Elder Rights & Elder Justice

1. Elder Rights & Elder Justice Mary Lynn Kasunic President & CEO Area Agency on Aging, Region One Phoenix, AZ Older Americans Act Reauthorization Listening Forum San Francisco, CA March 3, 2010

2. Older Americans Act of 2006 Title VII:Allotments for Vulnerable Elder Rights Protection Activities Subtitle A: State Provision Chapter 1: General State Provisions Chapter 2: Ombudsman Programs Chapter 3: Programs for Prevention of Elder Abuse, Neglect, and Exploitation Chapter 4: State Legal Assistance Development Program Subtitle B: Native American Organization and Elder Justice Provisions

3. Older Americans Act of 2006 Title I: Declaration of Objectives; Definitions (10) Freedom, independence, and the free exercise of individual initiative in planning and managing their own lives, full participation in the planning and operation of community-based services and programs provided for their benefit,and protection against abuse, neglect, and exploitation.

4. Moving all or part of Title VII to Title III, as a new Title III-F, will place it where advocacy efforts are much more robust. • Elder abuse occurs in our local communities… • In older adults’ homes… • In neighborhood nursing homes and assisted living facilities. • Elder abuse is a localissue!

5. Title VII: Allotments for Vulnerable Elder Rights Protection Activities Subtitle A: State Provision Chapter 3: Programs for Prevention of Elder Abuse, Neglect & Exploitation • Public education and outreach • Promotion of financial literacy • Prevention of theft and financial exploitation • Coordination among Area Agencies on Aging, APS, law enforcement, and courts • Development of data collection systems • Identification of unmet service, enforcement and intervention needs

6. (continued) • Training of caregivers, professionals and paraprofessionals • Technical assistance to victims services • State statutes and administrative procedures • Development of model safe havens for victims • Support for multi-disciplinary elder justice activities • Establishment of State Coordinating Councils • Elder fatality and serious injury review teams • Development of best practices in long-term care facilities • Addressing underserved, rural, minority and low-income populations

7. Development of New Local Elder JusticeCommunity Collaborations • Pilot – 13 proposals, 4 organizations selected • Year 1 – 37 proposals, 10 organizations selected • Year 2 – 50 proposals, 10 organizations selected • Year 3 – 70 proposals, 12 organizations selected (in red)

8. Products Produced by Coalitions

9. Local Needs Identified by Elder Justice Community Collaborations Applicants (The) present level of awareness about elder abuse occupies much the same status as that of domestic violence 30 years ago: a family matter, something that was not a part of the public discourse, or even the public consciousness. - Family Violence Project, Augusta, ME It is vital for our community to develop new pathways for identifying and dealing with suspected elder abuse that would otherwise continue unrecognized and unabated. - Cayuga County Office for the Aging, Auburn, NY

10. (continued) The lack of an elder justice network has resulted in a communication gap between potential partners and collaborators, and there is a lack of knowledge of who does what. - West Central Florida Area Agency on Aging, Tampa, FL To effectively prevent elder abuse from occurring, a multi-disciplinary effort must be established, combined with a campaign to heighten public awareness. - Atlanta Regional Commission Area Agency on Aging, Atlanta, GA

11. (continued) Indigenous women experience the highest rate of violence of any women in the United States. 4 out of 5 Native women will experience a violent assault in their lifetime. - Wisconsin Native American Domestic Violence Coalition, Hayward, WI Anecdotal information from a brainstorming meeting with 10 community service providers about problems faced by immigrant elders indicated significant and culture-specific barriers that prevent elder abuse from being identified, understood, and ameliorated in immigrant communities. - The Institute on Aging, San Francisco, CA

12. (continued) In (Asian and Pacific Islander) communities where older adults tend to immigrate later in life and are sponsored by family members, there is often an expectation that the senior will contribute both their income and time to the household. In some cases, older adults become virtual slaves, with endless household and caregiving chores, and no means to interact with peers or engage in activities outside the home. - Asian & Pacific Islander Older Adults Task Force, Los Angeles, CA

13. Tribal Code to Address Elder Abuse TRIBAL CODE – CHAPTER 32: ADULT PROTECTION ACT SUBCHAPTER I: PREAMBLE 32.301 Authority. Article VII, Section 1(g) of the Constitution grants the Board of Directors the power to promulgate and enforce ordinances governing the conduct of persons within the jurisdiction of the Tribe. 32.302 Purpose. The purpose of this Chapter is to establish Tribal law to protect adults of the Tribe from abuse, neglect, self-neglect and exploitation. The Tribe honors, respects, and protects its adult membership. They are the custodians of Tribal history, culture, and traditions which are vital to our Tribal culture and enhance and enrich the lives of the entire Tribe. The interests of the Tribe, now and in the future, are advanced when our adults can be confident that they are protected from abuse, neglect, self-neglect and exploitation. This Chapter shall be liberally construed and implemented in the least restrictive manner to affect the purposes stated herein. 32.303 Policy. (1) Declaration of Policy. It shall be the policy of the Tribe that the dignity and self-reliance of the Tribe’s adults shall be acknowledged and respected by family members, the Tribal community, and employees of the Tribe. The rights of each tribal adult shall be protected. • Sault Ste. Marie Tribe of Chippewa Indians’ coalition developed • and got adopted by tribal leadership a Tribal Code for APS and • other agencies to follow on reservation properties.

14. The National Long Term Care Ombudsman Resource Center reports that 8,700 volunteers and 1,300 staff assisted 180,000 residents last year. The National Institute of Medicine states that there should be one paid ombudsman for every 2,000 beds. The Ombudsman Resource Center indicates that in many communities, there is only one ombudsman for every 4,000 beds.

15. If the Elder Justice Act does pass in 2010, it will have important benefits for the aging network and will represent the most comprehensive federal commitment to elder abuse prevention in history. - Bob Blancato, National Coordinator, Elder Justice Coalition

16. APS Service Coordination Program  Before After 

17. 10 Recommendations: • Transfer Title VII, in whole or in part, to Title III, as a new Title III-F. • 2. Include language in the new Title III-F to focus on locally-based activities. • Include specific language to continue the development of local elder justice community collaborations. • 4.Include specific language to develop more culturally appropriate outreach, education, and interventions for victims of abuse who are ethnic minorities, rural-residing, and special populations, such as LGBT seniors and elder refugees.

18. 10 Recommendations:(continued) • 5. Create a special initiative to assist all Title VI grantees to develop Tribal Codes that address elder abuse, where none exist. • Create a special initiative to develop safe havens, in the form of emergency and transitional housing, for older victims of abuse and domestic violence. • 7. Keep the Long Term Care Ombudsman program focused on long term care facilities; create a new Home and Community Based Ombudsman program, as needed.

19. 10 Recommendations:(continued) 8. Integrate the Elder Justice Act (when passed) with the Older Americans Act to establish multi-disciplinary approaches to addressing elder abuse. • Create models for promoting collaboration between Title III services and APS. 10. Continue to enhance legal assistance and encourage more legal services development. Mary Lynn Kasunic kasunic@msn.com