Sample Zero Tolerance of Abuse and Neglect

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Fanshawe College *

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6040

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Communications

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Feb 20, 2024

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Sample Zero Tolerance of Abuse and Neglect Home is committed to providing the highest level of quality care, which encompasses the dignity, respect and rights of its residents. It is the policy of Metcalfe Gardens to promote zero tolerance of abuse and neglect of residents abuse and neglect of residents will not be tolerated. A resident will be free from abuse or neglect by staff, volunteers, visitors and other residents. This zero tolerance for abuse and neglect policy will be strictly enforced in accordance with the Retirement Home Act (RHA) 2010 “Every licensee (operator) of a retirement home shall protect residents from abuse and neglect by anyone (Section 67(1). The Home will respond promptly and appropriately to all cases if suspected, alleged or witnessed abuse or neglect of residents by providing a clear and accessible system for identifying, reporting, investigating and handling possible incidents of resident abuse or neglect. The process to be followed is “Resident focused” in that the resident will direct the intervention as much as possible. The following will be addressed (RHA O. Reg. Sec 15 (1-3)): A. RESIDENT ABUSE AND NEGLECT DEFINITIONS - What constitutes resident abuse and neglect (RHA O. Reg. Sec. 15 (1)) a. Situations that may lead to abuse and neglect (RHA O. Reg. Sec. 15 (1b)) b. Power Imbalances (RHA O. Reg. Sec. 15 (1a)) B. MEASURES AND STRATEGIES FOR THE PREVENTION OF ABUSE & NEGLECT (RHA O. Reg. Sec. 15 (3c)) C. INVESTIGATING AND RESPONDING TO ALLEGED / SUSPECTED ABUSE (RHA O. Reg. Sec 15 (2)) a. Assisting and supporting residents who have been abused/neglected or allegedly. (RHA O. Reg. Sec 15 (3a)) b. Dealing with persons who have abused/neglected or allegedly. (RHA O. Reg. Sec 15 (3b)) c. Reporting to substitute decision makers, police force, analysis of investigation (RHA O. Reg. Sec 15 (3d-3g) D. REPORTING PROCEDURES AND MANDATORY REPORTING OBLIGATIONS UNDER THE RHA A. RESIDENT ABUSE AND NEGLECT DEFINITIONS PURPOSE To clearly identify to all employees the definition of resident abuse and neglect, which serve as the foundation of the residence’s zero tolerance policy, and to set out expectations for employee standard of conduct in all interactions with residents. The zero-tolerance policy will be enforced, including mandatory reporting obligations as per the RHA, 2010. The Home has a zero-tolerance policy with respect to abuse of any kind including physical, sexual, emotional, verbal, financial, and neglect, from any person (e.g. staff to resident, family
Sample members/visitors/volunteers/resident to resident/staff, contracted staff, agency staff, paid companions (paid by resident, family member or SDM). All staff members are required to report any suspicious, incidents or allegations of neglect and/or abuse immediately to their supervisor / designate for further investigation and follow the mandatory reporting obligations as per the RHA. All staff members are required to read and understand the Zero tolerance of Abuse and Neglect policy, as well as undergo training on _____________orientation and annually thereafter. All volunteers are required to read and understand the Zero Tolerance of Abuse and Neglect policy, as well as undergo training upon orientation. DEFINITIONS “Abuse”, in relation to a resident, means physical abuse, sexual abuse, emotional abuse, verbal abuse or financial abuse, as may be defined in the regulations in each case; (“mauvais traitement”) For the purposes of the definition of “abuse” in subsection 2(1) of the Act: “Emotional abuse” means , (a) any threatening, insulting, intimidating or humiliating gestures, actions, behavior or remarks, including imposed social isolation, shunning, ignoring, lack of acknowledgement or infantilization that are performed by anyone other than a resident, or (b) any threatening or intimidating gestures, actions, behavior or remarks by a resident that causes alarm or fear to another resident where the resident performing the gestures, actions, behavior or remarks understands and appreciates their consequences; (“mauvais traitement d’ordre affectif”) “Financial abuse” means, any misappropriation or misuse of a resident’s money or property; (“exploitation financière”) “Physical abuse ” means, (a) the use of physical force by anyone other than a resident that causes physical injury or pain, (b) administering or withholding a drug for an inappropriate purpose, or (c) the use of physical force by a resident that causes physical injury to another resident; (“mauvais traitement d’ordre physique”) For the purposes of the definition of “physical abuse” does not include the use of force that is appropriate to the provision of care or assisting a resident with activities of daily living, unless the force used is excessive in the circumstances.
Sample “Sexual abuse” means, a) any consensual or non-consensual touching, behavior or remarks of a sexual nature or sexual exploitation that is directed towards a resident by a licensee or staff member, or b) any non-consensual touching, behavior or remarks of a sexual nature or sexual exploitation directed towards a resident by a person other than a licensee or staff member; (“mauvais traitement d’ordre sexual”) For the purposes of the definition of “sexual abuse”, abuse does not include, a) touching, behavior or remarks of a clinical nature that are appropriate to the provision of care or assisting a resident with activities of daily living; or b) consensual touching, behavior or remarks of a sexual nature between a resident and a licensee or staff member that is in the course of a sexual relationship that began before the resident commenced residency in the retirement home or before the licensee or staff member became a licensee or staff member. “Verbal abuse” means, a) any form of verbal communication of a threatening or intimidating nature or any form of verbal communication of a belittling or degrading nature which diminishes a resident’s sense of well - being, dignity or self-worth, that is made by anyone other than a resident, or b) any form of verbal communication of a threatening or intimidating nature made by a resident that leads another resident to fear for his or her safety where the resident making the communication understands and appreciates its consequences. (“mauvais traitement d’ordre verbal”) “Neglect” means , In relation to residents, the failure to provide a resident with the care and assistance required for his or her health, safety or well-being and includes inaction or a pattern of inaction that jeopardizes the health or safety of one or more residents. Such behaviours or remarks include, but are not limited to any form of: a) not answering the call bell or requests for assistance b) intentional and repeated failure or refusal to provide care as set out in the resident care plan or care for the existing condition of the resident c) withholding food, medication, fluids and health services d) failure to provide access to physician, or services required for existing condition.
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Sample “Power Imbalances” - As per RHA O. Reg. Sec 15 (1a) Staff and resident relationship is of unequal power. The staff has more authority and the ability to advocate for the resident. The resident is dependent on the staff and has less ability to control situations, and so is at a disadvantage. There is the potential for abuse and neglect by those in a position of trust, power and responsibility for resident care. A misuse of power is considered abuse. It is important for staff to recognize the potential for resident to feel intimidated within this power imbalances and how this may lead to abuse and / or neglect. In order to facilitate the proper use of power, the staff shall create a therapeutic and trusting relationship while maintaining boundaries. The appropriate use of power between staff and residents ensure the resident’s needs are foremost and their vulnerability is protected. In order to maintain trusting, respectful and professional staff-resident relationships, the staff must be cognizant of what crossing the boundary of appropriate to inappropriate uses of power. Some examples include: Giving and receiving gifts. A gift has potential to change nature of a relationship. Staff need to consider carefully the implications of giving or receiving any gift, including its value, intent and appropriateness. Any significant gift should be returned or redirected. Hugging or touching: Staff are to assess each situation and determine what supportive touch would be welcome. Be aware of the resident’s perception of the meaning of the touch . Dual roles: It is unacceptable for staff to engage in a friendship, romantic or sexual relationship. Important to maintain professionalism if there is an existing staff-resident relationship. Self-disclosure: O ccurs when staff shares personal information. This may be used in moderations as long as it focuses on the needs of the resident (therapeutic intent of reassuring, building rapport, etc.). Disclosing personal information that is lengthy, self- serving or intimate is not acceptable. Resident Neglect means the failure to provide a resident with the care and assistance required for his or her health, safety or wellbeing and includes inaction or a pattern of inaction that jeopardizes the health and safety of one or more residents. Rights and Responsibilities : Residents at the Home have the right to be treated with dignity and respect, and to be protected from abuse and neglect. Everyone (including residents, family members, substitute decision makes, staff, volunteers and visitors) have an obligation to: Maintain a safe environment in the home Treat others with respect and dignity Participate in planning intervention and prevention of abuse and neglect
Sample Report alleged, suspected or witnessed incidents of abuse and neglect All staff also have the responsibility to ensure that their action respect professional codes of conduct and: acknowledge the potential risk of abuse and neglect of residents comply with established policies and procedures related to resident abuse and neglect ensure that other staff, residents, SDMs. family members and visitors are aware of their rights and responsibilities in relation to abuse make abuse prevention policies accessible to staff, residents, SDM's families and visitors act promptly in situations of alleged, suspected or witnessed abuse or neglect of a resident promote both residents' rights and responsibilities and residents' active participation in their own personal care and in any decisions concerning them to the extent that they are able foster good communication within the home. Program for Preventing Abuse and Neglect The Home has established and maintains a program for preventing abuse and neglect of residents. The Prevention Program includes the measures and strategies to prevent abuse and neglect outline below: Information Communication and Advocacy The General Manager will promote and enforce this policy by: A. Promoting and maintaining our Resident's Bill of Rights B. Providing information to residents. SDM's, family members, visitors, staff and volunteer on abuse and abuse prevention, including policies and interventions related to abuse C. Providing information that explains the home's Complaints Procedure D. Creating a supportive and respectful environment for all residents that is free from abuse and neglect. Residents are to be given the opportunity to maintain some control over their lives and to meet their own needs as best they can by encouraging them to : make decisions whenever possible address their individuality speak for themselves care for themselves maintain a sense of purpose E. Encouraging family involvement in the lives of the residents such as providing support in decision- making as necessary F. Encourage active participation of Resident Meetings in the activities of the home G. Promoting advocacy for residents
Sample H . Providing information on community resources available to residents and families if they need help I. Treating every allegation of abuse and neglect as a serious matter by: conducting an investigation reporting to appropriate authorities taking corrective action ( including sanctions or penalties against those who have committed abuse or neglect against a resident ) J. Making every effort to eliminate abuse and neglect through quality and risk management activities K. Promoting open communication in the home L. Communicating and liaising with community and local law enforcement agencies on abuse prevention, and where appropriate inviting them to the home to educate staff, volunteers, residents, SDM's and families. Staff and Volunteers The Homes hiring practices and staff education will also form part of the Prevention Program. The General Manager will: A. Screen applicants by presenting hypothetical scenarios of abuse or neglect during and interview to which ne/she must describe an appropriate response. Screening should also include the applicant's ability to handle potentially stressful situations B. Complete required screening measures, including a police background check, before hiring staff and accepting volunteers to work in the home.
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Sample C. Obtain proof of applicable licensing for regulated health professionals hired to work at The Home and confirm their good standing with their health professions (College of Nurses, Pharmacists etc) D. Complete reference checks regarding previous employment prior to hiring staff E. Provide orientation to all new staff members and volunteers on abuse prevention, policies on abuse and neglect, and working with residents with cognitive impairments F. Conduct a performance appraisal to include review of the staff's coping skill and attitude. Look for any behavioral indicators that may indicate that a staff member is not suitable to work with vulnerable adults. G. Train and retrain all staff of The Home at least annually, on topics including but not limited to: the Residents' Bill of Rights this policy to promote zero tolerance of abuse and neglect of residents the relationship between power imbalance between staff and residents and the potential for abuse and neglect by those in a position of trust, power and responsibility for resident care issues related to the aging process and behavioral responses, unstable emotions and disorientation of vulnerable adults situations that may lead to abuse and neglect and how to avoid such situation coping skills for the workplace steps to take when abuse or neglect of a resident is suspected, alleged or witnessed the procedure for a person to complain to the home about the operation of The Home and the way in which The Homes are required to deal with complaints Reporting Resident Abuse and Neglect Any person who has reasonable grounds to suspect that any of the following has occurred or may occur must immediately report that suspicion and the information upon which the suspicion is based to the RHRA. improper or incompetent treatment or care of a resident that resulted in harm or a risk of harm to the resident Abuse of a resident by anyone, or neglect of a resident by the Owner or the Home, or The Home staff, resulted in harm or a risk of harm to the resident
Sample Unlawful conduct that resulted in harm or a risk of harm to a resident misuse or misappropriation of a resident's money A person who fails to make a mandatory report is guilty of an offence. A staff member who fails to make a mandatory report will be disciplined, up to and including termination of employment. A resident is not required to make mandatory reports to the Registrar or General Manager, but may do so. The Home encourages residents and families to make their complaints know to the General Manager of the home. Reporting Process If there is alleged, suspected or witnessed abuse or neglect of a resident: Staff, Volunteer, Family : they must as a primary step, ensure that the resident is safe and receives necessary medical care/support. If possible, move the person to a safe place. Seek assistance if the person finds themselves in the position of having to fulfill the responsibility to report the incident against the resident's wishes Immediately seek out/call the General Manager or the home in order to report the incident, once the resident is physically safe. If the General Manager is not available then report to the Designate. In the case where the General Manager is implicated in the abusive situation report directly to the Owner of the Company insert phone number in the case where the Owner is implicated in the abusive situation report directly to the RHRA - number posted on the wall outside the medical room RHRA number 1 855 275 7472 The Staff, Family Member, Volunteer will report to the General Manager or designate immediately or as soon as it is safe to do so. Upon receiving a verbal report of abuse or neglect, the General Manager or designate will will move Resident involved (if it is safe to do so) to a safe place from further harm record the details of the incident and ensure that all details are clearly stated in the Nurses Notes and on the Reporting documents. Protect the rights of both the person reporting the matter and of the alleged abuser
Sample Rights of the Person Reporting file a complaint and to obtain a review of their complaint without fear of embarrassment or reprisal assurance that their written complaint or complaint documents will be excluded from their personnel file be kept informed throughout the investigation process as reasonable in the circumstances Rights of the Accused Be informed immediately that a report has been files Receive written statement of allegations, if appropriate Be provided an opportunity to respond to the allegations Be represented and accompanied as per any collective agreement during interviews related to the complaint Receive fair treatment and be free from harassment and discrimination The General Manager or designate will notify their Owner of the reported incident of resident abuse or neglect. The General Manager will notify the resident's SDM or any person specified by the resident in accordance with the following: IMMEDIATE notification upon Name of Home aware of an alleged, suspected or witnessed incident of abuse or neglect of a resident that has resulted in a physical injury or pain to a resident or that causes distress to a resident that could potentially be detrimental to a Resident's health or well-being Notification within 12 hours upon Name of Home becoming aware of any other alleged, suspected or witnessed incident of abuse or neglect of a resident If the Resident is competent and there is no injury and they wish their family or SDM not be notified they do have that right. The General Manager or designate will notify outside authorities if necessary, to do so. For example, the appropriate police force will be contacted immediately in cases where the alleged, suspected or witnessed abuse or neglect may constitute a criminal offence ( e.g. physical assault, sexual assault, fraud, theft)
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Sample Police may also be contacted if: there is the need to have someone removed from the premises a person is making threatening acts or gestures that may pose an imminent risk of harm a resident or SDM requests notification of police The General Manager or Designate of Name of Home will: Notify the RHRA immediately or as soon as possible 1 855 275 7472 . Refer to the Mandatory Reporting Obligations Guideline Complete Critical Incident Analysis (forms in back of this binder) Whistle Blowing Protection Under S. 115 of the RHA The Retirement Home Act, 2010 offer protection against retaliation to any person who discloses information to an inspector or to the Registrar of the RHRA, or who gives evidence in legal proceedings. This protection is known as the “whistle - blowing” protection. The whistle-blowing protection requires that Name of Home and its staff will not retaliate against any person, whether by action or omission, or threaten to do so because anything has been disclosed to an inspector, the Registrar. Name of Home or its’ staff, wi ll not do anything that discourages, is aimed at discouraging or that has the effect of discouraging a person from making a report or disclosure to an inspector to the Registrar. Upon becoming aware of an alleged, suspected or witnessed incident of abuse or neglect of a resident, the home will immediately commence an investigation. The investigation will be undertaken by Name of Home Executive Director or designate. For the purposes of the whistle- blowing protection, “retaliation” includes, but is not limit ed to, disciplining or dismissing a staff member, evicting a resident from Name of Home, subjecting a resident to discriminatory treatment, imposing a penalty upon any person, or intimidating, coercing or harassing any person. A resident shall not be evicted from Name of Home, threatened with eviction, or in any way be subjected to discriminatory treatment (e.g. any change or discontinuation of any service to or care of a resident or the threat of any such change or discontinuation) because of anything mentioned above. Further, no family member of a resident, substitute decision-maker of a resident, or person of importance to a resident shall be threatened with the possibility of any of those being done to the resident.
Sample Procedure for the Investigation Requesting a full medical examination of the resident and a medical report in the case of physical abuse. Photographs may be taken of physical indicators, such as bruising, with the resident's consent Informing the alleged abuser of allegations as soon as possible and when appropriate Ensuring that the alleged abuser, whoever it is, has no further contact with the Resident involved, or is allowed only supervised contact with the resident during the course of the investigation if appropriate Identifying all those individuals involved, or with information pertaining to the alleged incident, while maintaining confidentiality to the extent possible Arranging for one manager and one staff member or if possible two managers to be present during interviews, one to conduct the interview and one to record Interviewing the complainant, the alleged abuser (when appropriate) and all witnesses with respect to the alleged incident. All witnesses will be interviewed individually. All witnesses will be required to complete a Witness Report ( forms at the back of this binder) Mandatory reporting forms in back of this binder Whenever possible, interviewing the resident to get complete details of the incident. Interviews of residents will be conducted by the General Manager or designate. Residents will be informed of their right to have an advocate or another person or their choosing to accompany them while the interview is going on. If the resident is unable to communicate, the person who reported the abuse or neglect will be interviewed to assess injury and to determine the extent and frequency of the abuse or neglect along with its impact on the resident. If the resident is not able to complete the Witness Report form or Critical Incident Analysis - (forms back of this binder), the General Manager or designate will record any statements the resident makes, read it back to the resident to confirm accuracy and sign on the resident's behalf confirming that what was read back to them is correct and sign on the resident's behalf confirming that what was written back to them is correct and the accuracy of the information. Thoroughly and accurately documenting all pertinent facts of the resident's direct injuries or symptoms if any on the resident chart - the names of anyone involved in the suspected abuse or neglect, or any details of the investigation, are not included in the resident's chart. INVESTIGATION PROCEDURES Thoroughly and accurately documenting any information obtained as a result of the investigation, be it verbal or written, indicating time and date, and keeping it in a secure file specific to the incident being investigated. Avoid opinions and speculation. Time the sequence of events when taking statements. Securely locking all evidence collected for safekeeping
Sample Notifying the resident and the resident's substitute decision-makers (if any) of the results of the investigation immediately upon the completion of the investigation In cases where the alleged abuser is exonerated, providing a letter to the individual and keeping a copy of the letter with the investigation file. CONSEQUENCES/INTERVENTIONS FOR ABUSERS Staff, Volunteer or Service Provider If a staff member is alleged to have committed the abusive or neglectful act, the General Manager or designate and the staff member's immediate supervisor will collaborate with the Owner and employee relations to determine the next steps to be taken including whether the incident warrants immediate suspension of the staff member in question pending completion of the investigation. In cases involving staff, volunteer or outside service providers, the General Manager, after evaluating the incident, will consult with the Owner or designate and determine the most appropriate ways to deal with the accused abuser, including removal from the home and or immediate notification of the allegations to the educational institution All employees within a bargaining unit will be entitled to union representation throughout the investigation process. When appropriate, professional associations or regulatory colleges will be contacted. If the allegations of abuse and neglect are substantiated by the investigation, the General Manager or designate with Owner or designate with respect to discipline. This may involve coaching counseling mandatory re-training in abuse prevention verbal or written disciplinary warning suspension without pay dismissal/termination of services Police intervention and criminal charges Family Member/SDM/Friend The General Manager or designate, after evaluation the alleged incident, will consult with the Owner or designate to determine the most appropriate way to deal with the accused abuser, including temporary or permanent removal from The Home and/or visiting restrictions imposed
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Sample If the allegations of abuse and neglect are substantiated by the investigation, consequence for the abuser may include: informing them that, regardless of whether the abuse occurs inside or outside the Home , further violations will not be tolerated. Obtaining a court order to bar the person from visiting, if necessary contacting the Public Guardian and Trustee's Office Police intervention and criminal charges Resident If a resident is alleged to have committed the abusive act, it will be recognized that: Resident aggression is generally a symptom of the need for care or fear a Resident may not be competent or capable of distinguishing right from wrong staff are entitled to self-preservation and are not expected to put themselves in harms way The response to resident-to-resident abuse will depend upon the cognitive ability of the residents involved. Procedures will be adapted to meet the needs of the residents involved and, at the same time, recognize the limits of intervention for those residents who are cognitively impaired. Role and Responsibility of the General Manager or Designate a) Assess behaviour and attempt to determine reason/triggers for behaviour b) Assess alternatives for nursing intervention and communicate procedures to all appropriate staff c) Access support and guidance of staff who have received psychogeriatric training d) Resident behaviour mapping may be initiated in order to plan strategies to manage and prevent further incidents e) Notify attending Medical Provider or resident's action and evaluate the need for medical interventions, including a psychiatric assessment f) Fully document the incident on the Resident's chart and in the communication book g) complete an incident report ( forms in back of this binder)
Sample ROLE AND RESPONSIBILITY OF THE CHARGE PERSON Ensure that the resident’s tendency to aggression is identified on the Resident Care Plan and the corrective action identified includes nursing and medical intervention to be implemented. Keep the General Manager informed of the situation Ensure that the resident’s SDM is kept informed of the incident and what corrective interventions have been implemented Consider mandatory training in abuse prevention for residents without cognitive impairments Follow-up on effectiveness of planned interventions If necessary, proceed with transfer/discharge from the home. PROCEDURES AND INTERVENTIONS TO ASSIST RESIDENTS: The Home has established procedures and interventions to assist residents that have been abused or neglected, or allegedly abused or neglected. These include the following: Ensuring that the resident is safe from further abuse or neglect and receives necessary medical care and/or support. Notifying a resident’s SDM ( if any) and any other person specified by the resident of the alleged incident Notifying the appropriate police force immediately of any incident of abuse or neglect that may constitute a criminal offence Providing information and assistance to the resident, the resident’s SDM, and any other perso n specified by the resident with respect to contacting community resources Notifying the RHRA ANALYSIS OF INCIDENTS: When analyzing incidents, The Home will: Under take an analysis of every incident of abuse or neglect of a resident at the home promptly after the home becomes aware of it. Conduct an evaluation at least annually to determine the effectiveness of the Policy and what changes and improvements are required to prevent further occurrences of abuse and neglect of residents Consider the results of the analysis in the evaluation of the Policy Implement the changes and improvements to the Policy promptly
Sample Ensure that a written record of everything provided for in the evaluation and any changes and improvements, as well as the date of the evaluation, the names of the persons who participated in the evaluation and the date that the changes and improvements were implemented is promptly prepared. Include a copy of the Analysis Report of Incident with the Incident Report when sending to RHRA Resident to Resident Abuse, Resident to Staff Abuse, Staff to Staff Abuse, Volunteer to Resident Abuse, Volunteer to Staff Abuse, Volunteer to Volunteer Abuse, Family to Resident Abuse, Family to Staff Abuse. Any physical behaviour issues that could be taken as aggressive behaviour, e.g. hitting out at anyone, being verbally abusive etc, should be death with as follows: If another staff member is in the area ask for assistance. If staff member is by themselves then if able to separate Residents safely then do so, if not then call 911 for police assistance If in a public place and you can safely do so, remove the aggressive resident from the public area to a safe spot. If you cannot, remove the other residents, visitors and volunteers to a safe area If you are able, try to calm the situation down by talking to the aggressor Call the General Manager or Designate If unable to reach the above then call the Owner If unable to calm down the aggressor have yourself or another person call 911 and state that you have an aggressive person who is being aggressive to another person, you are unable to control them and need assistance ASAP When you are able call both POA’s SDM, Family to make them aware of the situation. If you are unable to have another staff member make the call or have the General Manager or Designate make the call when they arrive. If you have reached the General Manager and they are on their way in, they will do an investigation on their arrival As soon as possible write down everything that has happened in a professional and detailed manner (if resident to resident then on both charts) and complete an Incident Report. Use a separate sheet to make any additional notes Give a copy of your report to the General Manager and put the original incident report in the aggressor’s binder and a copy in the victim resident’s binder if it is resident to resident, oth er wise, give report to General Manager or Designate If there aren’t any apparent injuries to the victim then th e Police do not need to be called unless the victim/aggressor has requested it. If Police are called chart on all forms and resident’s charts an d that it was requested and by which party involved. If the Police feel it necessary, they will leave a report of the incident with
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Sample the staff or . Police might ask General Manager for a copy of the staff that is working report as well, a copy is then given to Police If General Manager is there then the Police report will be handed directly to the General Manager and if they are not there put Police report in a sealed envelope and place in General Manager’s mail box. Document in the Daily communication book for all staff to read. Make sure the incident is passed onto the next shift at report, and that it is passed onto every shift after at report. General Manager or Designate Responsibility When the General Manager or Designate gets the call regarding that there has been an incident of any kind of abuse, if able they will go to The Home . If unable to go they will direct the staff what to do by phone and check in frequently with the staff . The General Manager or Designate will direct staff to call Owner to make him aware of the incident if that is necessary. The General Manager or Designate will ask the staff member making the call if there is any physical injury to either person involved . If so then they will direct the staff if needed to call an ambulance ( 911) to have the victim checked out at the hospital. If no physical injury then General Manager or Designate will ask the staff member to separate the people involved so that they area all safe. General Manager or Designate will ask staff to call both POA’s of the people involved. On arrival at The Home, General Manager or Designate will get a verbal report from the staff regarding the incident and will check on each victim, to make sure that they are ok General Manager or Designate will talk with each Victim and write up a report General Manager or Designate will talk with the POA’s, SDM or Family Members and make the Owner aware ( if necessary) of what is the result of the incident General Manager, Designate or Owner will notify the RHRA if necessary.
Sample Resident Abuse / Neglect Indicator Table As per RHA O. Reg. Sec 15 (1b): FORMS OF EMOTIONAL ABUSE INDICATORS Manipulation Intimidation through sarcasm, threats, yelling or insults Dehumanisation, ridicule or humiliation Teasing, taunting, belittling, name calling or degrading Non-verbal abuse/silence Provoking fear, intimidation or retaliation Verbal abuse - shouting, yelling, scolding Imposed social isolation from friends/family Withholding of companionship and love Lack of privacy Removal of decision-making process/power Infantilization threats of abandonment, ignoring, isolating, denying participation in discussions in respect to their own life Institutionalisation, physical abuse, withdrawal of love Ignoring elderly person, or a request for assistance Terrorizing or threatening Appears shamed Low self-esteem Agitation Difficulty sleeping Withdrawn, passive Fearful interaction with a person, "what are you going to do to me?" Invalid guilt Tearfulness Excluded from family gatherings, not permitted to have friends visit, to go to church, denied access to grandchildren Embarrassment Loss of self determination Infantilization, ribbons in hair, toys, "baby talk" Depressed, hopeless, helpless VERBAL ABUSE INDICATORS Intimidation/threats Humiliation Ridicule Name Calling Harassing phone calls Habitual blaming Arguments between resident and another person Changes in personality/behaviours Witnessing arguments between person and resident Low self esteem Agitation tearfulness
Sample PHYSICAL ABUSE INDICATORS Assault, beating, cutting, burning, forced feeding, hitting, slapping, pinching, punching, pushing, pulling hair, shaking, shoving Inappropriate use of drugs Restraints Confinement Any physical pain or injury Punishment which results in physical harm Body or head injury Unexplained bruises, welts, lacerations, swelling, fractures Signs of being restrained Rope/grip-marks Internal injuries Immobility Broken eyeglasses SEXUAL ABUSE INDICATORS Physical sex acts Rape Showing pornographic material Forcing the elder person to watch sex acts Forcing the elder person to undress Intercourse without consent Bruises around breasts/genitals Unexplained venereal disease/genital infections Unexplained vaginal or anal bleeding Torn, stained, or bloody underclothing
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Sample FINANCIAL ABUSE INDICATORS Misuse of personal cheques, credit cards Steal cash, income cheques or household goods Forge signature/identify theft Phony charities, fraud, extortion Missing Jewelry Inequitable distribution of health care resources Coercion Resource abuse Withholding pensions/insurance cheque Misuse of Power of Attorney Failure to move residents to long term care for financial gain Under-diagnosis/under-treatment “Borrowing” a resident’s personal items and removing it from their person / place of residence Inappropriate hospital discharge Inappropriate transfer within institution Nursing attitudes lack of understanding, custodial, paternalism Inadequate community supports Overcharged for home repairs, funerals "Con artists" Illegal use of elder's possessions/property/ investments for profit/ personal gain Abuser supports own drug/alcohol dependency Forced to sign over control/power of attorney Forced to change will, sell house Used as baby sitter/housekeeper No money for food/clothes Inadequate living environment Unable to afford social activities, travel Disappearance of elder's possessions in institutions Sudden inability to pay bills Sudden withdrawal of money from accounts Open mail without permission
Sample NEGLECT OF A RESIDENT INDICATORS Neglect comes in two forms: Active: Intentional failure Passive: Unintentional failure (due to lack of knowledge, skill, illness) Withholding or inadequate provision of physical requirements such as food, housing, medicine, physical aids Inadequate supervision/safety precautions Over/under medications Denying access to services Inadequate hygiene, personal care Inadequate clothing Under medicated Sensory deprivation Lack of safety precautions Lack of supervision Withholding medical services/treatment Unjustified use of restraints Abandonment Weight loss, malnourished, emaciated, no dentures, dehydration, mouth sores, confusion Impaired skin integrity, decubitus ulcers, rashes, urine burns, soiled linen, unkempt appearance Clothes in poor repair Over sedation reduced physical/mental activity CNS depression Reduced/absent therapeutic response No glasses, hearing aid Dangerous environment Unattended, tied to chair/bed Not taken to doctor/dentist/therapist Muscle contractions, immobility, weakness Deserted Institutionalized Untreated physical problems Unsanitary living conditions
Sample B. PREVENTION OF ELDER ABUSE / NEGLECT As per the RHA O. Reg. Section 15 (1a & 1b) and Retirement Residence policy, Name of Home has established and maintained a program for preventing abuse and neglect of residents (the “Program”). The Program includes training and retraining for all staff of the Residence. At least annually, our staff will receive training on topics including but not limited to: a) The Residents’ Bill of Rights; b) The policy to promote zero tolerance of abuse and neglect or residents; c) The relationship between power imbalances between staff and residents and the potential for abuse and neglect by those in a position of trust, power and responsibility for resident care; d) Situations that may lead to abuse and neglect and how to avoid such situations; and e) The procedure for a person to complain to the Operator about the operation of the Residence and the way in which the Operator is to deal with complaints. f) Measures and strategies to prevent abuse and neglect Procedures: The most effective ways for a residence to promote long-range prevention of resident abuse and neglect is through 1) Proper Employee Selection; 2) Staff/Volunteer Education; 3) Resident Education; 4) Appropriate Staffing for Level of Resident Care 1) PROPER EMPLOYEE SELECTION HIRING PRACTICES: Name of Home will develop a comprehensive hiring policy, which includes recruitment and selection practices aimed at finding the best-suited and most qualified candidate for the job. Name of Home will develop policies and programs to educate staff and volunteers on the prevention of resident abuse/neglect, at the time of initial orientation and at annual in-services thereafter. Name of Home will utilize effective interviewing techniques and conduct the appropriate reference checks to assist in verifying the authenticity of qualifications and skills being presented by a person being hired. The following areas should be included, but not limited to: Criminal reference checks 2-types; criminal and local Verify status and obtain proof of applicable licensing for any registered health professional hired directly by the residence (e.g. RN, In-House Physician) Pre-employment reference checks
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Sample Ensure that any outside agency staff is required to have proper reference checks and training from the agency in which they are employed. Develop a comprehensive list of interview questions. Consider using a Behavioural / Situational Interview model which can be helpful in recruiting the person best suited to working in an environment dealing with a vulnerable population. Loo k for any behavioural indicators (e.g. demeanour, attitude) during the employee’s probationary review that may indicate that employee not suitable to work with older persons Conduct on-going performance appraisals, in addition to reviewing job tasks, coping skills and attitude of the employee Name of Home will ensure volunteers also submit to a criminal reference check prior to starting their service. The volunteer should not start their duties until proof of a satisfactory criminal reference check has been obtained. 2) STAFF EDUCATION Name of Home will clearly communicate that abuse (emotional, financial, physical, sexual, and verbal) and/or neglect (active and inactive) of any resident by staff and/or volunteers will not be tolerated. Orientation All new staff and volunteers will receive resident abuse and neglect prevention training as part of their initial hiring orientation and the mandatory reporting obligations as per the RHA. Staff Orientation Checklist : The following are included in the staff and volunteer orientation checklist: Corporate / ORCA Philosophy on Resident Abuse (includes Code of Ethics) What constitutes abuse and neglect Zero tolerance for abuse Whistle blowing protection Identifying possible indicators of abuse and neglect Mandatory Reporting Obligations under the RHA Duties and obligation of the employee / volunteer to monitor for resident abuse/neglect and to report any witnessed or suspected resident abuse/neglect Identify who to report witnessed or suspect resident abuse/neglect to in different situations. Provide the “Staff Mandatory Reporting Obligations Information hand out” – RC 6.6.1 Mandatory Reporting Obligations Mandatory Reporting Obligations Training on the relationship between power imbalances between staff and residents and the potential for abuse and neglect by those in a position of trust, power and responsibility for resident Care
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Sample Ongoing Education and Annual In-Services: Hampton Court is responsible for providing ongoing educational opportunities on resident abuse prevention and awareness to staff and volunteers (e.g. workshops, in-services, ORCA Learning Centre, guest speakers, videos, books, periodicals). An annual in-service should address: Name of Home’s policies and procedures on prevention of abuse and neglect. The serious nature of abuse and neglect and the associated legal and ethical implications. That monitoring for mistreatment of residents is an integral part of everyone’s job and that under no circumstance is resident abuse tolerated What constitutes abuse/neglect and how to recognize possible signs of abuse/neglect The duty to immediately disclose misconduct of others (other staff, volunteers, family members, visitors, other residents); must provide accurate information and to explain suspicious circumstances Procedure for reporting witnessed or suspected abuse (internally) Mandatory Reporting Obligations to the Registrar of the RHRA (Refer to “Mandatory Reporting Obligations Hand Out Form RC 6.6.1 Mandatory Reporting Obligations Discuss resident treatment approach / understanding the rights of residents Addressing potential barriers to staff recognition of resident abuse Stress management Name of Home will compile for its management a community a resource listing of key agencies and organizations that can provide assistance in responding to situations beyond their ability. 3) RESIDENT EDUCATION: Name of Home will also develop education programs for residents and provide information as per the RHA in the Residents Handbook: What constitutes abuse/neglect What their rights/obligations are as a tenant (Rights under Residential Tenancies Act, Advocacy Centre for the Elderly & Community Legal Education Ontario information/publications) Location of: o Bill of Rights as per the RHA o Complaints Procedure Mandatory Reporting Requirements as per the RHA and poster location Local Organizations that offer help
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Sample 4) APPROPRIATE STAFFING LEVELS: Name of Home will ensure that there is a system in place to determine that staffing patterns for each department are developed to meet the changing needs of the resident population. C. INVESTIGATION AND RESPONDING TO ALLEGED/SUSPECTED ABUSE As per the RHA O. Reg. 15 (2). Staff who suspect abuse/neglect should review the indicators to help them determine whether or not the action or inaction is abuse/neglect (See Resident Abuse Possible Indicator Table). It’s important to note that the “Possible Indicators” are meant only as a guideline; personal discretion or “gut instinct” should be exercised. Reasonably suspected abuse/neglect must be reported immediately to th General Manager (or alternate authorities depending on the circumstances). Medical conditions (e.g. dementia) should be considered as part of the indicator checklist. PURPOSE To outline standard process to be used during witness of abuse / neglect and/or on receiving a report of an allegation or suspicion; the reporting process includes: immediate response for the safety for all persons immediate care to the resident(s) that is individual, respectful, culturally sensitive and ethical in a therapeutic environment; accurate and timely reporting and documentation follow-up action plans and analysis which foster resident, visitor and staff safety Name of Home has an obligation to provide a safe environment for residents and staff. In the event of an incident or allegation of abuse, there is a responsibility and accountability to report and investigate to the applicable authorities (police and regulatory as applicable) and the corporation for reputational risk measures. Intake/Documentation by the Designated Residence Authority: The General Manager is responsible for implementing a closed-door reporting policy to help maintain resident confidentiality, except in extenuating circumstances that warrant alternate reporting action. For any report of witnessed or suspected abuse/neglect the Executive Director or designate must document the details of the situation in writing on RC 6.6.4 Resident Incident Report Form . Information should be collected from the person reporting the situation and/or the alleged victim, the alleged abuser(s), supervisors, and any witnesses.
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Sample If a resident is physically abused, Name of Home will ensure they are examined by a physician without delay and that a medical report is prepared. Assessment /Investigation Procedure: It is important to ensure that any evidence accumulated during the course of an investigative process is documented. The General Manager must use investigation to determine the validity of the alleged abuse/neglect: Prior to commencing the investigation, it is important to review the procedures under the RHA, S. 75 and your retirement homes responsibilities: o Decision Trees ( RC 6.6.2 Witnessed, Alleged or Suspected Abuse or Neglect Decision Trees (A) and (B)). o Abuse Indicators and Clarifying Questions helpful questions to assist in the investigation (RC 6.6.3 Clarifying Questions on Various Types of Abuse). Following the investigation, as per 15 (e), the resident’s substitute decision makers, if any, are notified of the results of an investigation described in clause 67 (5) (e) of the Act immediately upon the completion of the investigation. What to do if the police are contacted As per RHA O. Reg. 15 (f): Without delay, determine if a criminal or emergency situation exists. If so, contact police immediately if: o You suspect a criminal offence has occurred (Reference forms: RC 6.6.2 Witnessed, Alleged or Suspected Abuse or Neglect Decision Trees A and B) o The resident requests that the police be called o Someone is armed with a weapon, something that could be used as a weapon, or someone is threatening violence or harm to themselves or others If the alleged abuser is staff person and police have been contacted, you should only speak with the staff person to inform them that an investigation is underway and that he/she is being removed from his or her duties (e.g. suspended with pay) or at a minimum is being removed from dealing with the alleged victim until the investigation is completed If a police investigation is initiated, offer support and reassurance to the abused resident without discussing the actual facts of the case.
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Sample What to do when the police are not contacted: Interview the resident first. Be sure the resident has sound mental capacity (has the ability to understand information and appreciate the decision that needs to be made). Be sensitive to their need for privacy and safety. Interview any other witnesses to the incident. Inform the implicated employee(s)/suspected abuser about the allegation. Interview them. If necessary remove the staff member from his or her duties or from dealing with the resident suspected of being abused. Provide a witness for any interviews conducted during the investigation. Make collateral checks with appropriate others (e.g. physician, other staff). Depending on the type of information being sought, permission may need to be ascertained to allow you to discuss a residents’ situation with third parties. Support may be required. Determine whether the case should be referred to an outside source for further investigation and action (e.g. college of nurses, Advocacy Centre for the Elderly, police for surveillance support). (Permission from the resident / SDM should be ascertained prior to discussing their situation with a third party) ALL instances of alleged and/or witnessed resident abuse / neglect are to be reported immediately to a designated supervisor for further investigation. The General Manager /designate is charged with the responsibility of responding to incidents of abuse as per the RHA. Abuse investigations are confidential and any staff person violating confidentiality of the investigation is subject to discipline up to and including termination of employment. PROCEDURES FOR INTERVENTION Immediate Action Resident - As per RHA O. Reg. 3 (a) 1. A staff member who has received a report and/or has observed anyone (another staff member, volunteer, family member, visitor, contracted service provider or resident) abusing / neglecting a resident in any manner, the staff member will: a) Stop the abuse immediately - quickly assess the situation for safety; at no time should a staff member put themselves or anyone else at risk of injury by intervening to stop abuse. If there is any concern for staff safety or safety of others in the area, immediately call 911 for police assistance. b) and have another staff member stay with them. Direct / remove the abuser to a location where there are no residents. c) Ensure the resident is safe; begin assessing for injury and appropriate follow-up; provide comfort measures and support. In the event personal injury or medical condition is evident and requires immediate transport to hospital, this is to be completed first. The police are to be notified if the abuse results in injury to a resident which requires the resident to be transferred to hospital.
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Sample d) Immediately report the abuse to the General Manager or designate 2. Receipt of abuse allegation / incident : The General Manager / Designate upon receiving the report will immediately go to the situation to ensure the safety of all persons, provide required assessment and care. If required, 911 will be called to ensure the safety of the resident, staff and Home. 3. Assessment of resident immediately : A Registered Staff / Designate will complete a resident assessment including the following: a) Hospital immediately. In incidents of suspected sexual abuse, the resident is to be transported to hospital with a sexual assault program. b) If the initial assessment indicates any injuries may be managed in the home and the resident will not be transported to head to toe physical assessment identifying on a body diagram all areas of concern and injury to specific to parts of the body. c) If at any point there is concern with the residents’ physical or emotional health status transport to hospital immediately. d) The SDM will be notified immediately in the event of alleged, suspected or witnessed physical or sexual abuse. Next of kin and/or Power of Attorney and any other person specified/requested by the resident will be notified within 12 hours upon Name of Home becoming aware of any other alleged, suspected or witnessed incident of abuse or neglect of a resident. 5. Documentation to the Residents’ health file/other includes: a) all events related to a reported /alleged abuse in the resident chart; b) all physical assessments/examinations are recorded with clear descriptions and specific itemized detail; c) completion of RC 6.6.4 Resident Incident Report Form. Key Points for completing written / oral or video report / documentation ; the information in the incident report is to be completed by person(s) involved in the allegation/incident, witness the allegation/incident and / or on duty at the time of allegation/incident. An incident is to be reported in the words of the person. Reporting and documenting is to be completed in a timely manner as soon as possible following receipt of information or witnessing an incident. A written / recorded / video report must include: what the person saw; what the person heard; what the person was told by another person; non-biased information and should not include a personal opinion, speculation or assumptions;
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Sample name of person, to whom the report is submitted, date of incident and date of report, time of incident and time of report, signature of scriber and witnessed as appropriate and the person submits the report directly to the requesting supervisor. 6. Pictures : Comfort and explain to the resident that pictures will be taken of red areas, injuries or other marks ensuring that the resident remains and feels safe. Ideally pictures should be taken with a digital camera with two copies printed immediately - one copy for police and one copy for file. Resident name, date of birth and room / suite number is to be recorded on the back of the photos. Photos are to be signed and dated by the person who took the pictures and if there was a witness to the picture taking they should sign and date as well. Picture is to be placed securely in the resident personal medical file with all incidents and assessment reports. 7. Statement from Resident: when possible, ask the resident to describe the incident and document the details you are provided by the resident in their words; read the statement back to the resident to confirm the information and have the resident sign and date the document; if you have a witness available have them sign and date the document as well. Place the document on file. 8. The Resident’s Physician will examine the resident as soon as possible after the incident. 9. Proceed to investigation process ( See Section C. Investigating and Responding to Alleged/Suspected Abuse). NOTIFICATION As per RHA O. Reg. 15(2) The General Manager or Designate will immediately notify the following individuals: a) Owner, operator of retirement home b) Resident’s Physician c) Resident’s family/Power of Attorney (POA) d) Family/POA of the alleged abuser if another resident e) Provincial regulatory authorities as required (RHRA) f) Police authorities if indicated in the resident assessment process: Physical, sexual or fraud allegation resident is transported to hospital for care Immediate Action Alleged Abuser As per RHA O. Reg. 15 (3b) If the alleged abuser is: Staff member: the person will be sent home immediately pending investigation
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Sample General Manager / Designate will contact the owner review the employee’s file for evidence of previous incidents Family member, visitor, volunteer or other person separate the resident and the alleged abuser; speak privately with the alleged abuser indicating the inappropriate behavior and request that they stop visiting the resident pending investigation. Consult with police authorities if required. Following the investigation, if the allegation is substantiated further interventions may be required including police authorities Another resident isolate the resident from the situation immediately, assess and address this resident’ needs. refer this resident to the attending physician for assessment; it may be necessary for safety reasons to have the resident transferred to hospital for psychiatric assessment. A competent resident has the right to make contact with whomever they choose, regardless of the circumstances. Recommend to the resident that only supervised contact with the alleged abused be allowed during the course of an investigation. Keep in mind that you do not have the right to impose restrictions on a resident’s visitation without their permission. In the case that the alleged abuser is staff or a volunteer, ensure that there is no unsupervised contact with the resident during the course of an investigation. Intervention/Action: Each case of suspected abuse or neglect must be considered individually to achieve the appropriate balancing of interests. The nature of the abuse or neglect, its severity and the implications to the person(s) involved will dictate the degree of intervention warranted (e.g. contacting the police, contacting family, contacting RHA). If the resident accepts assistance, identify and locate appropriate resources to assist them. Respect their right to privacy and confidentiality. Action may include a coordinated response from a variety of services/agencies. If the resident refuses assistance, provide a list of local resources and emergency numbers and offer future support. The resident may wish to speak with authorities (e.g. police) themselves and work with them directly to make a decision on whether or not to pursue further action. Alternative methods of intervention in an abusive situation may be required if there is concern with the resident’s ability to make d ecisions (mental capacity) or the alleged abuser is a designated substitute
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Sample decision-maker (e.g. Power of Attorney) for the resident. In either of these circumstances, the Office of the Public Guardian and Trustee should be contacted. Witness Have any witnesses’ immediately document the incident. Reporting in the alleged or witnessed incident in own words (Reference point 5 Key Points for Documentation). Provide a witness for any interviews conducted during the internal investigation. Read witness statements back to them before getting a signature. All evidence will be stored safely to secure confidential information based on the situation. Follow Up Follow up will be appropriate to the assessed needs of the situation and the resident’s wishes. This may include future support and request for intervention, which was previously denied. Depending on the outcome of an investigation, it may be necessary to discipline an employee, and could include termination of employment depending on the severity of the situation. Professional associations or colleges will be contacted if applicable. If resident abuse by a staff member is suspected but cannot be proven, the General Manager will take proactive measures to prevent further resident abuse by providing education to the employee, increasing supervisory needs within the department and/or reassign the employee to alternate duties. If the abuse of a resident by a family member or visitor is investigated and substantiated, the General Manager should suggest to the resident that only supervised visits be allowed (resident’s permission is required in order to impose these restrictions). If the safety of other residents is compromised as a result of a resident’s decision to continue contact with an abuser, alternate measures must be taken to ensure adequate protection for the resident population as a whole. If the resident is alleged to have been the abuser it is important to determine the cognitive level of the resident. Are they competent or capable of understanding right from wrong? Assess the needs and determine the reason/triggers for the behavior. Communicate interventions and ensure all staff is aware of the situation. Evaluate the need for medical intervention. Identify this aggressive behavior and intervention on the resident care plan. Identify follow up plans with the family or POA’s on planned interventions. If the abuser is a student, volunteer or an outside service provider review and evaluate the circumstances and determine the most appropriate way to deal with the situation which may include notification to institutions or removal from the home. The General Manager /Designate shall ensure that the resident and the resident’s SDM, if any, are notified of the results of the investigation immediately upon the completion of the investigation.
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Sample Mandatory Reporting As per the RHA, any form of resident abuse or neglect will not be tolerated at Name of Home. A person who has reasonable grounds to suspect that any of the following has occurred or may occur must immediately report that suspicion and information upon which the suspicion is based to the Registrar appointed by the Retirement Homes Regulatory Authority: a. Improper or incompetent treatment or care of a resident that resulted in harm or risk of harm to the resident b. Abuse of a resident by anyone, or neglect of a resident by the Licensee or its staff, that resulted in harm or a risk of harm to the Resident c. Unlawful conduct that resulted in harm or risk of harm to a resident; or misuse or misappropriation of a resident’s money. In a retirement home, any person may report an allegation of resident abuse/neglect to staff in the home, to corporate office through the Complaints Process and to governing provincial authorities. 1. In the event an incident / allegation has been received by the General Manager /Designate they are to immediately report it to their owner/ Designate at the onset of the investigation process. 2. Reporting to the Registrar, provincial regulatory authorities: within the required time frame provided on specified form (RHRA Incident Report Form ) directed to correct source
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Sample Local Police Department 000-000-0000 Seniors Safety Line 1-866 299-1011 Advocacy Centre for the Elderly Elder Abuse 1-416-598-2656 (legal advice/support) Seniors Crime Stoppers 1-800-222-8477 RHRA 1-855-275-7472 Seniors Advocacy and Awareness Network 000-000-0000 [Ref: RC 6.6.1 Mandatory Reporting Obligations] [Ref: RC 6.6.2 Witnessed, Alleged or Suspected Abuse or Neglect Decision Tree (A) Resident to Resident] [Ref: RC 6.6.2 Witnessed, Alleged or Suspected Abuse or Neglect Decision Tree (B) By Any Person Other than a Resident] [Ref: RC 6.6.3 Clarifying Questions on Various Types of Abuse] [Ref: RC 6.6.4 Resident Incident Report Form] [Ref: RC 6.6.5 Retirement Homes: Quick Reference Contacts] [Ref: RC 6.6.6 Elder Abuse Provincial Resources] Refer to Risk Management Toolkit for policies pertaining to Analysis and Evaluation of Abuse and Neglect: RM 1.1 Risk Management Analysis and Evaluation Policy RM 2.2 Abuse Incident Tracking Template RM 2.9 Analysis and Evaluation Documentation Tool References: Ontario Network for the Prevention of Elder Abuse www.onpea.org Elder Abuse Protocol Development Guide: Halton Regional Police Service, November 2001. Abuse Education, Prevention and Response: A Community Training Manual for those who want to address the Issue of the Abuse of Older Adults in their Community; Advocacy Centre for the Elderly, December 2002, Third Edition Support and Assistance for Abused and Neglected Adults Ontario; Advocacy Centre for the Elderly, February 2001. RHRA Incident Report Form - http://www.rhra.ca/assets/en/doc/Incident-Report-Form.docx
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Mandatory Reporting Obligations Resident Abuse and Neglect as per the Retirement Home Act 2010 (RHA) (Sections 75 of the Act) Abuse in relation to a resident means physical abuse, sexual abuse, emotional abuse, financial abuse, verbal abuse as defined in 0.Reg 166/11 of the RHA (Section 1 - under definitions) Neglect in relation to a resident means failure to provide a resident the care and assistance required for his/her health, safety and well-being and includes inaction or a pattern of inaction as defined in the RHA A cknowledge know about the forms of abuse and neglect Barriers lack of information and knowledge about the RHA and possible indicators Urgency only suspected or witnessed abuse must be reported Standards understanding & meeting RHA regulations along with your homes policies/procedures WHAT TO DO CHECK FOR All Acts of Abuse and Neglect are investigated by the Retirement Home Regulatory Authority (RHRA) and may include penalties / fines or a criminal offence punishable by law Do Your part in Preventing Resident Abuse / Neglect Understand that no measure of abuse or neglect of a resident is tolerated Know what constitutes abuse / neglect and what the possible signs are as outlined in the Retirement Home Act 2010 (see over) Recognize that abuse / neglect of a resident is criminal and can be punishable by law Monitor for mistreatment of any resident as a regular part of your job Duty to immediately disclose misconduct of others (other staff, volunteers, family members, visitors, other residents, contracted providers); must provide accurate information and to explain suspicious circumstances Be aware of the mandatory reporting obligations for reporting witnessed or suspected abuse / neglect as per the RHA Mandatory Reporting Obligations If you see or suspect: Harm or risk to a resident resulting from (Section 75(1) RHA 2010: Improper or incompetent treatment or care of a resident that resulted in harm or risk of harm to the resident Abuse of a resident by anyone or neglect of a resident by the licensee or the staff of the retirement home of the resident if it results in harm or risk of harm to the resident Unlawful conduct that resulted in harm or risk of harm to the resident. Misuse or misappropriation of a resident’s money You must report it to the Registrar of the Retirement Homes Regulatory Aut hority along with any other relevant information. To make a report call: 1 855-275-7472
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Definitions as per the RHA Regulations (O.Reg. 166/11 (1) Abuse Forms of: Possible Indicators Emotional abuse means , (a) any threatening, insulting, intimidating or humiliating gestures, actions, behavior or remarks, including imposed social isolation, shunning, ignoring, lack of acknowledgement or infantilization that are performed by anyone other than a resident, or (b) any threatening or intimidating gestures, actions, behavior or remarks by a resident that causes alarm or fear to another resident where the resident performing the gestures, actions, behavior or remarks understands and appreciates their consequences; Financial abuse means , any misappropriation or misuse of a resident’s money or property Physical abuse means , subject to subsection (2), (a) the use of physical force by anyone other than a resident that causes physical injury or pain, (b) administering or withholding a drug for an inappropriate purpose, or (c) the use of physical force by a resident that causes physical injury to another resident; For the purposes of clause (a) of the definition of “physical abuse” in subsection (1): physic al abuse does not include the use of force that is appropriate to the provision of care or assisting a resident with activities of daily living, unless the force used is excessive in circumstances . Sexual abuse means , (a) subject to ss. (3), any consensual or non-consensual touching, behavior or remarks of a sexual nature or sexual exploitation that is directed towards a resident by a licensee or staff member, or (b) any non-consensual touching, behavior or remarks of a sexual nature or sexual exploitation directed towards a resident by a person other than a licensee or staff member; For the purposes of the definition of “sexual abuse” in ss. (1), sexual abuse does not include, (a) touching, behavior or remarks of a clinical nature that are appropriate to the provision of care or assisting a resident with activities of daily living; or (b) consensual touching, behavior or remarks of a sexual nature between a resident and a licensee or staff member that is in the course of a sexual relationship that began before the resident commenced residency in the retirement home or before the licensee or staff member became a licensee or staff member. -Intimidation through yelling/threats -Humiliation and ridicule -Ignoring elderly person -Isolation from friends/family -Terrorizing or threatening -Name calling -Removal of decision making power -Misuse of personal cheques, credit cards, -Steal cash, income cheques or household goods, Jewelry -Forge signature/identify theft -Phony charities, fraud, extortion -Physical assault such as hitting or shoving -Inappropriate use of drugs -Restraints -Confinement -Any physical pain or injury -Punishment which results in physical harm -Physical sex acts -Showing pornographic material -Forcing the elder person to watch sex acts -Forcing the elder person to undress -Intercourse without consent Verbal abuse means , (a) any form of verbal communication of a threatening or intimidating nature or any form of verbal communication of a belittling or de grading nature which diminishes a resident’s sense of well - being, dignity or self-worth, that is made by anyone other than a resident, or (b) any form of verbal communication of a threatening or intimidating nature made by a resident that leads another resident to fear for his or her safety where the resident making the communication understands and appreciates its consequences. (“mauvais traitement d’ordre verbal”) -Humiliation/ ridicule -Name calling -Harassing phone calls -Habitual blaming -Arguments between resident and another person -Changes in personality / behaviors -Witnessing arguments between person and resident -Low self esteem -Agitation / -Tearfulness -B ruises around breasts/genitals -Unexplained venereal disease/genital infections -Unexplained vaginal or anal bleeding -Torn, stained / bloody underclothing -Body or head injury -Unexplained bruises, welts, lacerations, swelling, fractures -Signs of being restrained -Rope/ grip-mark s -Internal injuries / immobility -Broken eyeglasses -Sudden inability to pay bills -Sudden withdrawal of money -Open mail without permission -Refusal to consider a move -Controlling money matters against will -Selling property w/out permission -Suspicious changes in wills/POA -Low self esteem -Agitation / Difficulty Sleeping - -Tearfulness -Denied visitors/outings -Withdrawn / Depressed -Fearful interaction with a person --Infantilization (e.g. Baby talk)
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Witnessed, Alleged or Suspected Abuse or Neglect Decision Tree (A) Resident to Resident If there is a repeat incident with the same resident (aggressor), start the decision tree from the beginning. *Review of these areas (Physical and Emotional or Verbal Abuse) is part of your investigation. ** Consequences to the resident aggressor may include the implementation of behaviour management procedures, such as heightened monitoring which must be indicated in their plan of care. Ensure resident’s safety (have resident assessed) Commence an investigation & determine if the allegation is founded. Refer to the definitions of abuse and neglect to determine if the incident fits a definition (emotional, financial, physical, sexual, verbal abuse or neglect) Commence an investigation & determine if the allegation is founded. Refer to the definitions of abuse and neglect to determine if the incident fits a definition (emotional, financial, physical, sexual, verbal abuse or neglect) *PHYSICAL ABUSE: If the incident is resident to resident physical abuse, and there is no injury, it is not reportable to the RHRA. Continue to monitor resident and if an injury Call EMS, maintain the residents’ safety Immediately contact the police of any alleged, suspected, or witnessed incident of abuse or neglect of a resident that the home suspects may constitute a criminal offence Immediately notify the resident’s SDM YES NO Witnessed or report of suspected abuse Is it an emergency situation? Is the resident in immediate danger? Does the resident need immediate medical attention? Immediately notify both residents & SDM on the outcome of the investigation Report to the RHRA Immediately notify the resident’s SDM YES NO Immediately notify both residents & SDM on the outcome of the investigation YES NO Immediately notify both residents & SDM on the outcome of the investigation Report to the RHRA Immediately contact the police of any alleged, suspected, or witnessed incident of abuse or neglect of a resident that the home suspects may constitute a criminal offence Determine consequence(s) for the abuser Ensure support is provided for the resident who has been abused or neglected or allegedly abused or neglected Maintain in a secure location all investigation notes including interviews and witness statements **Refer to the behaviour management requirements if the incident involves resident behaviours and follow the procedure for behaviour management NO NO Immediately notify both residents & SDM on the outcome of the investigation Ensure support is provided for the resident who has been abused or neglected or allegedly abused or neglected **Refer to the behaviour management requirements if the incident involves resident behaviours and follow the procedure for behaviour management *EMOTIONAL or VERBAL ABUSE: If the incident is resident to resident - Is there any emotional distress to the resident as a result of the incident? Does the aggressor resident understand and appreciate their consequences? If not and there is no injury or distress to the resident, it is not reportable to RHRA Determine consequence(s) for the abuser Immediately notify both residents & SDM on the outcome of the investigation Notify the resident’s SDM within 12 hours of becoming aware of any other alleged, suspected or witnessed incident of abuse or neglect as a result of the investigation Maintain in a secure location all investigation notes including interviews and witness statements Immediately notify both residents & SDM on the outcome of the investigation Immediately contact the police of any alleged, suspected, or witnessed incident of abuse or neglect of a resident that the home suspects may constitute a criminal offence Immediately contact the police of any alleged, suspected, or witnessed incident of abuse or neglect of a resident that the home suspects may constitute a criminal offence
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Witnessed, Alleged or Suspected Abuse or Neglect Decision Tree (B) By Any Person Other than A Resident *If there is a repeat incident with the same aggressor, start the decision tree from the beginning. Determine consequence(s) for the abuser Immediately notify the resident’s SDM Immediately notify the resident & SDM on the outcome of the investigation Immediately contact the police of any alleged, suspected, or witnessed incident of abuse or neglect of a resident that the home suspects may constitute a criminal If the incident involves a staff member, remove from their duties pending the outcome of the investigation Immediately notify the resident & SDM on the outcome of the investigation Immediately notify the resident & SDM on the outcome of the Report to the RHRA Immediately contact the police of any alleged, suspected, or witnessed incident of abuse or neglect of a resident that the home suspects may constitute a criminal offence Immediately notify the resident & SDM on the outcome of the investigation Determine consequence(s) for the abuser Call EMS, maintain the residents’ safety Immediately contact the police of any alleged, suspected, or witnessed incident of abuse or neglect of a resident that the home suspects may constitute a criminal Maintain in a secure location all investigation notes including interviews and witness statements Immediately notify the resident’s SDM Maintain in a secure location all investigation notes including interviews and witness statements YES NO Witnessed or report of suspected abuse Is it an emergency situation? Is the resident in immediate danger? Does the resident need immediate medical attention? Ensure resident’s safety (have resident assessed) Commence an investigation & determine if the allegation is founded. Refer to the definitions of abuse and neglect to determine if the incident fits a definition (emotional, financial, physical, sexual, verbal abuse or neglect) Report to the Ensure support is provided for the resident who has been abused or neglected or allegedly abused or neglected Commence an investigation & determine if the allegation is founded. Refer to the definitions of abuse and neglect to determine if the incident fits a definition (emotional, financial, physical, sexual, verbal abuse or neglect) Ensure support is provided for the resident who has been abused or neglected or allegedly abused or neglected Notify the resident’s SDM within 12 hours of becoming aware of any other alleged, suspected or witnessed incident of abuse or neglect as a result of the investigation YES NO YES NO Immediately contact the police of any alleged, suspected, or witnessed incident of abuse or neglect of a resident that the home suspects may constitute a criminal offence
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Type Criminal Offences Recognize Red Flags/Indicators Questions for the Retirement Home Questions for the Senior Physical Assault Assault With a Weapon Sexual Assault Forcible Confinement Change in hygiene, grooming. Inappropriate dress for the season Skin shows signs of dehydration, lacerations, burns, bites.. Multiple hospital admissions for fractures, unexplained injuries, history of accidentss. Multiple Falls Is the senior anxious around the caregiver, certain staff or family members? Is the senior physically isolated from everyone with no access to a phone or a lifeline ? Is there evidence of medical, chemical or physical restraints? Are there unexplained injuries (for instance, grip makrs on the forearms)? Does anyone ever touch you without your consent? Can you tell me abou a time recently when somone made you do things you didn’t want to do? Does anyone close to you ever try to harm or hurt you? Tell me about it Do you have any close family members who abuse drugs, gambling and/or alcohol, or have a psychiatric or mental illness? Tell me how it affects you? RC 6.6.3 Clarifying Questions on Various Types of Abuse Type Criminal Offences Recognize Red Flags/Indicators Questions for the Retirement Home Questions for the Senior Sexual Sexual Assault Sexual Exploitation of Person with Disability Difficulty sitting or walking; Bloody or stained clothing Itching, painful genital area Is there evidence that sexual or other abuse is happening? Have you asked the senior about the nature and quality of their relationship with the caregivers/staffs/family/strange rs coming into the home? Have you documented all the evidence? Files could be used for court/prosecution in the future. Use quotes from senior. Does anyone ever touch you without consent? Can you tell me about a time recently when someone made you do things you didn’t want to? Are you alone a lot? Does anyone close to you ever try to harm or hurt you? Tell me about it.
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Type Criminal Offences Recognize Red Flags/Indicators Questions for the Retirement Home Questions for the Senior Emotional Verbal Uttering Threats Intimidation Criminal Harassment Indicators includes changes in tone or verbal, or non-verbal aggression, insults, threats, lack of eye contact, aggressive body language or gestures, i.e. glaring at the senior as he or she speaks. Depression, fear, anxiety, or withdrawal. Behaviour changes when caregivers/staffs/fam ily enter or leave the room. Have you noticed sudden changes in the older adult’s behavior (e.g. depressed rather than content)? Does the senior appear fearful of family and/or caregivers? How do family member behave toward the older adult? Are they verbally abusive? Do they always speak for the older person? Can you tell me about a time recently when someone talked to or yelled at you in a way that made you feel bad about yourself? Does anyone ever scold or threaten you? Can you give me an example? Do you feel safe living here? Does anyone ever tell you that you’re sick when you know you aren’t? Can you give me an example? When was the last time you got to see your relatives or friends? Do you have any access to a telephone? If not why not? Type Criminal Offences Recognize Red Flags/Indicators Questions for Retirement Home Questions for Senior Financial Theft Theft by Power of Attorney Fraud Forgery Extortion Criminal Breach of Trust Changes in senior’s appearance; presenting somewhat disheveled Appears confused about financial status, banking process, where money is kept Unpaid bills; notice to terminate service Missing or absent financial records, statements, bank/credit cards Does the senior appear to have a different standard of living than others in the residence? Has there been a sudden change in standard of living, change of residence or living arrangement? Does the senior refuse to spend money without consulting family? Is there an unexplained or sudden inability to pay bills, account Have you ever been asked/forced to sign papers you didn’t understand? Tell me about it Does anyone ever take anything from you or use your money without permission? Can you give me an example? Who does your finances? Are you comfortable with how they handle your finances? Do you have any close family members who
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Disappearance or absence of possessions, i.e. no TV, jewelry withdrawals, changes in their will, establishment of Power of Attorney, or disappearance of possessions? abuse drugs/alcohol or have a psychiatric or mental illness? Tell me about how this affects you. Do you feel obligated or forced to hand over money when you don’t want to? Tell me about it. Type Criminal Offences Recognize Red Flags/Indicators Questions for the Retirement Home Questions for the Senior Neglect Fail to Provide Necessaries of Life Criminal Negligence Causing Bodily Harm/Death Inadequate staffing in home. Disheveled physical appearance, poor nutritional status Poor oral and physical hygiene Unclean premises, dirty clothing Lack of food in fridge Inappropriate temperature in apartment Prescriptions not filled appropriately (e.g. inadequate time frame between prescriptions). Lack of privacy; caregiver is always present at visits and reluctant to leave senior to speak privately Needed medical/health aid not obtained. No walker, dentures, glasses, hearing aids, etc. Untreated medical conditions Does the family/caregiver appear indifferent to the needs of the senior? Is there evidence of any company/visitors coming to see the senior? Does the senior ever get out of the home or are they left alone for long periods of time with no simulation or social/recreational activities provided? Are service providers ever left alone with the person? Does someone else always answer questions on behalf of the senior? Is senior living in unsafe living conditions such as filth, fire hazards, hoarding, etc.? Are you getting all the help you need? Are you having any problems getting out of your doctor’s office, pharmacy, etc.? Are you alone a lot? Does anyone ever let you down when you need help? Do you feel that your food, clothing, and medications are available to you at all times? When was the last time you had visitors? Do you have ready access to a telephone? If not why not? Do you have the glasses/dentures/cane that you need? If not why?
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Resident Incident Report Form Name of Resident _________________________________ Suite No. ___________________________ Date of Incident: ____________________________ Time of Incident: ___________________________ Type of Incident: ______________________________________________________________________ Description of Incident: _________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ Name of Person, + Category, who discovered/observed incident: ________________________________ _____________________________________________________________________________________ Physician Notified: Yes ___ No ____ Reason: _______________________________________________ Name of Physician Notified: _____________________________________________________________ Time: _______________________________ Time Physician Responded: _________________________ Was resident sent to hospital: Yes ____ No _____ Name of Hospital: _____________________________________________________________________ Physician’s Orders: ____________________________________________________________________ Physical Condition of Resident: __________________________________________________________ Mental Condition of Resident: ___________________________________________________________ Sedation Prior to Incident: Yes _____ No _____ Were relatives notified: Yes: ____ No ___ Reason ___________________________________________ Person notified: ____________________________________ Time: __________________________ Report completed by: _______________________________ Date: ___________________________ Reviewed by: _____________________________________ Date: ___________________________ Nurse in Charge Reviewed by: _____________________________________ Date: ___________________________
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Retirement Homes: Quick Reference Contacts Advocacy Centre for the Elderly…………………………………………………………………….…. 416-598-2656 Alzheimer Society of Ontario…………………………………………………………………… .... ….. 416-967-5900 LTC Action Line Ministry of Health and Long Term Care……………………………………………………… 1 -866-434-0144 Office of the Public Guardian and Trustee……… .............................................. 1 -800-366-0335 Ontario Network of the Prevention of Elder Abuse………………………………………..…. 416 -916-6728 OPP Senior Assis tance Team……………………………………………………………………… ........ 705 -329-7693 Ontario Rental Housing Tribunal…………………………………………………………………… 1 -888-332-3234 Ontario Seniors’ Secretariat Info Line……………………………………………………………. 1 -888-910-1999 Retirement Home Complaints Response………………………………………………………… 1 -800-361-7254 and Information Service Senior Crime Stoppers…………….…………………………………………………………………….. 1 -800-222-8477 Senior’s Safety Line…………………..…………………………………………………………………… 1 -866-299-1011
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Elder Abuse Provincial Resources Advocacy Centre for the Elderly (ACE) The Advocacy Centre For the Elderly is a legal clinic funded by Legal Aid Ontario to provide legal services to low income seniors. Managed by a community Board of Directors, ACE provides a range of legal services, including telephone advice and information, representation before courts and tribunals, public legal education and services (speakers and publications), community development projects, and law reform activities. Ace produces a newsletter twice a year (Spring and Fall). The ACE Newsletter highlights legal issues of current interest to the seniors’ community and to service -providers working with seniors. Articles from previous newsletters are also available on request. Advocacy Centre for the Elderly 2 Carlton Str., Suite 701, Toronto, ON M5B 1J3 Tel: (416) 598-2656 Fax: (416) 598-7924 Email: wahlj@lao.on.ca www.advocacycentreelderly.org Office of the Public Guardian and Trustee (OPGT) Information on Powers of Attorney, the Power of Attorney Kit, the Substitute Decisions Act, Capacity Assessment, and Guardianship, as well as other topics is available on the OPGT website. The pamphlet that describes the Office of the Public Guardian and Trustee can be obtained by contacting the regional office of OPGT (directory of regional offices available on website or by calling their toll-free 800 number). Office of the Public Guardian and Trustee, Guardian Investigations Unit, 595 Bay St., Ste. 800, Toronto, Ontario, M5G 2M6 Tel: (416) 327-6348, or 800-366-0335 www.attorneygeneral.jus.gov.on.ca Investigation & Enforcement Unit of the Ministry of Municipal Affairs & Housing Offences under Residential Tenancy Act can be reported to Investigation & Enforcement Unit of the Ministry of Municipal Affairs & Housing. Tel: 416 585-7214 or 1-888-772-9277 www.mah.gov.on.ca/ieu Landlord & Tenant Board: 416 645-8080 or 1-888-332-3234 www.ltb.gov.on.ca (fee for service)
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Reference Materials Community Legal Education Ontario (CLEO) A large number of publications are available from CLEO, some of which speak to the abuse of older adults specifically, and some of which provide useful information to you when you are assisting an older adult (e.g. publications on housing, benefits, Powers of Attorney, etc.) Some of these publications are available online (online order form is accessible on CLEO website); others must be ordered by contacting CLEO by email, telephone or mail. All publications are printed in English and French. Most are available free of charge. Inquire about cost when you contact CLEO. A large number of publications are available from CLEO, some of which speak to the abuse of older adults specifically, and some of which provide useful information to you when you are assisting an older adult (e.g. publications on housing, benefits, Powers of Attorney, etc.) Some of these publications are available online (online order form is accessible on CLEO website); others must be ordered by contacting CLEO by email, telephone or mail. All publications are printed in English and French. Most are available free of charge. Inquire about cost when you contact CLEO. CLEONET an online clearinghouse of community legal education Community Legal Education Ontario 119 Spadina Avenue, Suite 600, Toronto, Ontario. M5V 2L1 Tel: (416) 408-4420 Fax: (416) 408-4424 Email: cleo@cleo.on.ca www.cleo.on.ca National Clearinghouse on Family Violence (NCFV) The NCFV is Canada’s national resource centre for information about family violence. The NCFV collects, develops and disseminates resources on prevention, protection and treatment. By increasing awareness, the NCFV encourages Canadian communities to become involved in reducing the occurrence of family violence. National Clearinghouse on Family Violence Family Violence Prevention Unit Public Health Agency of Canada (Address Locator: 1907D1) 7 th Floor, Jeanne Mance Building, Tunney’s Pasture Ottawa, Ontario K1A 1B4 Telephone: 1-800-267-1291 or (613) 957-2938 TTY: 1-800-561-5643 or (613) 957-2938 Fax: (613) 941-8930 Email: ncfv-cnivf@phac-aspc.gc.ca www.phac-aspc.gc.ca/ncfv-cnivf/familyviolence/
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Ontario Network for the Prevention of Elder Abuse (ONPEA) ONPEA is comprised on nine staff, including an Executive Director, a Multicultural Coordinator, six Regional Consultants, an Administrative Coordinator, and may Volunteers committed to promoting elder abuse prevention across the province. The regional offices are located throughout Ontario. The Ontario Network for the Prevention of Elder Abuse (ONEPEA) is dedicated to raising awareness of elder abuse and neglect, through public education, professional training, advocacy, and service coordination. In addition to implementing Ontario’s Strategy to Combat Elder Abuse , ONPEA supports a growing number of vital projects and research in elder abuse and neglect prevention. ONEPEA’s central office: 234 Eglinton Ave East, STE 500, Toronto, ON M4P 1K5 Tel: (416) 916-6728 Fax: 416-916-6742 www.onpea.org References: Ontario Network for the Prevention of Elder Abuse www.onpea.org Elder Abuse Protocol Development Guide: Halton Regional Police Service, November 2001. Abuse Education, Prevention and Response: A Community Training Manual for those who want to address the Issue of the Abuse of Older Adults in their Community; Advocacy Centre for the Elderly, December 2002, Third Edition Support and Assistance for Abused and Neglected Adults Ontario; Advocacy Centre for the Elderly, February 2001
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