Literature Review: Ethical and Legal Considerations in Child and Elder Abuse Reporting Ethical Considerations in Elder Abuse Reporting

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Literature Review: Ethical and Legal Considerations in Child and Elder Abuse Reporting Ethical Considerations in Elder Abuse Reporting

Literature Review: Ethical and Legal Considerations in Child and Elder Abuse Reporting

Ethical Considerations in Elder Abuse Reporting

Aday et al. (2017) conducted a study examining generational differences in attitudes toward elder abuse reporting. The findings revealed significant variability in ethical perspectives. Younger individuals were more likely to report abuse perceived as severe, such as sexual abuse, but hesitated when the abuse was financial. Older adults, on the other hand, often avoided reporting altogether, fearing potential retaliation or worsening of the abuse (Aday et al., 2017). This highlights the need for PMHNPs to educate communities about abuse definitions and reporting procedures while addressing cultural and generational nuances.

Ethical Considerations in Child Abuse Reporting

Mulya (2018) explored societal perceptions of child sexual abuse and the reluctance of some victims to report their experiences. The study illuminated how children often frame themselves as survivors rather than victims, opting not to disclose abuse due to stigma or mistrust. This underscores the PMHNP’s responsibility to build trust and create a safe environment for children to share sensitive information.

Legal Considerations in Elder Abuse Reporting

Hall and Lichtenberg (2024) examine financial exploitation (FE) among older adults, emphasizing its status as a critical public health issue. FE is defined as the illegal or improper use of an elder’s funds or property for personal gain, affecting between 5% and 11% of older adults annually(Hall & Lichtenberg, 2024).

The authors introduce the Successful Aging through Financial Empowerment (SAFE) program, which employs empowerment-based financial coaching to mitigate the impacts of FE. This intervention addresses the financial fallout experienced by victims and improves their emotional and mental well-being, as evidenced by reduced stress levels at a six-month follow-up. The program participants also reported high satisfaction with the services provided (Hall & Lichtenberg, 2024).

The SAFE program highlights the systemic barriers to addressing elder financial exploitation, such as underreporting, lack of resources, and the complexity of legal processes. These barriers are compounded by older adults’ reluctance to report abuse by trusted individuals due to fear of retaliation or further harm. The study underscores the importance of education and multidisciplinary approaches to enhance reporting mechanisms and prevent FE (Hall & Lichtenberg, 2024).

For Psychiatric Mental Health Nurse Practitioners (PMHNPs), the insights from this study are critical. PMHNPs can be pivotal in identifying vulnerable individuals, educating communities about FE, and advocating for legal and financial protections for older adults. By fostering empowerment and resilience among elderly patients, PMHNPs mitigate the adverse effects of financial exploitation and promote well-being.

Legal Considerations in Child Abuse Reporting

Liu and Vaughn (2019) examined mandatory reporting laws for child abuse, noting significant discrepancies in how abuse is defined across jurisdictions. The authors pointed out that while mandatory reporting increases awareness, it also increases unsubstantiated claims, which can overwhelm the system. For PMHNPs, understanding state-specific definitions and reporting processes is crucial to ensuring compliance and effectively addressing abuse cases.

Application to Clinical Practice in North Carolina

In North Carolina, all individuals are legally obligated to report suspected cases of child abuse, neglect, or dependency, as outlined in North Carolina General Statute § 7B-301. Reports must be submitted to the director of the Department of Social Services in the county where the child resides and can be made orally, by phone, or in writing, including the reporter’s contact information.

However, anonymity does not hinder the investigation. Failure to report or obstructing others from reporting constitutes a Class 1 misdemeanor. Similarly, North Carolina General Statute § 108A-102 requires anyone with reasonable cause to suspect that a disabled adult requires protective services to notify the county’s Department of Social Services director (North Carolina General Assembly, 2023).

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