& neglect

1
neglect
module 5
Family Violence Protocol Integrated Training for
Law Enforcement, Social Services, and Advocates

• elder abuse

Merced County Human Services Agency
HSA-SAS mod5elder.ppt (6/07)
2
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
• Public Administrator
• Public Guardian and Conservator
• Probate Conservator
• Lanterman/Petris/Short Conservatorship

3
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.

4
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
• 6.3 million
• by 2020.

5
California Statistics (Cont.)

• The fastest growing segment of Californias
  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 Alzheimers
  disease.

6
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
  [phone]
• After 5 p.m. on weekdays, Saturdays, Sundays, and
  Holidays call [phone]

7
Our Mission, Values, Goals

• MissionTo build strong, healthy families, and
  improve the quality of life in our community.
• Statement of ValuesWe believe inself-determinat
  ion access to community services and activities
  and a safe and enriching personal environment.
• Adult and Aging GoalsSustain independent living.
  Strengthen ties to community services and
  activities. Promote a safe and healthy
  environment.

8
Services Available

• 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

9
Adult Protective Services
10
State of California Mandates

• Adult Protective Services must adhere to
• Clients right to self-determination.
• Services can be recommended to the client.
• If the adult has capacity Adult Protective
  Services are voluntary.

11
Abuse and Neglect?

• Abuse includes
• physical abuse
• sexual abuse
• psychological abuse
• financial abuse
• neglect
• violation of basic rights (such as reading ones
  mail)
• Self-neglect is also reportable.

12
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.

13
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.

14
Goal and Services

• GoalTo 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.

15
Investigation and Assessment

• Allegations of
• 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.

16
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.
• Note No Emergency Shelters are available for
  Alzheimer's clients.

17
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.

18
Reporting and Cross-Reporting
19
Mandated Reporters

• 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.

20
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
• 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.

21
Cross-Report, Law Enforcement

• Adult Protective Services cross reports
• To law enforcement when there is a crime
  suspected.
• All substantiated incidents.
• For financial abuse
• 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.

22
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
• 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.

23
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!

24
Other Services
25
Public Administrator

• 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 decedents 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 decedents wishes.
• Pays decedents bills and taxes, and liquidates
  assets.
• Locates persons entitled to inherit from the
  estate.

26
Public Conservator/Guardian

• 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.

27
Probate Conservatorship

• 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 clients finances,
  locates and takes control of the assets, collects
  income due, pays bills, invests the clients
  money, and protects the assets.
• Superior Court reviews requests for sale of major
  property items and the Public Conservators
  Office submits regular accountings on the
  conservatees for the Courts review.

28
Lanterman/Petris/Short (LPS)

• Presenting problem is
• Mental illness and prevents the person from
  providing for their basic needs food, clothing,
  shelter.
• Conservator arranges for clients care and
  protections.
• Determines where he/she will live (least
  restrictive environment).
• Makes appropriate arrangements for health care,
  housekeeping, transportation, and recreation.

29
Lanterman/Petris/Short (Cont.)

• Presenting problem is
• Danger to self or others (suicidal or homicidal).
• 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.

30
Module 5Elder Abuse Neglect (Rev. 3/16/07)
Presented by Merced County Human Services
Agency Contact Information
Family Violence Protocol Integrated Training for
Law Enforcement, Social Services, and Advocates