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Ten Tips for Judicial Training on Elder Abuse. Honorable John E. Conery District Court Judge 16 th Judicial District Court, State of Louisiana. Tip 1: Determine Definition of Elder Abuse . Definitions vary Specific “elder abuse” statute Falls under “vulnerable adult” statute
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Ten Tips for Judicial Training on Elder Abuse Honorable John E. Conery District Court Judge 16th Judicial District Court, State of Louisiana
Tip 1: Determine Definition of Elder Abuse • Definitions vary • Specific “elder abuse” statute • Falls under “vulnerable adult” statute • Can include disability • Can include physical, emotional, sexual, financial, neglect or abandonment, or self-neglect • Civil or criminal penalties
Tip 2: Define Your Audience • Consider judges from all types jurisdiction courts as a possible audience for training, including but not limited to: • Traffic, domestic violence, family law, guardianship, criminal and civil • Magistrates, hearing officers, court referees and commissioners • Both trial court and appellate court judges should receive training
Tip 3: Get to Know Your Audience • Consider doing a needs assessment • Current level of knowledge on elder abuse • Issues presenting challenges before the Court • Type of court jurisdiction • Topics they need more info on • Develop measurable learning objectives for training • Plan to measure learning at end of training
Tip 4: Plan an Elder Abuse Judicial Seminar • Request your State Judicial Educator or Training Director coordinate planning • Determine block of time available • If limited, suggest 1-3 hour block on upcoming judicial training • If available, suggest 1-2 day more in-depth training • Integrate interactive learning – roundtable discussions, small group exercises, videos, scenarios, etc.
Tip 5: Identify Content and Materials • Research available program agendas from other state or national programs • Request materials from other programs identified • Incorporate pertinent statutes and case law • Highlight promising practices – e.g., Elder Justice Centers, Elder Protection Court, Elder Protection Orders, etc.
Tip 6: Use Trained Judges as Faculty • Use trained judges for specific topics and/or to lead group discussions where possible • Develop structure of training as a potential “Train the Trainer” seminar • Include judges from all types of court jurisdiction – elder abuse cuts across all of them
Tip 7: Focus on the Following Topics Elder Abuse Training should include segments on at least the following suggested topics: • Definitions of Elder Abuse and overview • Prevalence of Elder Abuse and need for judicial recognition and intervention • The aging process, capacity, competency and consent • Typical perpetrators and victims • Possible causes and danger signs
Tip 7: Focus on the Following Topics (cont’d) • Caregiver stress • Power and control dynamics similar to domestic violence • Undue influence • Cultural issues, judicial bias and proper judicial demeanor • Courtroom and courthouse accommodations • Judge as catalyst for community resource co-ordination
Tip 8: Select Final Topic(s) • Use needs assessment results and time available for training to guide final selection(s) • Determine scope of focus for training • For example, elder abuse issues, elder financial abuse issues or both • General overview or specific topics • Consider type of other faculty and expertise needed – medical, prosecution, victim services, etc.
Tip 9: Evaluate and Revise Training • Develop a training evaluation tool to measure learning as a result of training • State judicial educators can provide examples • Ask what worked, suggested improvements to increase learning, additional resources, etc. • Collect completed evaluations at point of training • Use results to revise and improve training
Tip 10: Stay Informed • Emphasize importance of judicial training - as aging population increases, caseloads will increase • Advocate for institutionalized judicial training on elder abuse • Encourage passage of Elder Justice Act in Congress and access resources that may become available
Resources and Links • National Center for State Courts: www.ncsconline.org • The Center for Elders and the Courts for updated information and resources for courts • CourTopics on Elder Abuse: http://www.ncsconline.org/WC/CourTopics/ResourceGuide.asp?topic=EldAbu • National Center on Elder Abuse: www.ncea.aoa.gov • National Council on Juvenile and Family Court Judges: www.ncjfcj.org
Tip 6: Invite All Judges • Elder Justice Issues cut across practically every possible court jurisdiction including but not limited to, traffic, domestic violence, family law, guardianship, criminal and civil • It is recommended that all Trial and Appellate Judges receive training