Physical Neglect – Denial of Essential Services
Food/nutrition
Clothing/hygiene
Shelter/utilities
Medical care/behavioral
Supervision
1. EMOTIONAL ABUSE (CPS only)
Parent/caregiver demonstrates pattern of criticizing, rejecting, insulting, isolating, terrorizing or humiliating the child resulting in serious emotional/behavioral issues. Child is perceived in extremely negative terms.
2. EMOTIONAL NEGLECT (CPS only)
Parent/caregivers pattern of failure to seek emergency mental health services for children who have suicidal, homicidal or severe self harming behaviors.
Parent’s active, untreated and uncontrolled serious mental illness which prevents him/her from fulfilling parental responsibilities or when there is indication the parent may harm the child. In situations where there are allegations of abuse/neglect or bizarre parental behaviors that are likely to result in harm to children, an APS intake will also be taken on the mentally ill adult.
3. NEGLECT OF MEDICALLY HANDICAPPED INFANT (CPS only)
Does the child have a life-threatening condition? What is it?
Are medical personnel recommending treatment that the parents do not want to provide?
What will happen if the child has or does not have the recommended treatment?
4. PHYSICAL ABUSE
Physical injury means damage to bodily tissue caused by non-therapeutic conduct, including, but not limited to, fractures, bruises, lacerations, internal injuries, or dislocations, and includes, but is not limited to, physical pain, illness, or impairment of physical function.
Neb. Rev. Stat. § 28-363 (For APS, Entered into the information system as Physical abuse)
APS ONLY
Cruel punishment means punishment which intentionally causes physical injury to a vulnerable adult. Neb. Rev. Stat. § 28-354
Unreasonable confinement means confinement which intentionally causes physical injury to a vulnerable adult. Neb. Rev. Stat. § 28-370
Unreasonable Use of Confinement/Restraints will be added to physical abuse to include:
Physical abuse will also include the use of restraints without a physician’s order; the withholding or forcing a child/vulnerable adult to consume excess food/water/harmful substances; the parent/caregiver using confinement to a chair, bed, corner or similar environment for extended periods of time as the primary tool to modify behaviors of a vulnerable adult/child; or a parent/caregiver’s use of sadistic measures or weapons to modify behavior of a vulnerable adult or child.
5. PHYSICAL NEGLECT (CPS ONLY) or DENIAL OF ESSENTIAL SERVICES (APS ONLY)
Essential services mean those services necessary to safeguard the person or property of a vulnerable adult. Such services include, but are not limited to, sufficient and appropriate food and clothing, temperate and sanitary shelter, treatment for physical needs, and proper supervision. Neb. Rev. Stat. § 28-357
Physical injury means damage to bodily tissue caused by nontherapeutic conduct, including, but not limited to, fractures, bruises, lacerations, internal injuries, or dislocations, and includes, but is not limited to, physical pain, illness, or impairment of physical function. Neb. Rev. Stat. § 28-363
APS ONLY
Denial of essential services means that essential services are denied or neglected to such an extent that there is actual physical injury to a vulnerable adult or imminent danger of the vulnerable adult suffering physical injury or death.
Neb. Rev. Stat. § 28-355
Denial of Essential Services may be perpetrated by a caregiver or other person against the alleged victim or the Denial of Essential Services may be self-inflicted and referred to as Self-Neglect.
APS ONLY
Denial of Essential Services - Self-neglect means that as a result of an adult's inability, due to physical and/or mental impairments or diminished capacity, s/he is unable to perform essential self-care tasks which include, but are not limited to: providing essential food, clothing, shelter and medical care; obtaining goods and services necessary to maintain physical health, mental health, emotional well being and general safety, and/or managing financial affairs. (Checkmark self-neglect in N-FOCUS)
Describe how the adult is being neglected and describe the result of the neglect.
Denial of or failure to provide food or essential nutrition.
Parent/caregiver/vulnerable adult withholds or does not provide essential food in adequate amount, at regular intervals and/or of sufficient nutritional value to sustain health which results in physical injury or imminent danger of suffering physical injury or death. The result is severe physical harm to the child/vulnerable adult as evidenced by emaciation, malnutrition, dehydration, failure to thrive, weight loss.
1. What makes you think the child/vulnerable adult does not have adequate food?
2. Has the child/vulnerable adult lost weight? How much?
3. Has a doctor indicated concern about the child’s growth and development?
Denial of or failure to provide essential shelter and utilities.
Parent/caregiver/vulnerable adult failure to provide any shelter to the child/vulnerable adult or shelter is hazardous and jeopardizes physical safety for the child/vulnerable adult including but not limited to exposed wiring, inadequate heating, broken shards of glass, inadequate hearing, pest infestation, no source of water or hear, feces or rotting garbage.
The living environment has caused an actual physical injury or creates an imminent danger of suffering physical injury or death. Hoarding behavior that results in a health or safety hazard is included in this category. Hoarding behavior includes an unmanageable number of animals/pets in the residence or the presence of an unmanageable amount of possessions that create a hazard (newspapers, garbage, clothing, etc.).
Denial of or failure to provide essential clothing and hygiene.
Parent/caregiver/vulnerable adult chronically does not provide care for child/vulnerable adult’s need for physical hygiene. A chronic lack of hygiene results in continual demonstration of serious physical and/or social/emotional impact as evidenced by severe diaper rash, ulcers, bedsores, tooth decay, isolation from others, and/or humiliation, ridicule by peers. Failure to provide essential clothing includes a lack of clothes and underclothes as needed for daily living and the weather conditions that has created a physical injury or places the child/vulnerable adult in imminent danger of suffering physical injury or death. Another example is when the parent/caregiver does not provide items such as dentures, bedside commode, glasses when resources are available; resulting in weight loss or other injury
Denial of or failure to provide essential medical care and/or behavioral health care.
Parent/caregiver/vulnerable adult failure to obtain, administer and supervise medication or failure to follow a prescribed treatment plan for the child/vulnerable adult. The failure to provide or obtain medical treatment due to a religious belief is not included. This category includes intentional, inappropriate, or excessive administering of drugs including prescription and non-prescription medication. The failure to provide medical care and/or behavioral health care to the child/vulnerable adult creates a serious harm to a child/vulnerable adult. This may include a caregiver failure to seek timely and appropriate medical care for a serious health problem.
Medical Neglect:
Parent/caregiver’s pattern of refusing or failing to seek/obtain medical treatment or rehabilitative care for conditions that have potential life threatening or long term health effects, including failure to thrive. This does not include failure to seek treatment for behavioral health issues. (Examples include appropriate hydration, nutrition, medication, medical or dental care; speech or physical therapy.)
Denial of or failure to provide proper supervision.
Failure on the part of a parent/caregiver or other person to provide supervision of a child/vulnerable adult to the extent that the child/vulnerable adult has been injured or is/was in imminent danger of physical injury or death. Included in this category are allegations where a caregiver has been hospitalized or incarcerated and has not made arrangements for the care of the vulnerable adult. Other examples include leaving vulnerable adult in a car during extreme temperatures and the vulnerable adult has no way to get out.
APS ONLY
Proper Supervision means care and control of a vulnerable adult which a reasonable and prudent person would exercise under similar facts and circumstances Neb. Rev. Stat. § 28-364.
6. ABANDONMENT (CPS only)
7. SEXUAL ABUSE
Sexual Abuse means any sexually oriented act, practice, contact, or interaction in which a vulnerable adult is or has been used without his/her knowledgeable consent for the sexual stimulation of the perpetrator, the adult, or another person. Examples of sexual abuse include, but are not limited to fondling, sexual intercourse, sexual stimulation, incest, and sexual exploitation. (See Neb. Rev. Stat. Sections 28-317 to 28-321 and 28-703.)
Sexual abuse, defined. Sexual abuse shall include sexual assault as described in section 28-319 or 28-320 and incest as described in section 28-703. Neb. Rev. Stat. § 28-367
Inappropriate sexual acting out of children/vulnerable adult’s not consistent with the age AND/OR development AND parents/caregivers are not providing intervention or supervision. Sexual abuse and physical neglect allegations are both added as allegations on a report of sexual activity between children/vulnerable adults.
Sexual Exploitation:
Includes but it not limited to, any person causing, allowing, permitting, inflicting or encouraging a child/vulnerable adult to engage in voyeurism, exhibitionism, prostitution, or in the production of lewd, obscene, or pornographic photographs, films, or depiction of the child/vulnerable adult in same, when the child/adult is unable to understand or give consent as those acts as defined by state law.
Tell me about the relationship with alleged victim to alleged perpetrator
Listen for and document information about the alleged perpetrator’s current access to the alleged vulnerable adult/victim and other vulnerable adults, any reason to believe that sexual abuse is occurring to any other children/vulnerable adults, any steps being taken to prevent further contact between the alleged perpetrator and the alleged vulnerable adult/victim, any expression of fear of certain individuals or situations from the vulnerable adult,
Tell me about the impact on the alleged victim.
Listen for and document information that suggests that a medical exam took place, a sudden change in her/his sexual behavior or knowledge, that a vulnerable adult/victim having difficulty walking or sitting, experiencing genital pain or itching, engaging in compulsive masturbation and/or engaging in inappropriate sex play, or is acting out in a sexually aggressive manner?
Tell me the caregiver’s role in the incident?
Listen for and document and reason to believe there was a lack of supervision that resulted in the sexual abuse.
8. SUBSTANCE ABUSE
Is there reason to believe that substance abuse contributes to the maltreatment of the child/vulnerable adult?
If yes, additional questions.
9. DOMESTIC VIOLENCE
Situations of Domestic Violence involving parents/adults/caregiver in the household with the child/vulnerable adult physically present when physical injury has occurred OR a child/vulnerable adult has intervened or a child/vulnerable adult has called someone for help (911) OR a child/vulnerable adult is fearful OR weapons are used.
Does Family violence or Domestic Violence play a role in the maltreatment of the child/vulnerable adult?
If yes, additional questions/areas to probe:
10. DEPENDENCY (CPS only)
Is the parent unavailable or unable to care for the child due to mental illness, hospitalization, incarceration, or something similar?
Has the child’s other parent been contacted to provide care? If not, why not?
Have other relatives or neighbors been contacted to provide care?
11. EXPLOITATION (APS only)
This means the taking of property of a vulnerable adult by means of undue influence, breach of a fiduciary relationship, deception, or extortion or by any unlawful means. Neb. Rev. Stat. § 28-358
Fiduciary relationship means a legal relationship in which one person holds a position of trust with respect to another person.
Describe the signs that adult is being exploited.
Listen for and document things such as bills are not being paid and the adult has resources, unexplained charges/overpayment for goods or services, missing checks, unusual checks or missing money, unexplained decreases in bank accounts, missing jewelry, art, silverware,
Describe any changes in the alleged victim.
Listen for and document items such as frequent or unexplained changes in power of attorney, wills or other legal documents, changes in the spending habits of the adult, or changes in level of activity of withdrawals from automated banking machines, or signed checks when the adult can’t write anymore.
(03-2010)
NFOAPW11