Elder Abuse Training for Law Enforcement

1. Office on Violence Against Women Elder Abuse Training for Law Enforcement Advocacy in Action Pre-conference April 2014

2. Welcome • Manny Overby, Instructor - New Mexico Department of Public Safety – Advanced Training Bureau • Susan l. Stinson, Assistant District Attorney – First Judicial District Attorney's Office • David Murphy, Assistant District Attorney - First Judicial District Attorney's Office • Katie Bridgewater –Program Coordinator - New Mexico Coalition of Sexual Assault Programs OVW, FLETC and NCALL (2012)

3. Elder Abuse Training for Law Enforcement Created by: • U.S. Department of Justice, Office on Violence Against Women (OVW) • Federal Law Enforcement Training Center (FLETC) • National Clearinghouse on Abuse in Later Life (NCALL) OVW, FLETC and NCALL (2012)

4. Training Goals As a result of this training, you will be able to: • Identify forms of elder abuse • Describe factors that influence an elder abuse investigation • Conduct effective elder abuse investigations to enhance victim safety and hold perpetrators accountable OVW, FLETC and NCALL (2012)

5. Key Training Points • Focus on victim safety • Be aware of and avoid assumptions • Recognize abuser tactics • Work collaboratively OVW, FLETC and NCALL (2012)

6. Introductions – Who’s in the room • Law Enforcement • Child Protective Services • Adult Protective Services • Juvenile Probation & Parole Officers • Adult Probation & • Parole Officers • Counselors • Social Workers • Advocates • Sexual Assault Coordinators • Prosecution – Attorneys & Victim Advocates OVW, FLETC and NCALL (2012)

7. Broken Trust: DotMaine Public Broadcasting Network OVW, FLETC and NCALL (2012)

8. Dot’s Case Agencies Involved • Social worker: Met Dot at a mental health agency • Health care: For in-home rehab • Law Enforcement • Bank: Dot’s daughter’s friend worked at the bank Not Involved • APS: Never contacted OVW, FLETC and NCALL (2012)

9. Dot’s Case: Outcome • Social worker: Provided support • Health care: Knew of abuse but did not report or help • Law Enforcement: • Interviewed Dot in her daughter’s presence • Told her how lucky she was to have a daughter who kept her at home rather than in a nursing home • No charges, investigation or prosecution • Bank: Helped the daughter get her name on Dot’s accounts Result: Dot lost everything including her home. OVW, FLETC and NCALL (2012)

10. Elder Abuse: Under the Radar For every one case of elder abuse that comes to the attention of a responsible entity. . . 1 another twenty three cases never come to light. 23 Source: NYS Elder Abuse Prevalence Study; Weill Cornell Medical College, NYC Department for the Aging; Lifespan; (2011)Slide courtesy of Life Long Justice OVW, FLETC and NCALL (2012)

11. Slide courtesy of Life Long Justice OVW, FLETC and NCALL (2012)

12. Dynamics of Elder Abuse Overview OVW, FLETC and NCALL (2012)

13. What is Elder Abuse? When an older adult experiences: • Physical abuse • Sexual abuse • Emotional abuse • Neglect • Financial exploitation (Any of the above may co-occur with each other) OVW, FLETC and NCALL (2012)

14. Statutes and Laws on Elder Abuse • Sentencing Enhancement within Hate Crime Act • NMSA 1978, section 31-18B-3 • When a separate finding of fact by the court or jury shows beyond reasonable doubt that an offender committed a noncapital felony motivated by hate, the basic sentence of imprisonment prescribed for the offense in Section 31-18-5 NMSA 1978 may be increased by one year. OVW, FLETC and NCALL (2012)

15. Statutes and Laws on Elder Abuse • Section 31-18B-2 As used in Hate Crimes Act: • A. “age” means sixty years of age or older • B. “motivated by hate” means the commission of a crime with the intent to commit the crime because of the actual or perceived race, religion, color, national origin, ancestry, age, handicapped status, gender, sexual orientation or gender identity of the victim, whether or not the offender’s belief or perception was correct OVW, FLETC and NCALL (2012)

16. Who are Victims of Elder Abuse? • Age: 60 and older • Gender: Majority of victims are female; but also older males OVW, FLETC and NCALL (2012)

17. OVW, FLETC and NCALL (2012)

18. Older Adults in Our Community • NM Adult Protective Services identifies an adult as any person 18 years or older. • For purposes of this training “elder” is defined as Age: 60 and older. • Gender: Majority of victims are female; but also older males OVW, FLETC and NCALL (2012)

19. Victim Indicators • Shows unexplained or sudden changes in behavior • Is afraid to speak in the presence of the offender • Is isolated • Signs of being restrained • Infections, pain, or bleeding in genital areas • Under or overmedicating an older adult • Leaving an older adult in feces, urine • Important possessions, documents, or credit cards are missing OVW, FLETC and NCALL (2012)

20. Who Commits Elder Abuse? • Intimate partners • Adult children and other family members • Caregivers • Others in positions of authority For this training, this definition excludes victimization by strangers. OVW, FLETC and NCALL (2012)

21. Suspect Indicators • Provides conflicting explanations about the older adult’s injuries • Isolates older adult • Controls and dominates the older adult • Portrays self as victim or the only caring person in older adult’s life • May be charming and helpful toward professionals OVW, FLETC and NCALL (2012)

22. Where Does Elder Abuse Occur? • Private residences • Public settings • Facility settings OVW, FLETC and NCALL (2012)

23. Environmental Indicators • Strong odors of urine and or feces • Lack of food • Locks outside of doors (to lock older individual in a room) • Damage to home caused by abusive behavior OVW, FLETC and NCALL (2012)

24. Dynamics of Elder Abuse Why does elder abuse occur and persist? OVW, FLETC and NCALL (2012)

25. How Are Older People Harmed? • Accidents • Well-intended caregivers • By persons with physical/mental health conditions who can’t control aggressive behavior • Elder abuse (intent) OVW, FLETC and NCALL (2012)

26. Why Does Elder Abuse Occur & Persist? • Greed • Power and control OVW, FLETC and NCALL (2012)

27. Wheel adapted by NCALL with permission from Domestic Abuse Intervention Project, Duluth, MN in 2006. OVW, FLETC and NCALL (2012)

28. Abuser Behaviors Abusers often: • Lie • Manipulate • Charm • Justify their behavior • Blame the victim and others OVW, FLETC and NCALL (2012)

29. Common Abuser Justifications Blames the Victim • “She’s clumsy.” (accident) • “She didn’t do what I wanted.” (victim’s behavior) • “She started it.” (mutual abuse) • “He hit me when I was a child.” (learned behavior) OVW, FLETC and NCALL (2012)

30. Common Abuser Justifications Abuser Excuses • “I have a problem with my temper.” (anger) • “I was drunk or high.” (substance abuse problem) • “I’m sick. It’s not my fault.” (physical or mental health issue) • “In my culture, elders share their resources.” (culture) • “He is too difficult to care for.” (caregiver stress) OVW, FLETC and NCALL (2012)

31. Caregiver Stress Emotions and feelings that some caregivers experience while assisting a person with medical needs or disabilities. OVW, FLETC and NCALL (2012)

32. Providing Care Can be Stressful • Sometimes the stress is overwhelming and may cause distress. • Signs of caregiver distress: overeating, lack of sleep, depression, substance abuse etc. OVW, FLETC and NCALL (2012)

33. Caregiver Stress and Abuse • Early research was based on abuser’s self-reports. • Subsequent research states caregiver stress is not the primary cause of elder abuse. OVW, FLETC and NCALL (2012)

34. Reframing Caregiver Stress and Abuse • Everyone experiences stress but most do not abuse. • Abusers target only the older adult – not others. • Abusers often use caregiver stress as an excuse to create sympathy for themselves. OVW, FLETC and NCALL (2012)

35. Breaking Point: NancyWise Owl Productions and Terra Nova Films OVW, FLETC and NCALL (2012)

36. Nancy (large group discussion) What did Nancy say to indicate that she was experiencing caregiver stress? OVW, FLETC and NCALL (2012)

37. Nancy: Stressed Caregiver Language (teach-behind) • She deteriorated when the incontinence got ahead of her. • She couldn’t sleep – up all night doing laundry. • She felt like she was in a squirrel’s cage. • She got suspicious, angry feelings that her mom was doing things on purpose. • She was expecting normal reactions from someone who was no longer normal. • She mentions considering killing herself. OVW, FLETC and NCALL (2012)

38. Nancy (large group discussion) What did Nancy say to indicate that abuse was occurring? OVW, FLETC and NCALL (2012)

39. Nancy: Abuser language (teach-behind) • Grabbed mom’s face • Shook her • Told her mom that her brain was like a sieve • Threatened to put mom in a nursing home • Used a flat hand and not her fist • Hit mom on the back so no one would see • Afraid to take mom to the doctor • Afraid of prosecution • “The first time I hit my mom” OVW, FLETC and NCALL (2012)

40. Nancy (large group discussion) • Would you investigate Nancy? • If yes, for what crime(s)? OVW, FLETC and NCALL (2012)

41. Nancy (large group discussion) If Nancy were describing caring for her four year-old grandson in this manner, how would your response differ? OVW, FLETC and NCALL (2012)

42. Outcomes if Abusers’ Justifications are Believed Without Further Investigation • Offenders are not held accountable. • Message to abusers – do whatever you want with no consequences. • Providing abusers with services to address stress, anger, or substance abuse does not deal with power and control or greed. • Victims may not reach out for help again. • Victim safety is not addressed. OVW, FLETC and NCALL (2012)

43. Break 10-Minute Break OVW, FLETC and NCALL (2012)

44. Factors Affecting Elder Abuse Investigations Overview OVW, FLETC and NCALL (2012)

45. Remember Officer Safety • Do not discount danger level. • Older adults may be violent, living with violent people, or have vicious animals. • Weapons may be present. • Residences may be unsafe or hazardous. OVW, FLETC and NCALL (2012)

46. The Investigation Begins… • Responding to a report of elder abuse • Responding to a medical call • Conducting a welfare check • Investigating another crime • Responding to an APS referral • Responding to a reported death OVW, FLETC and NCALL (2012)

47. Unattended Death • Do not assume death is result of natural causes or accidental because victim is older adult or death certificate has been signed. • Investigate as homicide until evidence proves otherwise. OVW, FLETC and NCALL (2012)

48. Factors Affecting Elder Abuse Investigations • Common issues: time, resources, evidence • Concurrent investigations • Communication with older adults • Challenges older victims face when seeking safety & justice OVW, FLETC and NCALL (2012)

49. Factors Affecting Elder Abuse Investigations Concurrent investigations OVW, FLETC and NCALL (2012)

50. Who Might be Involved Advocates Aging Network Faith Leaders Health Professionals Adult Protective Agencies Friends Private Law Firm Family Ombudsman OVW, FLETC and NCALL (2012)