Project Master

PROJECT MASTER

Overview

Curriculum Developers and Trainers

Year One Report

Biopsychosocial Assessment Curriculum

Develop Service Plans Curriculum

Legal, Ethical & Practice Issues Curriculum

Legal, Ethical and Practice Issues in Self Neglect Curriculum

Intended Audience

This training is intended for advanced level Adult Protective Services workers and their MDT partners (e.g. public guardians, public health nurses working with the elderly, mental health professionals, etc.).

Learning Objectives

Explain APS’ federal and state authority to intervene in self-neglect cases

Identify state laws that apply to a wide range of self- neglect situations
Describe basic principles of legal capacity as they relate to self-neglect
Discuss ethical principles that apply in self neglect cases
Describe “due diligence” and its application to APS practice in self-neglect cases
Work effectively with community and partner agencies
Describe promising practices for handling self-neglect cases developed in California and beyond

Competencies

This training specifically addresses the following NAPSA competencies:

APS Overview/APS Legal Framework (1) which includes state statutes and legal definitions, State policies and standards, and the roles and responsibilities of APS workers
APS Principles and Values (2) which includes balancing safety concerns and right to self-determination, retention of civil and constitutional rights, assuming decision-making capacity unless a court adjudicates otherwise and the client’s right to accept and refuse services.

Legal, Ethical and Practice Issues in Self Neglect: Plan for the Day

TIME	TOPIC/ACTIVITY
9:00 – 9:15	Welcome, Introductions and Learning Objectives
9:15 – 9:45	The Many “Faces” of Self-Neglect: Review of the Forms of Self-Neglect (Mini-lecture and Discussion): Point out the many different types of clients who self neglect (e.g. competent client who refuse treatment, hoarders, clients with mental health issues, clients with diminished capacity). Discuss how different types of clients need different types of legal and service interventions.
9:45– 10:15	APS’ Authority to Intervene in Self Neglect Cases (Mini-lecture) Self neglect is defined differently under different laws (WIC, Probate Code, Health and Safety Code, Housing Code).
10:15–10:30	BREAK
10:30 –11:00	Decision-Making Capacity and Consent (Mini-lecture and discussion) Introduce the general legal requirements for capacity including the ability to “process” decisions and to “appreciate” the consequences of decisions. Explain the requirement to connect the lack of capacity to the specific type of decision (e.g. health care decisions, wills, contracts, gifts, powers of attorney) Explain the relationship of capacity to consent. Discuss how consent is determined in different counties and agencies.
11:00 –11:10	Ethical Issues in APS Practice (Mini-lecture and discussion) Point out the ethical issues in self neglect cases. Demonstrate how to respect the values, preferences and attitudes of clients with diminished capacity by using the hierarchy of approaches to surrogate decision making. Addresses Cultural Diversity and Ethics requirement
11:10-11:20	Transfer of Learning Activity: Voluntary and Involuntary Interventions: Ask trainees to volunteer interventions that are used in self neglect cases. Trainer writes the interventions on the flip chart separating voluntary from involuntary.
11:20-12:00	Transfer of Learning Activity: Practice Activity:Legal, Ethical and Consent Issues in Self Neglect Cases Small groups read case examples and answer questions about: types of interventions to use, order of their use, benefits and drawbacks of their use ethical issues raised APS’ role in the case Addresses Cultural Diversity and Ethics requirement
12:00-1:00	Lunch
1:00 – 1:45	Due Diligence In order to practice due diligence, APS workers must know: Policies and procedures Standards of practice What to document and why. Best Practices in documentation are reviewed. What evidence to collect in these cases also discussed.
1:45- 2:30	Transfer of Learning Activity: Activity on Due Diligence: Small groups are asked to read a case study and write down all the APS activities that conform to the need for due diligence. Addresses Cultural Diversity and Ethics requirement
2:30-2:45	Break
2:45–3:15	The Role of Community Agencies, Entities and Disciplines in Self-Neglect Cases (Mini-Lecture and Discussion) Explains the benefits of using other agencies to address these multifaceted problems and how the MDT helps guarantee due diligence.
3:15 – 3:45	Best Practices (Mini-lecture and Discussion) Trainer will introduce some innovative practices that other counties are using to address this problem.
3:45-4:00	Wrap up: Questions and answers Evaluation