216
edits
Difference between revisions of "Six Pressing Issues when Living in Residential Care"
From Clicklaw Wikibooks
Six Pressing Issues when Living in Residential Care (view source)
Revision as of 05:21, 13 May 2016
, 05:21, 13 May 2016→Abuse and Neglect
| Line 119: | Line 119: | ||
==Abuse and Neglect== | ==Abuse and Neglect== | ||
The Residential Care Regulation requires an operator (licensee) to immediately report to the medical health officer (Community Licensing) if there is an allegation of abuse or neglect of a resident. ([[{{PAGENAME}}#References| | The Residential Care Regulation requires an operator (licensee) to immediately report to the medical health officer (Community Licensing) if there is an allegation of abuse or neglect of a resident. ([[{{PAGENAME}}#References|24]]) | ||
===What Do We Mean?=== | ===What Do We Mean?=== | ||
| Line 134: | Line 134: | ||
In the residential care regulations, the terms “abuse” and “neglect“ have very specific meanings. These focus exclusively on harms to “persons in care “ (residents) by people who are “not persons in care“ (staff, administration, volunteers, family, strangers). | In the residential care regulations, the terms “abuse” and “neglect“ have very specific meanings. These focus exclusively on harms to “persons in care “ (residents) by people who are “not persons in care“ (staff, administration, volunteers, family, strangers). | ||
The abuse definitions specifically exclude harms by residents to other residents. These resident to resident harms are also considered important care issues and are “reportable” to Licensing; they are simply recognized as having different causes and needing different responses than do abuse or neglect situations. ([[{{PAGENAME}}#References| | The abuse definitions specifically exclude harms by residents to other residents. These resident to resident harms are also considered important care issues and are “reportable” to Licensing; they are simply recognized as having different causes and needing different responses than do abuse or neglect situations. ([[{{PAGENAME}}#References|25]]) | ||
“Abuse” and “neglect “in residential care generally means a deliberate intention to harm a resident, or a high degree of recklessness or indifference to the resident. Any other harms resulting from lack of understanding, poor procedures or documentation, inadequate training, or inadequate staffing are more commonly characterized as “quality of care” concerns or issues related to “non-compliance with standards”. However, the line between neglect and poor quality of care is not always clear in residential care. | “Abuse” and “neglect “in residential care generally means a deliberate intention to harm a resident, or a high degree of recklessness or indifference to the resident. Any other harms resulting from lack of understanding, poor procedures or documentation, inadequate training, or inadequate staffing are more commonly characterized as “quality of care” concerns or issues related to “non-compliance with standards”. However, the line between neglect and poor quality of care is not always clear in residential care. | ||
| Line 185: | Line 185: | ||
* The program that provides funding for the resident, if applicable. | * The program that provides funding for the resident, if applicable. | ||
The operator must also complete an Incident Report Form and send it to the health authority’s community care licensing office immediately.([[{{PAGENAME}}#References| | The operator must also complete an Incident Report Form and send it to the health authority’s community care licensing office immediately.([[{{PAGENAME}}#References|26]]) | ||
The response to the abuse or neglect situation will depend on the type of harm and who was involved. The operator has a responsibility to investigate the allegation or the known situation. Staff if involved may be suspended, with or without pay during the investigation and in some cases may be fired, although if unionized, they may grieve the response. If a matter is a crime, facility operators are expected to call the police. | The response to the abuse or neglect situation will depend on the type of harm and who was involved. The operator has a responsibility to investigate the allegation or the known situation. Staff if involved may be suspended, with or without pay during the investigation and in some cases may be fired, although if unionized, they may grieve the response. If a matter is a crime, facility operators are expected to call the police. | ||
| Line 207: | Line 207: | ||
* situations have not been adequately investigated internally by the operator or externally by oversight bodies. | * situations have not been adequately investigated internally by the operator or externally by oversight bodies. | ||
There is no provision in the residential care regulations, the privacy, consent or substitute decision laws that specifically permits or prohibits this covert surveillance. There are distinctions in law between video surveillance in the workplace by the employer and video surveillance in the person’s home by those with the authority to consent, as well as video surveillance to detect crime. ([[{{PAGENAME}}#References| | There is no provision in the residential care regulations, the privacy, consent or substitute decision laws that specifically permits or prohibits this covert surveillance. There are distinctions in law between video surveillance in the workplace by the employer and video surveillance in the person’s home by those with the authority to consent, as well as video surveillance to detect crime. ([[{{PAGENAME}}#References|27]]) There are also distinctions made between overt and covert surveillance. If an operator tried to prohibit these efforts by family or others, it would most likely lead to greater concern (“What are they trying to hide?”). | ||
The use of this type of video surveillance raises a wide variety of legal issues related to the: | The use of this type of video surveillance raises a wide variety of legal issues related to the: | ||
| Line 224: | Line 224: | ||
* Is there a more effective and less intrusive way of meeting these concerns? | * Is there a more effective and less intrusive way of meeting these concerns? | ||
Use of video surveillance in the privacy of a resident’s room may or may not lead to greater resident freedom from abuse or neglect. The issue of whether videotaped surveillance put in place by family can be used as legal evidence is beginning to come before the criminal courts and administrative bodies. ([[{{PAGENAME}}#References| | Use of video surveillance in the privacy of a resident’s room may or may not lead to greater resident freedom from abuse or neglect. The issue of whether videotaped surveillance put in place by family can be used as legal evidence is beginning to come before the criminal courts and administrative bodies. ([[{{PAGENAME}}#References|28]]) | ||
==Resident to Resident Harms== | ==Resident to Resident Harms== | ||
