suicide

Victimology

Victimology is the study of violent crime victims or victimization. Using victimology, helping professionals can identify and warn potential victims of possible harm by violence.

Tarasoff

All helping professionals in the United States have an ethical duty to breach clients’ confidentiality to make notifications for both homicide risk and suicide. Mandated homicide reporting and the duty to warn were established in Tarasoff v. Regents of the University of California (Cal. 1976).

Duty to Warn

The Supreme Court of California held a court ruling which authorized helping professionals have a duty to protect individuals who are being threatened with bodily harm by a client. Crisis Helpline counselors fall under this mandate and MUST breach confidentiality when a caller threatens to harm themselves or another individual.

Mandated Homicide Reporting

If the caller makes a threat on the life of another person or reports a threat on the life of themselves or someone else, the crisis worker has a “duty to warn”. According to Tarasoff Decision (1976), law enforcement MUST be called, the Crisis Helpline Manager must be notified, and the “Threat to Others” form must be completed.

References: Tarasoff v. Regents of the University of California, 131 Cal. Rptr. 14 (Cal. 1976)

Revised by R. Garcia 04.27.21

Mandated Abuse & Neglect Reporting Policy for Inland SoCal Crisis Helpline

Mandated Dependent Adult/Elder Abuse Reporting Procedure

If you suspect the abuse or neglect of a dependent adult or an elder (over 65), you are mandated to make an immediate verbal report by calling the Riverside County Adult Services Hotline at 1-800-491-7123 and submitting the attached written report within 36 hours by mail to DPSS – Adult Services Central Intake Center 4060 County Circle Drive Riverside, CA 92503 or by fax to 1 -951-358-3969. San Bernardino County Elder/Dependent Adult 24-Hour Toll-Free Hotline 1-877-565-202. If an elder or dependent adult is in imminent danger, call 9-1-1 immediately.

Welfare and Institutions Chapter 4.5, Division 8.5, Sections 9381 (a) and Welfare and Institution Code (WIC) Chapter 11, Division 9, Section 15630 (a)

Child Abuse Mandated Reporter Requirements

Third-Party Suicide-Related Call Policy for Inland SoCal Crisis Helpline

In general, individuals at risk of suicide who do not contact a crisis center are likely in imminent danger. Those at-risk individuals come to our attention in many cases through a third-party caller – someone who cares about the individual experiencing suicidal ideation, desire, or intent.

We can often make the third-party caller an ally and use their contact with the individual at-risk to ensure safety.

Active rescue suggests the crisis counselor must attempt to talk directly to the individual at-risk.

Use active listening skills and assess the situation

Find out the relationship between the third-party caller and at-risk individual

Gather the name and contact information of the third-party caller

Try to obtain the name, contact information and location of the individual at risk

Ask to speak to the at-risk individual one-to-one or on a three-way call

If the at-risk individual is unavailable, educate the third-party caller on ways to intervene

Third-party Anonymity

Be aware that there are times when a third-party caller wants to remain anonymous. This may be because they are domestic violence victims, fear the police, and or wish not to be further involved in the crisis.

Counselor self-disclosure should be avoided. A crisis center call should not sound like a two-way conversation with a friend. The crisis counselor should entirely focus on the client—not themselves.

Be aware of the following signs:

· “Getting to know you” questions asked by a caller may cause unproductive role reversal in the emotional support relationship. Ex: “Do you have kids?”

· Shared personal experiences with a caller; avoid sharing personal resolutions as it is inappropriate and can be harmful. Ex: “It worked for me; it could work for you.”

· Sympathy statements demonstrate a lack of empathy. Avoid sharing personal feelings during the call. Ex: “If I were in your shoes, I would be so sad.”

Self-Assessment

If you accidently self-disclose during a call, change the subject back to the caller. After the call, reflect on what caused you to cross this boundary. Maybe the issue presented by the caller was “close to home,” or you are experiencing personal stress. When this happens, reach out to the Crisis Helpline Manager to provide you with support, recommendations, and assistance.

Revised by R. Garcia 04.27.21

Caller Follow-Up Policy for Inland SoCal Crisis Helpline

Follow-Up Procedures:

If a caller is in imminent danger, you will follow the Imminent Risk Policy. At that time, the Crisis Helpline Manager may assign a single follow-up call to you, the Crisis Helpline Manager or another counselor. Once approved and assigned, there should be three documented attempts to contact a caller.

Follow-Up Consent:

Caller’s consent is required to follow up. Ex: " We would like to call you back in a few days and see how you are doing. Would you be open to allowing us to re-contact you soon?”

If the caller says, “yes”, obtain:

1. The caller’s name:

2. The best phone number:

3. Best days and times to call:

4. Is it okay for us to leave a message?

5. Special Instructions: ________________________

Document Unsuccessful/Successful Attempt to Reach the Caller:

There should be documentation of an unsuccessful/successful follow-up call via iCarol

References: National Suicide Prevention Lifeline (2012), “Crisis Center Guidance: Follow-up with Callers and Those Discharged from Emergency Department”. Retrieved on October 15, 2018 from https://suicidepreventionlifeline.org/wp-content/uploads/2016/09/Lifeline-Follow-Up-Guidance1214.pdf

Revised by R. Garcia 04.27.21

Debriefing Policy for Inland SoCal Crisis Helpline

The following calls MUST be reported to a Crisis Helpline Manager for debriefing and follow up:

1. A call that involves emergency services (police, an ambulance, or the fire department).

2. A call that resulted in a mandatory child, elder or disabled adult abuse report.

3. A call in which the counselor was sexually harassed, verbally abused or threatened by a caller.

4. A call in which a third-party was contacted (a parent, a guardian, animal control…).

5. A call that leaves the crisis counselor feeling discomfort, upset or disturbed.

Debriefing: A debriefing meeting will allow the crisis counselor to obtain support and guidance from the Crisis Helpline manager. Also, Helpline weekly debrief meetings are hosted to provide additional support.

Follow-up: May also be utilized to ensure client’s safety.

Nuisance Call Policy

· You have the right to end nuisance calls and prank calls.

· To end an abusive or harassing call, you may either just hang up or you may say, “This is inappropriate. I’m hanging up now.”

Revised by R. Garcia 04.27.21

Mandated

Reporting

Elder Abuse Mandated Reporting

Recognizing the increasing reported instances of abuse of elderly people, the State of California has passed various statutes making such abuse subject to unique criminal and civil liability. Essentially, the laws forbid the lack of care as well as the physical or mental abuse of elderly dependent persons. Violation of such provisions can subject the perpetrator to civil and, more drastically, criminal liability. The definitions are contained in the Welfare and Institutions Code and the criminal penalties in the Penal Code. It is important to note that many of the statutes apply to ANY dependent adults regardless of age. It is also important to note that failure to provide goods or services by a care custodian, itself, may be considered elder abuse.

Welfare and Institution Code Definitions.

15610.23. (a) "Dependent adult" means any person between the ages of 18 and 64 years who resides in this state and who has physical or mental limitations that restrict his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities,  or whose physical or mental abilities have diminished because of age.

(b) "Dependent adult" includes any person between the ages of 18 and 64 years who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the  Health and Safety Code.

15610.27.  "Elder" means any person residing in this state, 65 years of age or older.

15610.07 . "Abuse of an elder or a dependent adult" means either of the following:

(a) Physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering.

(b) The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.

15610.57. (a) "Neglect" means  either of the following:

 (1) The negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise.

 (2) The negligent failure of an elder or dependent adult to exercise that degree of self-care that a reasonable person in a like position would exercise.

 (b) Neglect includes, but is not limited to, all the following:

 (1) Failure to assist in personal hygiene, or the provision of food, clothing, or shelter.

 (2) Failure to provide medical care for physical and mental health needs. No person shall be deemed neglected or abused for the sole reason that he or she voluntarily relies on treatment by spiritual means through prayer alone in lieu of medical treatment.

 (3) Failure to protect from health and safety hazards.

 (4) Failure to prevent malnutrition or dehydration.

 (5) Failure of an elder or dependent adult to satisfy the needs specified in paragraphs (1) to (4), inclusive, for himself or herself as a result of poor cognitive functioning, mental limitation, substance abuse, or chronic poor health (CDSS 2019).

Both the Courts and the various governmental agencies have held that abuse may be defined in a broad category of actions: 

·  Physical Abuse which includes but is not limited to assault, battery, unreasonable restraints, etc. For further definition look at California Welfare and Institution Code Section 15610.63

·  Psychological Abuse which includes but is not limited to verbal abuse, harassment, or being confined to a room for extended periods of time, etc. For further definition look at California Welfare and Institution Code Section 15610.53

·  Financial Abuse which includes but is not limited to fraudulent financial investment, extorting money from an elder, or anyone who stands in a position of trust and uses that to their advantage, etc. For further definition look at California Welfare and Institution Code Section 15610.30

·  Neglect Abuse which includes but is not limited to when an individual fails to give adequate personal hygiene fails to prevent malnutrition, fails to provide clothing or shelter, etc. For further definition look at California Welfare and Institution Code Section 15610.57(a)

·  Isolation Abuse which includes but is not limited to an individual prevents another (or him or herself) from having contact with other by refusing calls, mail, or visitors. For further definition look at California Welfare and Institution Code Section 15610.43

·  Abandonment which includes but is not limited to an individual who willfully forsakes an elder. For further definition look at California Welfare and Institution Code Section 15610.05

· As discussed below, the  California Penal Code Section 368 makes certain acts against an elder punishable by prison terms if convicted in a criminal court.  Federal Law relating to elder abuse can be found in The Older Americans Act, Title I, Section 102, The Older Americans Act, Title III, Section 307, and The Older Americans Act, Title VII, Section 721.

Penal Code 368. 

(a) The Legislature finds and declares that crimes against elders and dependent adults are deserving of special consideration and protection, not unlike the special protections provided for minor children, because elders and dependent adults may be confused, on various medications, mentally or physically impaired, or incompetent, and therefore less able to protect themselves, to understand or report criminal conduct, or to testify in court proceedings on their own behalf.

 (b) (1) Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult, with the knowledge that he or she is an elder or a dependent adult, to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of an elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured, or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health is endangered, is punishable by  imprisonment in a county jail not exceeding one year, or by a fine not to exceed six thousand dollars ($6,000), or by both that fine and imprisonment, or by imprisonment in the state prison for two, three, or four years.

California’s mandated reporter law, also known as the “Child Abuse and Neglect Act (CANRA) is outlined in Penal Code Sec. 11165.7. State law requires designated mandated reporters to report suspected or known abuse, neglect, or exploitation of a child under age 18. Reporters may view the abuse as first-hand eyewitnesses, or they may simply have a reasonable suspicion based upon facts and observations.

The following types of child abuse, neglect, or exploitation  must be reported to protect the victim: Sexual assault, rape, or grooming. Exploitation, including prostitution, pornography, and exhibitionism. General or severe neglect, such as failing to feed, clothe, or shelter the child. Physical abuse and the willful injuring of a child. Emotional maltreatment, including blaming, belittling, objectifying, and refusing love.

California Mandated Reporter

WHO IS A MANDATED REPORTER IN CALIFORNIA?

The list of mandatory reporters is extensive in California, however, here is a brief list:

Licensed workers or evaluators, public assistance workers, social workers, child visitation monitors, probation officers, parole officers. Any medical care professional, including residents and interns, psychological assistants, counselors, and therapists. Any person providing services to a minor child under Welfare and Institutions code 12300. Alcohol and drug counselors providing counseling, therapy, or clinical services for a state-licensed or certified drug and alcohol treatment program

WHAT IS REQUIRED OF A MANDATED REPORTER?

Mandated reporters must promptly submit two reports, one verbal report and one  written, once they’ve been notified of child abuse or neglect. 

First, the reporter must contact the local police or sheriff’s department, county welfare department, or county juvenile probation department. Typically, information requested will include the reporter’s name, business address, and phone number; the child’s name, address, and present location; the names, addresses and phone numbers of the child’s primary caregivers; a description of what happened; the source of the information that led to the allegation; and the names, addresses, and contact information of the suspected abuser. 

Second, the reporter must submit a written report to the same agency using form  SS 8572 within 36 hours. Partially completed forms are acceptable when the reporter does not know all of the information requested, mandated reporters must provide a name and contact information according to  PC 11167. It is a common misperception that simply telling a supervisor, manager, coworker, or administrator is good enough. But in reality, the mandated report must be made to the appropriate agency, as mentioned above.

Businesses that employ mandated reporters must:

· Encourage mandatory reporting as required by law.

· Have all employees sign a written statement that they are aware of their legal reporting obligations within four weeks of their start date.

· Provide optional online or DVD training to help employees understand mandatory reporting obligations.

· Make a superior accessible to assist with the filing of reports, if necessary.

What is the punishment for failing to report sexual abuse?

When mandated reporters in California fail to make required reports or when administrators impede the creation of required reports, they are guilty of a misdemeanor crime punishable by a fine of $1000 and up to six months in jail. When the abuse results in grievous bodily harm or death, the punishment increases to a fine of $5000 and up to one year in jail.

Above and beyond the criminal penalties, non-reporters may also be sued for damages in civil court. Mandatory reporters and their employers  can be held liable for the victim’s medical expenses, emotional pain and suffering, and lost wages or future earning capacity. In the event of a death, family members may also sue for these effects, as well as funeral and burial expenses.

Emotional

Support

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