abused or neglected child or children; unemotionally state the requirement to report suspected abuse and neglect; and then state the conditions, behavior, or history presented. No one Professional consultation Dentists and dental staff are not the professionals who have to make the determination of whether abuse and neglect have actually occurred. Their responsibility is to report suspected cases (Burgette et al., 2020). Dental auxiliaries may want to talk privately with the dentist or other staff members about conditions or problems they see. It may be beneficial, but is not mandatory, for the dentist to consult with the child’s physician The role of child protective services If a report needs to be made, it should be made immediately; anyone in the dental office can file a report. Reporting is easy. The first step involves calling the state or local child protective services (CPS) agency, in accordance with state law, and speaking with a trained social worker, who will determine the necessary action. Calling CPS does not necessarily mean you will have to file the report. The call can be a professional consultation to help the clinician decide whether a report needs to be filed. Most importantly, a call to CPS is not an accusation, but rather an inquiry prompted by concern for the well-being of Immunity from liability The issue of liability does not come into play in reporting cases of suspected abuse or neglect. State laws contain language that protects mandated reporters from criminal and civil liability arising from good-faith reports. Unfortunately, this does not mean that someone cannot sue a clinician for making a good- Confidentiality Most states, including Florida (Statute §39.204), restrict privileged communication in cases of suspected child abuse or neglect. Therefore, claiming privileged doctor-patient communication is generally not a defense for failing to report Penalties for failure to report All jurisdictions have laws that deal with child neglect and provisions for criminal penalties for failure to report suspected cases of child abuse or neglect (Burgette et al., 2020). In Florida, failure to report can result in being charged with a third-degree felony (2020Florida Statutes, §39.205; Florida Senate, 2022). It
should be judgmental. Even if the child is a victim, it may not be at the hands of the adults present, and the maltreatment may be totally unknown to them.
to discuss his or her concerns. The physician may have useful information about the patient’s condition. Some state protective service agencies provide consultative services along with reporting via a hotline. A clinician who is unsure about whether a report needs to be made should contact protective services about any concerns. The agency may provide guidance on whether a formal report needs to be made. the child and the family. If an investigation is warranted, it is up to CPS to investigate the case. Based on its investigation, the CPS agency determines whether the case is “substantiated,” meaning that credible evidence was found to indicate abuse or neglect, or “unfounded,” meaning that there was insufficient evidence to substantiate the maltreatment. Even if the case is determined to be “unfounded,” there is still a possibility that the child may be at risk. This finding may mean only that insufficient evidence was found in this particular instance; the information provided at this time may be used in future investigations to benefit the child. faith report. It does mean that, unless bad faith is proven, the clinician cannot be held liable. The reality of modern American society is that anyone can sue another person for anything. But in reporting suspected child abuse or neglect, such suits generally have no foundation in law.
suspected child abuse or neglect as required (Kenton & Boyle, 2020). Information given to a dentist by a patient may be shared with CPS in its investigation of child abuse or neglect.
is important for mandated healthcare professionals to note that malpractice insurance does not cover criminal acts. Because failure to report can be a crime, injuries resulting from such failure might expose a healthcare professional to uninsured professional liability.
INTIMATE PARTNER VIOLENCE
Definition, data, and demographics Intimate partner violence (IPV) occurs between two people in a close relationship. The term intimate partner includes current and former spouses and dating partners. Intimate partner violence exists along a continuum from a single episode of violence to ongoing battering. Approximately one in four women and one in ten men have experienced some form of IPV during their lifetimes (Smith, Zhang, et al., 2018). One in five women have been raped at some time in their lives (Smith, Zhang, et al., 2018). Of women who reported having been raped, approximately 51% reported that at least one perpetrator was an intimate partner (California Department of Public Health, 2020). According to the Centers for Disease Control and Prevention (CDC), between 2003 and 2014, of homicides of adult women, more than half (4,442) were IPV related (Petrosky et al., 2017). What is now called IPV was previously termed domestic violence or spousal abuse . It is important to note nomenclature variations among state statutes. For example, Florida law refers to the problem of family violence and maltreatment of family member victims of any age as domestic violence (Houseman & Semien, 2022).
IPV includes four types of behavior: ● Physical violence : Involves hurting or trying to hurt a partner by hitting, kicking, or using other types of physical force. This type of violence frequently occurs during pregnancy. According to the American College of Obstetricians and Gynecologists (ACOG), the reported prevalence of domestic violence during pregnancy includes 30% emotional abuse, 15% physical abuse and 8% sexual abuse (Huecker et al., 2022). ● Sexual violence : Involves forcing a partner to take part in a sex act when the partner does not consent. About 18% of U.S. women and 8% of U.S. men have experienced contact sexual violence by an intimate partner (Smith, Zhang, et al., 2018). ● Threats of physical or sexual violence : Include the use of words, gestures, weapons, or other means to communicate an intent to cause harm. ● Emotional abuse : Is threatening a partner or their possessions or loved ones or harming a partner’s sense of self-worth. Examples are stalking, name-calling, intimidation, and not letting a partner see friends and family. Family pets may also be the target of this intimidation. (Marques, 2021; National Sheriffs’ Association, n.d.)
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Book Code: DHFL2624
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