& neglect

1. 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)

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 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.

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 (209) 385-3105 • After 5 p.m. on weekdays, Saturdays, Sundays, and Holidays call (209) 722-9915

7. Our Mission, Values, & Goals • 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.

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: • Client’s 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 one’s 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 • 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.

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 Bill1018, 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 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.

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 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.

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 client’s 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