Transcript Module 5 Elder Abuse and Neglect ppt

module 5
Family Violence Protocol
Integrated Training for Law Enforcement,
Social Services, and Advocates
elder abuse
& neglect
Merced County Human Services Agency
HSA-SAS mod5elder.ppt (6/07)
Contents
 Definitions
 California Statistics
 Who Provides Services
• Mission • Services Available
 Adult Protective Services
• Mandates • Abuse and Neglect? • Who is at Risk? • Who is the
Perpetrator • Goals • Investigation • Case Plan • New Legislation
 Reporting and Cross-Reporting
• Mandated Reporters • Reporting Abuse • Cross Report, Law
Enforcement • Cross Report, Animal Control
 Other Services
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Public Administrator
Public Guardian and Conservator
Probate Conservator
Lanterman/Petris/Short Conservatorship
Definitions
 Elders are aged 65 or older.
 Dependent Adults are ages 18 to 64,
who have physical or mental limitations
that restrict their ability to carry out
normal activities or to protect their rights.
• Includes physical or developmental
disabilities.
• Includes those with diminished physical and
mental abilities due to age.
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California Statistics
 The rate of increase in the number of
Californians who are 65 years of age or
older is surpassing that of other states.
 The number of people who are 65 years
of age will grow from 3.7 million people
in the year 2000 to
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6.3 million
by 2020.
California Statistics (Cont.)
 The fastest growing segment of
California’s population, expected to
increase by 148 percent between the
years 1990 and 2020, are people who
are 85 years of age or older.
 As many as 10 percent of the population
over 65 years of age and 25 percent of
the population over 85 years of age will
suffer from Alzheimer’s disease.
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Who Provides Services?
Merced County Human Services Agency
Adult and Aging Services
 Location
• 2777 North Highway 59, Merced, CA 95341
 For Services
• 8 a.m. to 5 p.m., Monday through Friday
call (209) 385-3105
• After 5 p.m. on weekdays, Saturdays,
Sundays, and Holidays call (209) 722-9915
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Our Mission, Values, & Goals
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 Mission—To build strong, healthy families,
and improve the quality of life in our
community.
 Statement of Values—We believe in:
self-determination; access to community
services and activities; and a safe and
enriching personal environment.
 Adult and Aging Goals—Sustain
independent living. Strengthen ties to
community services and activities. Promote a
safe and healthy environment.
Services Available
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Adult Protective Services
Public Administrator
Public Guardian and Conservator
Probate Conservator
Lanterman/Petris/Short Conservatorship
Multipurpose Senior Services Program
Linkages
Respite Care
In-Home Supportive Services
Public Authority
Area Agency on Aging
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Adult
Protective
Services
State of California Mandates
Adult Protective Services must adhere to:
 Client’s right to self-determination.
 Services can be recommended to the
client.
 If the adult “has capacity” Adult
Protective Services are voluntary.
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Abuse and Neglect?
 Abuse includes:
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physical abuse
sexual abuse
psychological abuse
financial abuse
neglect
violation of basic rights (such as reading
one’s mail)
 Self-neglect is also reportable.
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Who is at Risk?
 Elderly women are more
likely to be abused.
 Ages 80 and older are
abused and neglected at
two to three times their
proportion in the
population.
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Who is the Perpetrator?
The perpetrator is a family member 90
percent of the time, and two-thirds of
these are a spouse or an adult-child.
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Goal and Services
 Goal—To prevent or correct conditions
which cause dependent or elder adults
to be abused, neglected, or exploited.
 Services are:
• Provided to all dependent and elderly
adults.
• Voluntary unless a crime has been
committed.
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Investigation and Assessment
 Allegations of:
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caregiver negligence
abandonment
financial abuse
physical abuse
mental abuse
 Services include investigation and
assessment of the situation in an attempt to
identify the most practical resolution. A case
plan may be developed with the cooperation
of the client.
Case Plan
 A case plan is an agreement between
the client and Adult Services which
identifies the problem and attempts to
resolve it in a timely manner. A case
plan may include a coordination of
community services, advocacy, peer
counseling, emergency shelter, respite
care, and education.
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• Note: No Emergency Shelters are available
for Alzheimer's clients.
New Legislation for 2007
 Assembly Bill 1363, Jones Omnibus
Conservatorship and Guardianship
Reform Act of 2006.
 Senate Bill 1018, Report of Suspected
Dependent Adult/Elder Financial Abuse.
New reporting form SOC 342 will be
utilized with this report of abuse.
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Reporting and
Cross-Reporting
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Mandated Reporters
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 Who are mandated reporters? They
include anyone responsible for the care
of elder or dependent adults, paid or
unpaid, including licensed staff,
supervisors, and administrators of
facilities, health practitioners, clergy,
Adult Protective Services staff, and law
enforcement.
 Mandated reporters are required to
telephone and follow up with a written
report within two (2) days.
Reporting Abuse
 Abuse that takes place in private residence,
apartment, hotel/motel, or homeless shelter is
reported to Adult Protective Services or local
law enforcement.
 Abuse in a long-term care facility (except a
state mental hospital or development center)
is:
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• Not reported to Adult Protective Services.
• Reported to the Long-Term Care Ombudsperson
and law enforcement who in turn report to State
Department of Health Services.
Cross-Report, Law Enforcement
 Adult Protective Services cross reports:
• To law enforcement when there is a crime
suspected.
• All substantiated incidents.
 For financial abuse:
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• Adult Protective Services contacts law
enforcement immediately or as soon as
practical.
• Law enforcement coordinates with Adult
Protective Services to investigate and to
gather evidence.
Cross-Reporting (Cont.)
 Adult Protective Services response to law
enforcement:
• Responds to law enforcement requests for Adult
Protective Services presence at in-field
investigations immediately or as soon as practical.
 Adult Protective Services:
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• Office is open 8 a.m. to 5 p.m. daily. After hours, on
weekends, and holidays, an on-call worker is
available.
• On-call worker or supervisor responds to after
hours pages from law enforcement.
• Provides contact information for the on-call worker
and supervisor.
Cross-Report, Animal Control
 Adult Protective Services cross-reports:
• To Animal Control, if elders or disabled
adults cannot care for an animal.
 Animal Control should report
questionable animal neglect cases to
Adult Protective Services.
A new challenge!
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Other
Services
Public Administrator
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 Investigates and may administer the estates of
persons who die with no will or without an appropriate
person willing or able to act as administrator.
 Protects decedent’s property from waste, loss, or
theft.
 Makes appropriate burial arrangements.
 Conducts thorough investigations to discover all
assets.
 Ensures the estate is administered according to the
decedent’s wishes.
 Pays decedent’s bills and taxes, and liquidates
assets.
 Locates persons entitled to inherit from the estate.
Public Conservator/Guardian
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 Case management, including
placement services.
 Estate administration,
including money management
and representative payee
services.
 Court appearances and
reports.
 Real and personal property
management and
safeguarding.
 Arrange health and/or mental
health services as needed.
Probate Conservatorship
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 Found by the court to be unable to properly
care for themselves or their finances, or
persons who cannot resist undue influence or
fraud. This person is usually a frail, older,
vulnerable adult.
 The conservator manages the client’s
finances, locates and takes control of the
assets, collects income due, pays bills, invests
the client’s money, and protects the assets.
 Superior Court reviews requests for sale of
major property items and the Public
Conservator’s Office submits regular
accountings on the conservatees for the
Court’s review.
Lanterman/Petris/Short (LPS)
Presenting problem is:
 Mental illness and prevents the person
from providing for their basic needs:
food, clothing, shelter.
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• Conservator arranges for client’s care and
protections.
• Determines where he/she will live (least
restrictive environment).
• Makes appropriate arrangements for health
care, housekeeping, transportation, and
recreation.
Lanterman/Petris/Short (Cont.)
Presenting problem is:
 Danger to self or others (suicidal or homicidal).
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• Referred to Mental Health.
• Places client on a 72-hour hold (5150).
• If a Temporary Conservatorship is pursued through
Superior Court, the hold is extended to 14 days with
an “ex parte” hearing before a judge pro tem at the
Marie Green facility.
• A full hearing is held within 30 days.
• Public Defender represents the individual.
• County Counsel represents the Agency.
Module 5
Elder Abuse & Neglect (Rev. 3/16/07)
Presented by:
Merced County
Human Services Agency
Contact Information:
Family Violence Protocol
#5 Integrated Training for Law Enforcement,
Social Services, and Advocates