes, receives information, or an elder discloses abuse, he or she is required to report the abuse, as soon as possible, to the required authorities listed by the state (“California Mandated Reporting Requirements,” n.d.).