NASCLA Resources Committee Elderly Abuse Prevention Program Developing a national model for state boards
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About Elder Abuse
Approx. 40 million seniors ages 65+ (2010 Census) ◦ California= 4.2 million; Florida = 3.3 million; New York & Texas = 2.6 million
Seniors have higher rates of homeownership, own older homes, and are less likely to perform repairs themselves. In 2000, estimates of reporting financial exploitation was 1 in 25 cases, suggesting 5 million victims each year. 2
Why the Elderly Are Targets
Seniors are more likely to: ◦ ◦ ◦ ◦ ◦
Be home during the day Be females living alone Be too trusting of door-to-door solicitors Be homeowners with physical/mental limitations Have large amounts of cash on hand or readily accessible funds ◦ Be less likely to take action against fraudulent home improvement contractors ◦ Be in fear of being taken from their homes and placed with family or in a senior facility 3
At-Risk Characteristics Trust Predictability Assets Inexperience Loneliness
Embarrassment Independence Physical Impairments Death
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Defining Elder Abuse
Types of abuse ◦ ◦ ◦ ◦ ◦ ◦
Physical Sexual Emotional or psychological Neglect / Self Neglect Abandonment Financial or material exploitation
Theft by false pretenses Diversion of funds Burglary Identity theft 5
State Laws
General State Law Categories: ◦ Adult protective services
All 50 states have enacted legislation Establishes reporting and investigation of elder abuse Pertains to abused adults who have disability, vulnerability, or impairment as defined by law.
◦ Institutional abuse ◦ Long-term care ombudsman program
Other jurisdictions with laws: ◦ ◦ ◦ ◦
Domestic violence / family law Guardianship / conservatorship General or durable powers of attorney State regulations and/or policies 6
Example of State Laws
California
◦ Welfare & Institutions Code – Elder Abuse and Dependent Child Protection Act Provides for mandatory and voluntary reporting and for prosecution of cases and penalties for violations
◦ Penal Code Section 386
Makes elder and dependent abuse a crime and covers physical mental suffering as well as financial abuse Penalty can be charged as misdemeanor or felony 7
Example of State Laws
Nevada ◦ NRS 193.167 Crimes of murder, attempted murder, assault, battery, kidnapping, robbery, sexual assault, embezzlement Imposes an additional criminal charge of time served in county jail if the crime is a misdemeanor or gross misdemeanor Prescribes 1-20 year sentence if crime is a felony 8
Federal Laws
Older Americans Act
◦ Provides definitions of elder abuse ◦ Authorizes the use of federal funds for the National Center on Elder Abuse and certain elder abuse awareness and coordination activities in states and local communities
Make funds available for shelters and services for child abuse/domestic violence victims No comparable laws for enforcement of elderly abuse 9
Why the Contractors Board? HEALTH, SAFETY, & WELFARE Vulnerability of the elderly population Elevating cases that go beyond scope of contracting issues Educate, outreach, & raise awareness Involving external partners Increase in senior population = increased need for home repairs, construction projects
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Purpose for a Model Program
Offer state’s guidelines of best practices
Provide outreach and educational ideas and materials
Ensure consistent messaging nationwide
Establish a toolbox of resources, examples from states, and opportunities for program growth 11
Program Components
How to identify & respond to elder abuse ◦ ◦ ◦ ◦
Clear definition; knowing what to look for Understanding the laws & remedies Investigator trainings Communicating with affected senior(s)
Partnering strategies
Outreach & educational efforts
◦ Knowing the role of your partners ◦ Building relationships for improved processes ◦ Engaging them to become invested in the issue ◦ Proactive & reactive approaches
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General Program Outline
Program component
◦ List of best practices for recommended inclusion List of toolbox items/templates for states to use
EXAMPLE: Outreach/education to seniors
◦ Keep messaging clear and concise ◦ Offer information on senior scams ◦ Provide streamlined tips and suggestions for using licensed contractors Sample brochures Senior bulletin ideas Suggestions for senior seminar topics – Power Point templates, handouts, etc.
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Next Steps Identify program components Brainstorm best practices Select the items necessary or available to place in the toolbox Discuss next steps to move closer to finalizing the model program.
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