Posted in All The Bits In Between, Family, Health, Nursing, Spiritual, Uncategorized

Mandatory Reporting: Legal Requirement versus Moral Obligation

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Recently on a busy night shift I found myself working in the paediatric (with the kiddies) section of the emergency department (ED). Our ED is quite large with various sections including, Triage, waiting room, sub-acute, acute, and resus to name a few areas. All these sections require nursing staff and nurses are allocated to a certain section each shift depending on a few variables addressing things such as skill mix, time of shift, how busy the department is and any other things the manager needs to address.

Staff can check the allocations for the next day to see where they will be working the following shift. I rarely do this, I like to turn up on the shift not knowing where I will be working, I think if I check the day before then I may spend the whole time until the shift starts worrying about how busy it will be or whether or not I’ll cope with where I’m allocated to. Luckily in regards to the coping issue I work with fantastically supportive senior staff and the issue of not coping…well it wouldn’t be an issue, all I have to do is raise my voice for some support and it would be there and if need be I would be reallocated to a different area for that shift. Anyhow I have digressed, so back onto the topic, on a busy night shift I found myself to be in the paediatric section for the night. I was actually really chuffed with this as I always am when allocated to work in paeds because I enjoy working with the kiddies a lot.

I feel very confident working with children and families, I think this in part is because of having children in my life for nearly half my life. I feel I can build a good rapport with parents and try to be a good advocate and carer for my patient and their family. I also always try to address and alleviate any of their fears or concerns in regards to the patients presenting health complaint.

There are often two types of parents that bring their children into and emergency department, those that have used their common sense to deduce that their child needs emergency medical attention and those that just plain have no idea. For example, patient brought in by parents for Asthma, good decision!!! Patient brought in by parents for tiny splinter in finger, no signs of infection, no distress in child, no attempt to get it out and not seen by local doctor………hhhhhmmmm medical emergency? I think not……………

And then there are those children that, well, something just doesn’t sit right! And if the stories aren’t adding up and matching the clinical/physical presentation then something needs to be done, the situation requires escalating to the appropriate services. As health care workers we are bound by the NSW Legislation as Mandatory Reporters:

who are mandatory reporters?

Mandatory reporters are defined in NSW legislation. They are those who deliver the following services to children as part of their paid or professional work:

  • health care – doctors, nurses, dentists and other health workers
  • welfare – psychologists, social workers and youth workers
  • education – teachers
  • children’s services – child care workers, family day carers and home based carers
  • residential services – refuge workers, community housing providers
  • law enforcement – police

Any person with direct responsibility to provide the above mentioned services must report risk of significant harm to children.

Managers, including both paid employees and volunteers, who supervise direct services are also mandated to report.

Mandatory reporters are not obliged to report risk of significant harm to unborn children or young people (those aged 16-17 years). However they are encouraged to make a report if it is appropriate.

http://www.community.nsw.gov.au/preventing_child_abuse_and_neglect/resources_for_mandatory_reporters.html

What does all this mean, well it means that as one of the above mentioned professionals if you have a concern, suspicion or evidence of a child or children being at risk of harm or neglect then it has to be reported to Family and Community Services.

It is a difficult situation when one finds themselves in a situation where they see, hear or sense that a child may be a victim of harm or neglect. Further to this is the unspoken emotional response to ones suspicion or findings. That moment where you feel like there is a giant stone dropped in your gut, the moment when you feel like you might be sick or lose your shit and start crying or demanding answers as to how and why this could happen to an innocent child?!

Then quickly followed by the moment where you regain your composure as a professional and think through your legal obligations. What have you seen, heard or suspected that has led you to consider making a report, are your concerns significant enough to warrant making a report? If you find yourself asking these questions and wanting to discuss them with someone a great first port of call is your Nurse Unit Manager. Discussing your concerns with a senior staff member can help you decide if your concerns warrant a report to Family and Community Services. If between the two of you,  you require further advice in regards to the matter then contacting:

Child Protection Helpline on (02) 133 627 (for mandatory reporters)

or

Child Protection Helpline on (02) 132 111 (for general public)

Above numbers are useful resources and will advise you of actions that may need to be taken. There is also an on-line service that requires you to fill in some information in regards to the nature of your concern and upon completion of this a report will be generated with action recommendations if any.

http://sdm.community.nsw.gov.au/mrg/app/summary.page

Now this is all very useful information as a mandatory reporter if you are certain about the facts you are putting forward, however what happens if your unsure and you are just going on things you have seen that don’t seem right and things you have been told that don’t add up? What do you do? What would you do? How would you respond if you found yourself in a situation where you thought the safety or wellbeing of a child was being jeopardised? All legal requirements aside……If you weren’t quite sure about your concerns? Colleagues or others that you had discussed your concerns with alluded to the fact that they thought you may be over reacting or that you should stay out of it? What would you do then? If you had that gut feeling and nagging doubt that something was not right with this poor child/children, would your moral obligation negate all the advice you had received?

http://www.keepthemsafe.nsw.gov.au/

Keep Them Safe is a government initiative that promotes a shared approach to child wellbeing, to encourage all members of society to be aware and accountable for children’s safety and wellbeing. It is not just for mandatory reporters but for everyone. To promote awareness of the tragedy that lies beneath the surface of so many children’s lives. Unfortunately children at risk of harm and neglect are out there in our communities. So what do we do? Who are we to say if someone is mistreating a child/children? Are we passing judgement on another persons parenting if we have suspicion that they are not providing the best protection or life choices for their child/children? These are some of the moral dilemmas that one may face if they have concerns regarding a child/children’s wellbeing.

Once faced with this situation my first response as a humanitarian, mother, carer, empathetic human being would be to address my moral obligation! How could I live with myself if I did nothing? How would I feel if I did nothing and as a result of my inaction the child/children were put at further significant risk of harm or worse even death? How could I live with that on my conscience? If my concerns were unfounded and no further action was taken, then was there any harm in me reporting my concerns? Is it better to report something based on a few small concerns, than not to report at all? Of course it is!!!! It would not matter to me, if ten people told me I was overreacting!! If I had a concern for welfare and it played on my mind, my moral obligation would be enough for me to warrant reporting it.

The Legal Requirement versus Moral Obligation debate doesn’t weigh to heavily on my mind because as I’ve said if it was against my morals not to report something then why would I not?! However the Legal Requirement is a bit of a loop-hole for Mandatory Reporters, a kind of skip to the end of your moral dilemma card. As a Mandatory Reporter if you come across a patient, child/children that you have a concern for in regards to neglect or harm then you are legally required to report it. The next steps that need to be taken are no longer decisions made by you rather ones that are made by Family and Community Services. Therefore if Family and Community Services were to advise you to contact your local police immediately in regards to the child/children you are reporting about then this is action you must undertake! Furthermore if Family and Community Services then dispatch a child protection team to take over the case that you have reported your concern about, then you relinquish your responsibility/care for the child/children to the new team involved.

There are policies and procedures in place in different ED’s that can be used as GUIDELINES on how to manage the care of a child/children that require a mandatory report being submitted regarding them. These are guidelines and should not be used to determine whether or not a report should be made. What determines whether or not a report should be made is your legal and moral obligation!!!!

Why would you not want to look out for the best interests of the child? Why would you not want to make them safe? Don’t ever feel like your making a judgement call on the family! Don’t ever not report because it’s too much paper work! Don’t ever not report because you don’t want to have to go to court in the future! Don’t ever not report because you’re not 100% sure of the facts because no-one ever really can be!!!

So if a Doctor or anyone ever second guesses your actions and says “Who made a Family and Community Report and who rang the Police at four in the morning?” And “Show me where in the policies and procedures manuals it says to take that action”? One can turn and say to them “it is OUR professional responsibility and legally required as mandatory reporters to escalate this case for further assessment” AND “it is also my moral obligation to provide protection to a child/children who may be at risk of harm or neglect”!!!! Or if someone says to you “remember not to let your emotions guide you, we are professionals” again respond with “Yes and as professionals it is our legal requirement to report it”. Try not to doubt or second guess your decisions and actions, let your legal requirements and morals guide you!!

As I said in the beginning I do really enjoy working in paediatrics and I hope I never have to experience cases like this. However if I do, I can assure you that I will speak out for those that cannot speak for themselves, I will break the shroud of secrecy and silence!! I will advocate against child abuse in any form!! No other persons opinion will sway me into subscribing to the behaviour of ignorance is bliss, what may be bliss for some, may well be hell for others!!

I hope for a world where people love, protect and rejoice in the beauty and innocence of children. A world where everyone recognises the vulnerability of childhood and as a world-wide community work together to always provide children with safety and protection; nurturing lives, filled with love!!!!

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Peace, Love and Happiness xox 🙂

Posted in Death, Family, Health, Nursing, Spiritual, Uncategorized

Death: World Suicide Prevention Day

Death. When is a good time to talk about it. How does one bring it up. Will it ever be a topic not enveloped in secrecy, fear and sadness?

I guess for some cultures it may not be viewed like this. However in ours it is. What is even harder to discuss is, the untimely death. What is an untimely death, what constitutes untimely?

Who decides whether a newborn, an older adult or some one in their younger adult life that passes away suddenly should have their passing as labelled, untimely? When is there a predictable time or a set time for death………………………….

As painful as it is for me to discuss at times it still needs to be discussed…….. Yes there is a predictable time or even a set time for death. We see it set when were are about to switch off life support machines and we see it in the future looming ahead of a patient after they are given a terminal diagnosis…………………………

But perhaps the most emotionally painful kind of death that can be labelled as both untimely and with a predictable or set time for death is that of a suicide victim………….

If one is to think about it, if one can tolerate thinking about it, one can only draw the conclusion that if a person they have known who was generally known to be of sound mind committed suicide then surely they must have known that death was imminent. If they had such clarity then why did they still take their own lives?

People assume that the suicide victims must have felt so sad and helpless that they just no longer had any desire to live. Does sad and helpless constitute, depression or  a mental health issue that may or may not have been diagnosed or treated? This kind of death raises so many questions and leaves so much heartache and often unanswered questions for those left behind…….. I call those lost by taking their own lives suicide victims because in a way that is how I see them, victims of their own demise.

The first question always asked after one learns of someone committing suicide is, Why? The why, Ive seen so many times is often answered with, because they felt sad or hopeless, like nobody cared enough to help them. The next statements I often hear is “if only I had, noticed, tried harder, done something differently” And to this I say “I’m sure you did everything you could” “because if they really truly no longer wished to live, they would have found a way to end their life, no matter how hard you tried to make them stay”………………..

http://www.betterhealth.vic.gov.au/bhcv2/bhcarticles.nsf/pages/Suicide_family_and_friends

I work with some amazing people and we are confronted by death regularly and no one is ever really immune to the harsh reality that death can be painful, emotionally, and people get left behind to deal with the pain. At our busy emergency department we see people present with suicide attempts and attempts at self harming and with every presentation like this we provide them with a review by a medical officer as well as a psychiatric specialist. The medical doctor treats the physical component of their presentation, such as did they cut their wrists or overdose on some form of medication. The psychiatrist assesses their mental status and determines if they are of sound mind or not and here, right here, has got me thinking about why I am not a mental health nurse…………….

Who are we to determine that if a person wishes to die that they must clearly be mentally unwell and out of their right minds…….. I don’t like to see any one die, me more than most, I am hypersensitive, a compassionate soul, that feels more empathy than most should, I’m a sympathy crier, I will cry if you are crying, just as soon as I see the pain cross your face I will feel it in my heart, almost as if it was my pain……….. However, if your pain was because you no longer wanted to live and people had tried to “fix” you several times of your dislike for life then who are we to force you to live because the thought of death is far to painful for us but life is far to painful for them……………….

I have looked into the eyes of a soul that was so completely broken, several “failed” suicide attempts under his belt, no legs, chronic pain, a shell of a man and absolutely no will left to live. So what did we do, “fix” him, bandage his wounds, give him pain relief and medication to “fix” his mood so he would no longer prefer the thought of death to life…… Even though this thought had plagued him for so long that it was apparent that every chance he could get, he would attempt to end his own life.

And now just to turn the table of this discussion completely on its head I bring the issue of suicide far more closer to home than I would ever have liked to deal with………………

Its easy to justify trying to understand why someone would prefer death over life in a professional capacity, looking at their injuries, their quality of life and even their mental health. However the lines become blurred and emotions run high when its someone you know/ knew. All you want to do is cry………. And you become the person with the question “Why?” And your rational mind tries to talk you out of trying to over think it and self talk includes such quotes as “remember the good times”, “she would want you to keep on being happy and living life smiling” and despite your head telling you all these rational things your heart and soul are crying crying crying………………………

You may not have spent a lot of time with a person in your recent past. You may have been only on a chat passing in the street basis, and you had said “we should catch up” and it seemed flippant but you actually meant it. And then you hear the news. They are gone……… However you shared a past, memories, lots of good ones. You are no longer in their social circle. You are shattered none the less by their tragic and extremely untimely death……………

I held my daughter in my arms as tight and for as long as I could and we cried together for the loss of someone we both once knew and cared about a lot…………..Some many questions. So much pain. So much love pouring out for a beautiful soul that was lost way too soon!!

And the constant question of “why?”

The constant statements of “If only” And then there is the stages of grief, Denial, Anger, Bargaining, Depression and Acceptance.

http://grief.com/the-five-stages-of-grief/

We cried for the friend we once had, we cried for the friend we no longer had, we cried at the thought of her pain and sadness, we cried for her family and the pain they were (are) going through……………….And I believe we will cry until we need too……………….I guess acceptance hasn’t been reached yet……………How does one accept that one so young, so beautiful and outwardly so happy did not want to live…………………Sometimes the pain of this thought seems to much to bare and its easier to just switch off.

Every story has a take home message and everyone deserves someone to love them, listen to them and be there for them. So listen to the ones you love, truly listen, be there for them if they are sad and show them how much they are appreciated!!

People need to remember that everyone has at least one person in their lives that truly loves them, that really wants to be there for them, that no matter how bad things seem, with love, guidance and support things can get better.

Life can get better, no matter how bad it seems, it can only be uphill if you’re already at the bottom. Look up and ask for help!!!!!!!!!!!!!!!!!!

If your feeling sad, low, lost, lonely, anxious, scared, victimised, bullied, vulnerable, abused, hopeless or just plain over it, find that small glimmer of inner strength and SPEAK UP!! REACH OUT!! Have faith that one day soon you will feel ok!

TODAY IS SUICIDE PREVENTION DAY!  

http://suicidepreventionaust.org/

http://www.timeanddate.com/holidays/un/world-suicide-prevention-day

And although we may have already lost some to untimely deaths we take comfort in the thought of being watched over by such beautiful angles.

SO LETS SPREAD THE MESSAGE TO PROMOTE SUICIDE PREVENTION!!!!

No-one deserves to feel like they have no other option, death is NEVER the only option!!

If you were a terminally ill patient you wouldn’t resign yourself to living only to meet your death, you would choose to live life to the fullest!!

Live every moment as if it was your last!!

If your sad reach out to someone for support and if you suspect someone you know may be feeling sad reach out to them, a simple “are you sure you’re ok?” to start the conversation.

No-one deserves to feel blue all the time, so if you do, call someone who can talk to you and help you through!!

Reach out and support each other to help prevent another life lost to suicide!!

Go forward with Peace, Love and Happiness in your hearts xox 🙂

http://www.beyondblue.org.au/index.aspx?

                                 R.I.P PRINCESS MELISSA

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