Sample Zero Tolerance of Abuse and Neglect

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Fanshawe College *

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6040

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Communications

Date

Feb 20, 2024

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pdf

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44

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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.
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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