Child Abuse and Child Protection

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Child Abuse and Child Protection
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Child Abuse

• An act or omission by any person that results in
• A) physical injury
• B) emotional disability of a permanent nature (or
  likely to result in such disability)
• C) sexual exploitation with or without childs
  consent

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Child Abuse

• Leading cause of death in 6-12 months age
• 2nd only to S.I.D.S. in 1-6 months age
• Each year, the Child Protection Centre at
  Childrens Hospital in Winnipeg sees
  approximately
• 400-500 suspected cases of physical abuse
• gt300 cases of suspected sexual abuse

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Duty to report

• Manitoba Child Family Services Act states
• ...where a person has information that leads the
  person reasonably to believe that a child is or
  might be in need of protection, the person shall
  report the information to an agency or to a
  parent or guardian of the child

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Failure to report

• punishable offence not to report
• even where the information is acquired through
  the discharge of professional duties or within a
  confidential relationship
• consequences of not reporting continued abuse,
  further deterioration of family functioning
  professional legal sanctions

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Disclosure Without Individuals Consent

• Personal Health Information Act (PHIA) allows for
  the sharing of personal health information
  without consent to facilitate a child protection
  investigation
• The identity of the reporting person is not
  disclosed to the family
• No legal action lies against a person for
  reporting a child in need of protection in good
  faith

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Spanking, Supreme Court of Canada, Jan 2004

• Permissible only as sober, reasoned uses of
  force that address actual behavior
• Designed to restrain, control, or express
  symbolic disapproval of behavior

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Spanking, Supreme Court of Canada, Jan 2004

• Not permitted
• Degrading, inhuman or harmful conduct
• Under age 2
• Teenagers
• Use of rulers, belts, etc
• Slaps or blows to head

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Not permitted

• corporal punishment by teachers
• Exception restraint to prevent behavior
  dangerous to self or others

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Nursing Roles in Child Maltreatment

• 1. Identification - recognition of abusive
  
  situations
• 2. Reporting - knowledge of legal responsibility
  carrying it out
• 3. Early Intervention - recognition of stressful
  situations,
  knowledge of available
  resources skills to intervene
• 4. Prevention - promote healthy parenting

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Case Study

• You are a nursing student caring for a 4-
  year-old female
• While bathing the child she comments that she
  doesnt like her grandpa
• Child states He always wants to play gross
  games with me.
• When asked what games are gross she states like
  when you have to touch someones pee pee.

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Discussion

• 1. What are the issues in this case?
• 2. How does this make you feel?
• 3. What is your responsibility as a
  nursing student?

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Protection for Persons in Care Act

• Manitoba, 2000

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Protection for Persons in Care Act

• Helps protect adults from abuse while receiving
  care in PCHs, hospitals, or any other designated
  health facility

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Abuse

• Physical, sexual, mental, emotional, and
  financial mistreatment
• Alberta Act specifically mentions inappropriate
  medicating
• Mistreatment reasonably likely to cause death,
  serious harm, or significant property loss

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Duty to report abuse

• Anyone who has a reasonable basis to believe
  abuse is occurring, or is likely to occur, has
  duty to report
• Duty applies even if info is confidential
• Only exception is info from solicitor-client
  relationship

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Reporting suspected abuse

• If pts life in danger, first take steps to
  ensure safety
• Call PPC office for confidential reporting
  1-866-440-6366 or 788-6366

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Investigation

• 1. Inquiry
• 2. Investigation
• 3. Health facility required to take action
• 4. If necessary, referral to professional
  regulatory body for review
• Investigation must be commenced not later than 2
  yrs after alleged offence

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Penalties for offences

• Individual fines not more than 2000.00
• Corporation fines not more than 30,000
• Referral to professional regulatory bodies may
  result in more severe penalties if found guilty

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Referrals to PPC office 2001- 2003

• 1,196 complaints
• 208 formally investigated
• 138 met threshold for abuse