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- Regulation 13: Safeguarding service users from abuse and improper treatment
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On the basis of the submissions received, the Commission made no specific recommendation for change. According to a popular conception by Garbarino and colleagues , p. However, the difficulties in doing this are well documented Broadley, ; Goddard, ; Sheehan, Given these challenges, it is particularly important for child protection and child welfare professionals to work collaboratively to support families to build protective factors and protect children from emotional abuse. Neglect includes both isolated incidents, as well as a pattern of failure over time on the part of a parent or other family member to provide for the development and wellbeing of the child — where the parent is in a position to do so — in one or more of the following areas:.
These cases can be difficult for child protection practitioners to take before the child protection court, particularly if the concerning parental behaviours are low impact and high frequency as opposed to high impact and low frequency. In these situations, there is a responsibility on the state to provide support and assistance to the parents; and the parents have a responsibility to engage with and utilise these supports CFCA, In many Australian jurisdictions it is a criminal offence for those with parental responsibility to fail to provide a child with basic needs such as accommodation, food, education and health care.
Across the jurisdictions, these laws are all drafted differently. For example, in the Northern Territory the offence relates to a child under two years. The involvement of a child in sexual activity that he or she does not fully comprehend, is unable to give informed consent to, or for which the child is not developmentally prepared, or else that violates the laws or social taboos of society.
Children can be sexually abused by both adults and other children who are — by virtue of their age or stage of development — in a position of responsibility, trust or power over the victim.
Commonly the child will not have a parent who has or who is likely to protect them. Various jurisdictions have civil child protection legislation that provides for specific types of sexual abuse. In this resource sheet these different types of child sexual abuse are presented as:. Criminal laws across Australia consider sexual abuse to be sexual activity between any adult and a child under the age of consent. Under civil child protection legislation, a child or young person is in need of protection from an extra-familial abuser if the parents or carers are unwilling or unable or are likely to be unwilling or unable to protect the child or young person from the sexual abuse.
Intra-familial child sexual abuse is considered to be the most prevalent type of child sexual abuse Quadara et al. Perpetrators within this context include fathers, mothers, step-fathers, step-mothers, brothers, sisters, aunts, uncles, cousins and grandparents. In most Australian jurisdictions, sexual activity in the context of biological, step-family and adoptive relationships are covered by incest provisions ALRC, In some jurisdictions, the incest offence applies regardless of age.
In other jurisdictions, general child sexual abuse offences are applicable to children and the incest offence relates to situations where the victim is over the age of 16 years ALRC, Under child protection legislation, a child or young person needs protection from an intra-familial abuser if there is no parent or carer who is or who is likely to be willing and able to protect the child or young person from the sexual abuse. Child sexual abuse occurs when there is any sexual behaviour between a child and an adult in a position of power or authority over them e.
Under child protection legislation a child or young person needs protection if the parents or carers are not able, or are unlikely to be willing, to protect the child or young person from the sexual abuse. The general age of consent laws are inapplicable in these cases due to the strong imbalance of power that exists between children and young people and authority figures, as well as the breach of personal and public trust that occurs when professional boundaries are violated.
The terminology used to describe child sexual abuse that is perpetrated by children and young people is changeable El-Murr, It is important not to demonise the children and young people engaging in the abusive behaviour by calling them perpetrators or sex offenders El-Murr, ; Fernandez, These children and young people are still developing and growing.
Labelling them may shame them and may deter them and their families from engaging with treatment and support Fernandez, However, it is important not to deny or minimise the harm that these children and young people cause to their victims and to themselves El-Murr, ; Fernandez, Research suggests that this type of sexual abuse is common, and that children and young people are most likely to experience sexual harm from other children and young people El-Murr, Such abuse often involves an older child or young person coercing or forcing a child who is younger, smaller or where there are marked developmental differences e.
Even when there is no information to suggest coercion, manipulation or force, this does not mean an absence of manipulation or pressure. Some Australian jurisdictions have child protection legislation e. New South Wales, Queensland, South Australia and Victoria that allows for a diversionary pathway in place of a criminal justice response El-Murr, In some jurisdictions young people who have been found guilty of a child sexual abuse offence may be included on the sex offender register Victorian Law Reform Commission VLRC , Research suggests that sibling sexual abuse occurs at similar or higher rates to other types of intra-familial sexual abuse Quadara et al.
This type of sexual abuse is when there is sexual activity between a child or young person and a sibling that is non-consensual or coercive, or where there is an inequality of power or development between them. As stated above, there is civil child protection legislation in some Australian jurisdictions to enable therapeutic treatment for these children and young people in place of a criminal justice response.
In other jurisdictions the question of whether there will be criminal justice intervention will depend on the age of the children and the nature of the offence El-Murr, Although consensual and apparently non-coercive sexual behaviour between similarly aged siblings may not be considered child sexual abuse, it is considered problematic and harmful, and professional intervention should be sought. Online child sexual abuse can cause additional harm to children and young people beyond the abusive experience itself Quayle, Due to digital technology, offenders are able to take photos and videos of children and young people being sexually abused with little cost or effort, and often in the privacy of their own homes Broughton, They are then able to communicate with other offenders via the internet and distribute their material online.
These photos and videos are a permanent product of the abuse. They may resurface at any time and this leaves victims with a lifelong fear of exposure, exacerbating the damage Broughton, ; Quayle, Offenders often use these images to manipulate victims into silence by threatening exposure should the child or young person ever talk about the abuse Broughton, Online child sexual abuse may also involve sexting sending messages with sexual photos or videos via a mobile phone or posting online Queensland Sentencing Advisory Council, A decision about whether or not sexting constitutes child sexual abuse will depend on the particulars of the situation, including the ages of the children and young people involved.
Sexting laws differ across Australian jurisdictions. For example, in Victoria it is a criminal offence for someone over the age of 18 years to send an image of someone who is under the age of 18 years posing in an indecent sexual manner to a third party, even if the child or young person has given consent Victoria Legal Aid, Civil child protection legislation provides protection for children and young people who are or who are likely to be victims of online child sexual abuse.
Psychological abuse — including emotional abuse, threats of harm or abandonment, deprivation of contact, humiliation, blaming, controlling, intimidation, coercion, harassment, verbal abuse, isolation or unreasonable and unjustified withdrawal of services or supportive networks;.
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Exploitation — either opportunistically or premeditated, unfairly manipulating someone for profit or personal gain;. Neglect and acts of omission — including ignoring medical or physical care needs, failure to provide access to appropriate health, care and support or educational services, the withholding of the necessities of life, such as medication, adequate nutrition and heating;. Discriminatory abuse — including discrimination on grounds of race, gender and gender identity , disability, sexual orientation, religion, and other forms of harassment, slurs or similar treatment;.
Organisational abuse — including neglect and poor care practice within an institution or specific care setting like a hospital or care home, for example. This may range from isolated incidents to continuing ill-treatment.
Radicalisation— exposing an adult to extremist ideas which could lead to terrorism see Prevent below. We do this by working in active partnership with our local authorities, the London Borough of Hounslow and the London Borough of Richmond upon Thames, who each have a legal duty to safeguard their adult residents at risk under the Care Act HRCH staff have a duty to report potential or actual adult abuse or neglect to their line manager, their adult safeguarding lead, the local authority or emergency services if necessary.
Before they do so, they should speak to the person concerned or their advocate if this is possible, to find out their views about the concern. Patients, family, carers and advocates of adults at risk have a responsibility to report any potential abuse or neglect of an adult. You can do this by speaking to a member of HRCH staff, or your GP, you can contact the local authority in person, by telephone, by email see the links below.
Larger communities may have separate offices for filing rape charges a felony and domestic violence charges usually a misdemeanor.
You can also ask the prosecutor's office if they have a Witness Assistance Program. Program staff offer help with filing charges, mediation hearings, community and legal referrals, support or other information. In cases of domestic violence, a civil temporary protection order CPO can be issued by the court whether or not charges have been filed. A hearing will be held to see if there is reason to issue an order. Purposes of the CPO can include ordering the abuser to:. A CPO can also give temporary custody of children. It can be issued for one year and renewed if necessary.
In some counties, it is hard to get a CPO without a lawyer. Call Legal Aid see below for help or a referral. A criminal temporary protection order TPO can be issued during a hearing if charges are filed, and is good only until your domestic violence case is heard or the case is ended in some way. If you are a victim of a violent crime you may be eligible to receive money from the Ohio Victims of Crime Program for your loss or to pay your bills or other expenses.
To be eligible you must have reported the crime to police within 72 hours, although there may be exceptions to this. Call the Victim's Hotline Number: If you want to hire a lawyer and need help finding one, call the Ohio State Bar Association at You can also check to see if your city's bar association has a referral service. You can also call your local Legal Aid service to see if you qualify for services with little or no cost. If they can't help, they'll give you other names of lawyers you can call.
If you don't have the number of your local legal aid, call the Ohio State Legal Service Association at and they will give it to you. In some cases, Disability Rights Ohio may be able to assist you, mainly through giving you information or referrals. For more information, see below under Advocates. Each psychiatric hospital has a client advocate. The advocate's job is to help you problem-solve, advocate for your rights, resolve complaints and link you with other services. Community agencies have a Client Rights Officer whose job is similar to the hospital advocates.
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Usually, however, Client Rights Officers do other work in the agency besides advocacy. Because of this, they may take more time to respond, may not be able to spend a lot of time on each complaint and may have a conflict between providing services and advocating for what you want. The department advocate can help with issues that a hospital advocate may have been unable to resolve. Advocacy can also be provided if a group of clients has an issue or complaint. Call You have a right to file a grievance if you have not received help at the community, institution or state level.
Ask the client advocate, Client Rights Officer or a trusted staff member about how to file a grievance. DRO can advocate for you whether you are in the community or an institution. In many cases, DRO can provide advocacy services and referrals, and operates a state-wide toll-free number. Call and select option 2 for intake. The state Attorney General's Office has patient abuse investigators who look into reports of physical, sexual, emotional and financial abuse or neglect, both in facilities and in the community.
Investigators work with the county prosecutor and local police. The Patient Abuse Intake Office has a toll-free number, These are an option for women, with or without children, who need a safe place to stay because of abuse. Shelter staff can help with housing, legal and other referrals, and provide counseling. Shelter stays are usually fairly short, from a few days to a couple months. Even if you don't need to stay at the shelter or wish to remain anonymous you can call and talk about the violence. You can call your local rape crisis center if you have been sexually abused, whether the abuse is recent or happened in the past.
You can call to talk about your experiences and see what other services are provided. If you would like a complete listing of Ohio women's shelters and rape crisis centers, the Women's Information Center will send one to you. Their number is Many of the groups mentioned above will provide a speaker if you have a group of interested people. A person admitted to a program or facility for the purpose of receiving mental health services shall be accorded:.
Contents Your Personal Rights You have a right to safety. You have a right to be respected. You have a right to have or not have a sexual relationship. You have a right to control your money.
Regulation 13: Safeguarding service users from abuse and improper treatment
You have a right to treatment in a place that respects your freedom. You have a right to freedom from restraint or seclusion. You have a right to refuse or accept suggested medication. You should be able to exercise these rights without being punished. Institutionalization does not change your basic rights as a citizen.
Safeguarding children and young people
You have a right to a living space that gives you reasonable protection from harm. You have a right to safety. Back to top You have a right to be respected. Back to top You have a right to have or not have a sexual relationship. Back to top You have a right to control your money. Back to top You have a right to treatment in a place that respects your freedom. Back to top You have a right to freedom from restraint or seclusion.
How We Treat the Sick
Back to top You have a right to refuse or accept suggested medication. Back to top You should be able to exercise these rights without being punished. Back to top Institutionalization does not change your basic rights as a citizen. Back to top You have a right to a living space that gives you reasonable protection from harm.