June 2005 | Volume 7 | No. 8

Policy & Legislation

Violence Against Women Act 2005 Introduced

On June 8, Senators Joseph Biden (D-DE), Orrin Hatch (R-UT) and Arlen Specter (R-PA) introduced the Violence Against Women Act (VOWA) of 2005.

In a statement announcing the introduction of the bill, Senator Biden, author of the landmark Violence Against Women Act of 1994 and VAWA 2000, called the legislation "critical to ensuring the safety and well being of our nation's women and children."

"This law helps victims of violence pick up the pieces of their lives and move forward and prevents tragedies from occurring in the first place," echoed Senator Hatch. "We have made substantial progress over the past decade, but we are by no means finished."

Importantly, the proposed new legislation would authorize the Sexual Assault Services Act, the first funding that focuses exclusively on 24-hour emergency and support services to victims of sexual violence.

The Act is scheduled to expire this fall. The reauthorization bill now goes to the Judiciary Committee where it must be approved before being voted on by the full Senate. Bipartisan leaders are expected to introduce a House version shortly, according to the National Task Force to End Sexual and Domestic Violence Against Women.

A summary of VAWA 2005 provisions is available online at >> http://www.vawa2005.org/


House Appropriation Subcommittee Completes Mark Up of FY 2006 Spending Bill

On June 9, the House Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies (Labor HHS Ed) completed the mark up of its fiscal year 2006 spending bill.

As it currently stands, the bill provides $19,360 million for Title VII Vulnerable Elder Rights Protection Activities under the Older Americans Act, which represents an increase of $72,000 from FY 2005.

In addition, the bill carries $125,991 million in funding for Family Violence/Battered Women's Shelters administered by the U.S. Administration for Children and Families, an increase of $361,000 above FY 2005.

The Social Services Block Grant (SSBG, Title XX of the Social Security Act), which provides the only direct federal funding source for Adult Protective Services, would receive $1.7 billion, the same as the FY 2005 level.

On the Internet >> FY 2006 Labor HHS Ed Subcommittee Mark Up http://appropriations.house.gov/_files/LHSCMark.pdf


Public Comment Sought on Criminal Background Check Policy

The Department of Justice (DOJ) published a notice in the June 6th Federal Register inviting public comment on policies and procedures for conducting criminal history background checks for non-criminal justice purposes, such as licensing and employment. DOJ asks specifically for comment on:

  • The uses of commercial and state databases as a supplement to the FBI's Integrated Automated Fingerprint Identification System - IAFIS  www.fbi.gov/hq/cjisd/iafis.htm
  • Privacy rights and other employee protections.
  • Fees charged and who should pay such fees.
  • Requirements for handling of incomplete records.
  • Circumstances under which criminal history information should be disseminated to an employer.
  • Restrictions on handling of criminal history information.
  • Response time requirements.
  • Any infrastructure that may need to be developed to support the processing of such checks.
  • The role states should play.

Deadline: August 5, 2005

Federal Register Notice >> http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/05-11147.htm


2005 WHCoA Announces Appointments of State Delegations

On June 1, the White House Conference on Aging (WHCoA) announced the names of the state delegates selected to participate by the Governors, Members of Congress, and the National Congress of American Indians. A state-by-state listing of the WHCoA state delegations can be found at >> www.whcoa.gov/press/releases/releases.asp

Background


State News

Texas: Governor Signs Protective Services Reform Bill

On June 7, Texas Governor Rick Perry signed into law a much-awaited adult protective services bill, significantly overhauling the state's adult and child protective services system. The bill increases the Adult Protective Services (APS) budget by $34 million, adding 144 new caseworkers over the next two years. In addition, it reduces APS caseloads from 35 to 28 per worker by 2007.

The reforms in this legislation also:

  • Require the creation of Special Task Force Units in large counties to investigate especially complex APS cases.
  • Require a study of the feasibility of localities providing APS services (instead of the state providing these services).
  • Allow APS to intervene when there is an imminent threat of abuse.
  • Require all private professional guardians to be certified.
  • Require mandatory training for APS.
  • Require a quality assurance program for APS, to include client-centered outcome measures for intake, investigations, risk assessment determinations, and delivery of protective services.
  • Require the development of risk assessment criteria.

Legislation Online >> SB 6, Article 2 Adult Protective Services  www.capitol.state.tx.us/tlo/79r/billtext/SB00006F.HTM


SOURCE: "Protective Services Reform Plan Sent to Governor," Sen. Jane Nelson, R-Dist. 12, 29 May 2005 www.senate.state.tx.us/75r/senate/members/dist12/pr05/p052905a.htm


Kentucky: Emergency Elder Abuse Legislation Signed into Law

Kentucky Governor Ernie Fletcher has signed emergency legislation designed to protect the state's most vulnerable citizens against elder abuse. Most significantly, the new law:

REPORTING

  • Requires notice to law enforcement within 24 hours upon receipt of a report and immediate notice when an emergency circumstance or a potential crime occurs.

INVESTIGATION

  • Specifies that APS shall be allowed access to financial records in an active investigation.
  • Encourages counties to develop protocols for adult abuse investigations.

PROSECUTION

  • Expands the prosecutorial duties of county attorneys. Requires prosecutors to have an attorney trained in adult abuse and one lead prosecutor for adult abuse cases, if adequate personnel are available.
  • Requires prosecutors to minimize the involvement of victims in court when possible, thus protecting victims from further trauma.
  • Requires prosecutors' offices to make appropriate referrals when a case is not prosecuted.

MANDATORY TRAINING

  • Requires and specifies mandatory basic and professional training for prosecutors, law enforcement, courts, victim advocates, and social workers.

Legislation Online >> HB 298 Adult protection/elder abuse neglect and exploitation  www.lrc.ky.gov/record/05rs/HB298.htm


Promising Practices Spotlight

State Spotlight: Minnesota's Vulnerable Adult Tracking and Reporting System

Minnesota Aging and Adult Services has recently embarked on a very impressive initiative that could very well serve as a model for better understanding the extent of elder abuse/elder maltreatment. A key priority of this state initiative is to create a comprehensive, proactive system for tracking incidents of abuse, neglect, and exploitation occurring in the home, institutions, and community.

According to Jolene Kohn, the project's director, the goal is to give the state a more accurate picture of vulnerable abuse occurrence throughout all of the state's long term care support systems. While the data have "always been there," up until now, the many different data sources that the state relies on have not been fully integrated, she said, explaining the rationale. The level of detail can also vary widely, she noted.

"It's really been a lot of cobbling together," Kohn said in an interview with NCEA, adding that as many as "40 percent of locally investigated reports involve allegations that would not be subject to state agency investigation (caregiver neglect, for instance, and self neglect).Those reports have not in the past come through."

Information Systems Vary Widely

In Minnesota, Adult Protection is a county function. As part of the initiative, the state contracted last year with a survey firm to conduct a best practice survey of states that had similar systems or were known for their progressive approach to APS. The states surveyed included California, Colorado, Kansas, Ohio, Oregon, Pennsylvania, Washington, and Wisconsin. Among the findings:

  • There is significant variability in the types of information systems that states use for APS.
  • In states that do not have a current statewide information system, county APS agencies have detailed information but the states typically only have aggregate data. Where statewide APS information systems are deployed, the state can track specific cases, evaluate program effectiveness, and make comparisons between APS agencies.
  • Typically, there is even variation in the reporting processes for incidents that occur in the community versus in a facility, which adds another level of complexity to these systems.
  • States have difficulty tracking outcomes, and as a result they cannot be sure if their programs have a positive impact on vulnerable adults. Statewide information systems that maintain client-specific information enable detailed monitoring and outcome tracking of APS events.
  • Vulnerable adult abuse reporting systems vary according to circumstances — one "size" does not fit all.

Under the New System

When Minnesota's new tracking and reporting system is put into effect, Kohn foresees that state officials will have a much better and far more consistent set of data about the numbers of investigations and adjudications; the alleged perpetrators and their relationships with victims; patterns of incidents and associations the data reveal (such as how many times a victim's or perpetrator's name has been reported or linked); the types of abuses incurred; and the services provided.

"Ultimately, what I envision about this is that we'll know a lot about the kind of incidences that will be reported, the people who will likely be referred as a victim - and, of those incidences, what that referral break out will look like," Kohn said.

The project started in October 2003, and a test of the new statewide tracking system is slated to begin this summer through a partnership of the Minnesota Department of Human Services' Disabilities Services and Information Technology Strategies divisions, the Quality Design Commission, the Minnesota Board on Aging, the Minnesota Department of Health Office of Health Facility Complaints, and county-level Adult Protection units.

Information sharing will extend across agencies and include the state's Adult Protection units via secured links to Web-based data submission, the Office of Health Facility Complaints, and the Office of Ombudsman for Older Minnesotans.

The plan is to make the business analysis, systems design, and implementation plans available to other states who may be interested in building a Quality Assurance/Quality Improvement (QA/QI) information system, including the design of the Vulnerable Adult Tracking and Reporting system.

This initiative is funded under a Real Choice Systems Grant from the Centers for Medicare & Medicaid Services. For more information, contact Jolene Kohn, Strategic Planning Specialist, Minnesota Department of Human Services, Aging and Adult Services, (651) 297-3805, [email protected], www.dhs.state.mn.us/main/groups/aging/documents/pub/dhs_Aging.hcsp


State / Local Strategy: Coalition of Wisconsin Aging Groups' Elder Financial Exploitation Project

For the past three years, the Coalition of Wisconsin Aging Groups' Elder Financial Exploitation Project has been working diligently to protect senior victims of financial exploitation. An initiative of the Coalition's Elder Law Center, the aim is to educate the public and help victims get the information and legal support they need.

"This project [is built around] a helpline directly helping victims and family members recover from crimes," says attorney John Hendrick, who leads the project. Over the past year, the project has served approximately 250 unduplicated clients.

The project's legal helpline is staffed 8 A.M. to 5 P.M. weekdays. In addition, the project provides limited emergency legal representation to victims on such issues as revoking a power of attorney for finances. It also helps victims navigate the criminal justice system; advocates for crime remedies; prepares victim impact statements; and provides community education. In some cases, it will intervene and negotiate directly with creditors.

Most importantly, all of the project's services are free and available to any Wisconsin resident 60 years of age or older. The project has available a volunteer panel of financial experts (attorneys, bankers, and accountants) who can provide direct assistance to victims in their communities.

For others, the project has published a series of publications answering questions frequently asked by both professionals and consumers. Among the subjects covered: Criminal Prosecution of Elder Financial Exploitation; Attorney's Tool Kit: Elder Financial Exploitation; and Financial Abuse in Regulated Facilities and Programs.

Hendrick has been pleased with the success of the project, yet he says there are also challenges. "Financial exploitation is not taken as seriously as it should be – it is often considered simply a civil matter or a family matter," Hendrick explains. "It often is a family matter, but that doesn't mean it isn't a serious crime."

Major funding for this project comes from the U.S. Department of Justice, Office for Victims of Crime. For more information, contact John Hendrick at (608) 224-0606, [email protected].

Further details are available at >> www.cwag.org


Calendar/Coming Up

CONFERENCES

July 9-13, 2005

Boomers in Transition: Coming of Age in 2006

n4A 30th Annual Conference
DoubleTree Hotel Bellevue
Bellevue, Washington

Sponsored by the National Association of Area Agencies on Aging (n4A), sessions of interest for elder rights advocates include:

  • "Miles to Go Before We Sleep: Mobilizing the Community in the Fight Against Vulnerable Adult Abuse." Presenter: Page Ulrey, Senior Deputy Prosecuting Attorney, Elder Abuse Project / King County Prosecutor's Office, Seattle, WA.
  • "National Center on Elder Abuse Local Network Development Project." Presenters: Bob Blancato, President, National Committee for the Prevention of Elder Abuse, Washington, DC; and Mary Lynn Kasunic, President & CEO, Area Agency on Aging, Region One, Phoenix, AZ.

Agenda and Online Registration >> http://www.n4a.org/2005conf/bellevue2005.cfm

. . . . . . . . . . . . . . .

September 16-21, 2005

2005 International Conference on Family Violence

Town & Country Hotel and Convention Center
San Diego, California

Sponsored by the Family Violence and Sexual Assault Institute, the conference covers all aspects of family violence prevention, including elder abuse.

More Info >> www.fvsai.org/

. . . . . . . . . . . . . . .

Call for Best Practices Presentations

16th Annual National Adult Protective Services Association (NAPSA) Conference
October 12-14, 2005
Salt Lake City Marriott City Center
Salt Lake City, Utah

The NAPSA Conference Committee invites "Show and Yell" presentation outlines that address adult protective services and/or elder abuse in a variety of settings.

Presenter's Deadline: August 5, 2005

Conference Registration Deadline: September 12, 2005

Call or e-mail to request a conference application package >> (720) 565-0438, [email protected]

. . . . . . . . . . . . . . .

Check our Web site often for more dates and events
elderabusecenter.org/default.cfm?p=conferencesevents.cfm


NCEA News & Resources

Interagency Collaboration through the Use of Memoranda of Understanding

by Sharon Merriman-Nai, Clearinghouse on Abuse and Neglect of the Elderly

In response to frequent requests about formal protocols and agreements among agencies that collaborate on elder abuse investigation, NCEA recently began to collect examples of "Memoranda of Understanding" (MOU) that individual states and localities have negotiated.

MOUs are written guidelines that spell out the interests and responsibilities of various parties in working together towards a common goal.

We want to thank those of you who responded to our request for copies of MOUs. So far, we have obtained examples from nine states. Many of these have already been entered into the CANE database. You can view brief abstracts of these documents by using the new "Memorandum of Understanding/MOU" button in the left margin of the CANE home page at http://db.rdms.udel.edu:8080/CANE/index.jsp

CANE is not distributing the MOUs, but each description in the database contains contact information for those interested in obtaining sample copies.

This is an ongoing project, and we suspect that there are many other agencies that have MOUs. We would like to include your protocols in this collection. If you haven't already sent us a copy of your MOUs, or if you have developed additional or revised protocols, please forward them to CANE by email at [email protected], or by fax to (302) 831-6081.


MOU at a Glance: Seminole County, Florida

State Attorney, Chiefs of Police, and Adult Protective Services Agreement on Investigation of Crimes Against the Elderly

This protocol was drafted in 2002 by the State Attorney's Office Elder Services Unit of Brevard and Seminole Counties, Florida Department of Children and Families Adult Protective Services, Seminole County Sheriff's Office, and 12 municipal police departments.

According to the MOU:

"The purpose of the Memorandum of Understanding is to coordinate adult protective services in Seminole County through cooperation, collaboration, and the sharing of appropriate information by agencies within this jurisdiction. Specifically, this agreement establishes operational protocols for the joint investigation and prosecution of elder and disabled abuse, neglect, and exploitation reports involving criminal allegations. ..."

The agreement provides a framework for the joint investigation of cases of criminal elder abuse, and sets out, point by point, when and where a law enforcement agency steps in, and how partners under this MOU are to work together.

The MOU also sets forth understandings about the referral of reports, interagency staffing of major cases, cross-training on various aspects of elder abuse investigation, and prosecutorial protocols.

For additional information, please contact Jerri Collins, Assistant State Attorney, Seminole County State Attorney's Office, Elder Services Unit, 101 Bush Boulevard, P.O. Box 8006, Sanford, FL 32772, [email protected], (407) 665-6000

See State Attorney's press release from 2/13/02 >> http://sa18.state.fl.us/board/press35.htm


Join Our Listserve

Sign up today for
The National Center
On Elder Abuse Listserve.

See our Web site for details.
http://www.elderabusecenter.org/default.cfm?p=listserve.cfm


On the Front Lines

Kansas Facts & Stats1

  • In FY 2004, Kansas Adult Protective Services conducted 6,345 investigations of vulnerable adult/elder abuse and neglect, a slight increase from the previous year's investigative caseload of 6,261.
  • The Kansas Department of Social and Rehabilitation Services maintains a statewide registry identifying, after due process, confirmed perpetrators of adult abuse, neglect, exploitation or fiduciary abuse. Between July 1997 and November 2003, the registry listed 1,026 individuals as confirmed perpetrators.
  • As of May 12, 2005, the Kansas Nurse Aide Registry listed 724 confirmed perpetrators of abuse, neglect, or exploitation.
  • The most common criminal convictions that prohibit a person from working in an adult care home or home health agency are 1) aggravated assault; 2) aggravated battery; 3) felony robbery; 4) sexual battery; 5) indecent liberties with a child; and 6) criminal threat, according to state records.
  • The most common convictions which do not result in prohibition are 1) theft; 2) giving a worthless check; 3) driving under the influence; 4) vehicle or traffic violation; 5) battery; 6) driving while license is cancelled or revoked; 7) felony drug convictions.

Sources: Kansas Department of Social and Rehabilitation Services, Integrated Service Delivery Division Business Plan, January 2005 srskansas.org/2005_BusinessPlan/ISDBusPlan_Overview.pdf; United Way of Greater Topeka unitedwaytopeka.org/partners/success4life/success4life-safety_c.shtml; Kansas Nurse Aide Registry. List of Individuals with Findings of Abuse, Neglect, or Exploitation, 12 May 2005; www.kdhe.state.ks.us/hoc/abuse_neglect_exploitation/index.html; Kansas Department of Health and Environment, Update Newsletter, May 2005 www.kdhe.state.ks.us/hoc/info_update.html

1The statistics highlighted in this column are gathered from a variety of state-specific data sources and should be cited using the sources referenced. Readers should note that elder abuse incidence and prevalence rates vary among states and differ depending upon the definitions used and state laws regarding reporting. The National Center on Elder Abuse cannot guarantee and assumes no responsibility for the accuracy or completeness of the information.


Kansas Online Resources

AGENCY SOURCES

Kansas Department on Aging  agingkansas.org/index.htm

Kansas Adult Protective Services  srskansas.org/ISD/ees/adult.htm

Kansas Attorney General's Office  accesskansas.org/ksag/Divisions/Medicaid/abuse.htm

Kansas Bureau of Investigation Criminal History Record Checks  www.accesskansas.org/kbi/criminalhistory/request_public.shtml

Kansas Nurse Aide Registry  www.kdhe.state.ks.us/hoc/

Elder Abuse Hotlines  www.kdhe.state.ks.us/bhfr/elder_abuse_hotlines.html

STATUTES

Protection from Abuse Act - Kan.Stat.Ann.§60-3101 through 60-3111  womenslaw.org/KS/KS_statutes.htm

Adult Protective Services - Kans.Stat.Ann.§39-1430 through 39-1442  www.srskansas.org/KEESM/KEESM05_01_05/keesm12000.htm#12000

Reporting Abuse, Neglect, or Exploitation of Adults - Kans.Stat.Ann.§39-140  www.kslegislature.org/legsrv-statutes/getStatuteFile.do?number=/39-1430.html

REFERENCES & RESOURCES

Adult Protective Services, Kansas Economic and Employment Support Manual  www.srskansas.org/KEESM/KEESM05_01_05/keesm12000.htm#12000


Research & Scholarship

"Aging, Subjective Experience, and Cognitive Control: Dramatic False Remembering by Older Adults"

by Larry L. Jacoby, PhD, [email protected], Anthony J. Bishara, PhD, Sandra Hessles, MA, and Jeffrey P. Toth, PhD, Washington University, St. Louis
Journal of Experimental Psychology, Vol. 134, No. 2 / May 2005

CONCLUSION
The memory function of people in their mid-60s and up is easily swayed by the power of suggestion, making them more vulnerable to memory-related scams. For example, an unscrupulous contractor can tell an older customer, "I told you it would cost [a much higher price than was originally quoted] and you agreed to pay!" Without a written estimate, the customer is likely to "remember" it that way, too, and be overcharged.

On the Internet >> http://www.apa.org/journals/releases/xge1342131.pdf


International: Singapore

"Comparison Between Male and Female Victims of Domestic Violence Presenting to an Emergency Department in Singapore"

by Chik-Loon Foo and Eillyne Seow, Tan Tock Seng Hospital, Singapore
Academic Emergency Medicine, Vol. 12, No. 5 / May 2005

STUDY AND RESULTS
Male domestic violence is a significant issue and deserves greater attention. Of the 149 victims of intimate partner violence surveyed in this study, roughly 10 percent were male. Proportions of older and college educated victims were significantly higher for males than females. Males were also more likely to face weapon assaults and suffer open wounds than were female victims. More than three-quarters of males surveyed reported previous abuse; similarly so for female victims.


To see abstracts of more published studies, visit the Clearinghouse on Abuse and Neglect of the Elderly at http://db.rdms.udel.edu:8080/CANE/index.jsp. For assistance, e-mail CANE at [email protected].


Trends & Statistics

Population Aging: Some Food for Thought …

  • About one in every eight Americans is now 65 or older. By 2030 about one in five will be over 65.
  • There are now roughly 35.9 million older Americans. Projections suggest that number will rise to 71.5 million in 2030, accounting for 20 percent of the population.
  • The proportion of state residents whose primary language is not English ranges from 1.7 percent in Kentucky to 38.8 percent in Hawaii. As the older population becomes more diverse, the proportions are expected to increase.
  • California had the highest number of people 65 and older (3.8 million) in 2004, followed by Florida (2.9 million), New York (2.5 million), Texas (2.2 million), Pennsylvania (1.9 million), Ohio (1.5 million) and Illinois (1.5 million).
  • The projections show that by 2025 the five states with the highest proportions of this age group will be Florida (26.3%), West Virginia (24.9%), Montana (24.4%), Oregon (24.2%), and Arkansas (23.9%).
  • In 2004, a majority (56%) of the nation's governors mentioned initiatives affecting older adults in their state-of-the-state addresses.

SOURCES: U.S. Administration on Aging, A Profile of Older Americans: 2004 (Released May 31, 2005) www.aoa.gov/prof/Statistics/profile/2004/2004profile.pdf; Federal Interagency Forum on Aging Related Statistics, Older Americans 2004: Key Indicators of Well-Being (November 2004) agingstats.gov/chartbook2004/population.html; U.S. Census Bureau, Census Bureau Estimates Number of Children and Adults in the States and Puerto Rico (March 2005) www.census.gov/Press-Release/www/releases/archives/population/004083.html; Center on an Aging Society, Georgetown University, Measuring the Years: State Aging Trends & Indicators, Washington, DC: National Governor's Association (August 2004) nga.org/center/databook04/


Funding Opportunities

U.S. Department of Justice: OVC

The Office for Victims of Crime (OVC) invites concept papers from the field for innovative initiatives that advance the nation's capacity to deliver crime victim services and support victims' rights. Proposals must be national in scope and replicable. Selected concepts may be chosen to receive funding in FY 2006.

Eligible are national and state nonprofit victim organizations, faith- and community-based organizations, public agencies (including federal, state, and local governments) with victim responsibilities, and tribal and non-governmental organizations.

Due Date: July 1, 2005 5 PM Eastern

More information is available at >> www.ovc.gov/fund/dakit.htm


Call for Proposals: WHO Sexual Violence Research Initiative
"Improving Sexual Violence Services"

With support from the World Health Organization's Global Forum for Health Research, the Sexual Violence Research Initiative (SVRI) seeks to promote and disseminate action-oriented research to reduce and respond to sexual violence.

The purpose of this call for proposals is to facilitate the process of strengthening research partnerships and proposal development in the field of sexual violence. Seed funding will be provided to successful applicants to support activities related to the development of a joint proposal such as a meeting among partners to finalize a proposal and, in special cases, limited field testing/piloting needed to prepare a compelling proposal for funding.

At least one partner must be a non-governmental organization (NGO) with a gender and woman-centered perspective. Funding is expected to be in the $10,000 to $40,000 range.

Deadline: July 8, 2005

Download RFP >> www.who.int/svri/en/RFPposted.pdf

More information about the Initiative is available at >> www.who.int/svri


Recommended Reading
Integration of the Human Rights of Women and the Gender Perspective: Violence Against Women
Yakin Etük (Turkey), United Nations Economic and Social Council / 26 December 2003
www.unhchr.ch/Huridocda/Huridoca.nsf/TestFrame/b0ec728d91b871d8c1256e610040591e?Opendocument


Resources for Grant Writers


In Brief

2005 Rosalie Wolf Award Winners

Georgia Anetzberger Honored with 2005 Rosalie Wolf Memorial Elder Abuse Prevention Award

"Thoughtful and humble, intellectual and articulate, collaborative and accessible, Dr. Anetzberger is held with the utmost respect in the elder abuse community."

— National Committee for the Prevention of Elder Abuse

Dr. Georgia J. Anetzberger has been named winner of the 2005 Rosalie Wolf Memorial Elder Abuse Prevention Award by the National Committee for the Prevention of Elder Abuse and Family Violence and Sexual Assault Institute.

Dr. Anezberger is a member of the University Graduate Faculty for Health Care Administration at Cleveland State University and Adjunct Assistant Professor of Medicine at Case Western Reserve University.

The award, created in 2002 in memory of Dr. Rosalie Wolf, founding director of the National Committee for the Prevention of Elder Abuse and the International Network for the Prevention of Elder Abuse, recognizes outstanding contributions to the cause of elder abuse prevention.

. . . . . . . . . . . . . . . . .

Dr. Gloria Gutman to Receive International Rosalie Wolf Memorial Award

The International Network for the Prevention of Elder Abuse (INPEA) announced that Simon Fraser University Professor Gloria Gutman has been named the 2005 recipient of the International Rosalie Wolf Memorial Award, which is given annually for contributions to the global elder abuse community.

Dr. Gutman, president of the INPEA and a member of the World Health Organization's Expert Advisory Council on Aging and Health, developed and directs the Gerontology Research Centre at Simon Fraser University, British Columbia, Canada. "Prevention of the Victimization and Exploitation of Older People" is one of the Centre's five key research areas.


Video Vignette on Exploitation

In an effort to raise statewide awareness, the Texas Department of Family and Protective Services, as part of its 2005 Adult Abuse Prevention Campaign, has turned a financial exploitation case it investigated into a powerful 3 ½-minute video vignette titled "A Closer Look."

Mr. Cain, the client, is a 90-year old decorated World War II veteran who was taken advantage of by his own two sons while living in a Veterans' nursing facility. Successful criminal investigation revealed the brothers had unlawfully declared their father to be incapacitated, forged his signature, and pilfered money from his bank account. On top of that, they looted his home of his belongings.

The federal judge ordered the brothers to repay over $300,000 to their father, and sentenced them to 18 months in prison.

View video vignette >> www.dfps.state.tx.us/Adult_Protection/video/default.asp
Download 2005 Texas Adult Abuse Prevention Kit >> www.dfps.state.tx.us/Not_Forgotten/prevention_kit_cd.html


Worth Another Look: "Nursing Home Abuse and Criminal Record Checks"

Nursing Aides, Home Health Aides, and Related Health Care Occupations National and Local Workforce Shortages and Associated Data Needs, released February 2004 by the National Center for Health Workforce Analysis, Health Resources and Services Administration, focuses on nursing aides and home health aides responsible for providing patient care of a paraprofessional nature to chronically ill, disabled, and elderly persons.

Of particular interest for those who share a concern about elder abuse is its discussion of Certified Nursing Aid (CNA) Registries and how states handle criminal status or documented incidence of abuse and neglect.

Facts at a Glance: State Certified Nursing Aid Registries

  • States that list criminal status
    Alaska, Arkansas, California, Hawaii, Illinois, Kansas, Maine, Mississippi, Nevada, Oklahoma, Washington, and Wyoming

  • States that list either substantiated findings or allegations of abuse and neglect
    Alabama, Illinois, Kansas, Massachusetts, Nebraska, New Hampshire, New York, North Dakota, Ohio, Oklahoma, Rhode Island, South Dakota, T ennessee, Texas, Utah, and Washington

  • States that track both criminal status and findings of abuse, neglect, or other violations
    Illinois, Kansas, Oklahoma, and Washington

  • States where information may not be on nurse aide file, but notification to registry of a finding of abuse or misconduct triggers a change in the registered status
    Arizona, Colorado, Connecticut, Delaware, Georgia, Iowa, Idaho, Kentucky, New Mexico, North Carolina, Oregon, South Carolina, Virginia, and West Virginia

  • States that offer no information about findings of abuse and neglect*
    Florida, Maryland, Minnesota, Missouri, Pennsylvania, Vermont, and Wisconsin

    *Records may be in a separate registry or may be accessed only by special request from approved providers making inquiries.

On the Internet at >> http://bhpr.hrsa.gov/healthworkforce/reports/nursinghomeaid/appf.htm


2005 Partnerships in Law and Aging Program Grant Awards

The American Bar Association Commission on Law and Aging and the Albert and Elaine Borchard Foundation Center on Law and Aging announced this month the finalists selected for the 2005 Partnerships in Law and Aging Program awards. Projects begin July 1, 2005.

The following two projects were awarded grants under a special elder abuse pro bono initiative that ABA supported this year:

  • SeniorLAW Center, Philadelphia, Pennsylvania www.seniorlawcenter.org/
    Lawyering Together to Keep Elders S.A.F.E. (Stop Abuse & Financial Exploitation). The goal of the project, a collaboration between Villanova University School of Law and Schnader Harris Segal & Lewis Law Firm, is to combine energies of experienced elder rights advocates and public interest attorneys, private practitioners, law students and infrastructures of law firms and law schools to serve victims of elder abuse and create next generation of pro bono elder advocates.

  • Colorado Bar Association, Denver, Colorado www.cobar.org/
    Colorado Network to End Financial Exploitation of the Elderly is a collaborative project to create a network of professionals for the development of multidisciplinary, multifaceted prevention and intervention strategies and protocols to reduce financial exploitation of elderly by family and associates. Partners: AARP Elder Watch, Legal Center (long term care ombudsman and the legal services developer), University of Denver Elder Law Institute, Benefit Payee Services.

For more information

ABA Commission on Law and Aging >> www.abanet.org/aging/home.html
Borchard Foundation Center on Law and Aging >> www.borchardcenter.org/plap.html


National Guideline Clearinghouse Adds Important New Clinical Practice Guidelines

The National Guideline Clearinghouse Web site, a comprehensive database of evidence based clinical practice guidelines, sponsored by the Agency for Healthcare Research and Quality, U.S. Department of Health and Human Services, has announced three new releases:

Elder Abuse Prevention — This guideline, developed by the University of Iowa Gerontological Nursing Interventions Research Center, contains 13 examples of assessment tools, instruments, and forms to use in patient assessment of elder abuse. Also included is one relevant Nursing Outcome Classification (NOC), relevant labels, and definitions of NOC and Nursing Interventions. Originally published December 2004.

National Clearinghouse Summary posted June 2005 >>
www.guideline.gov/summary/summary.aspx?view_id=1&doc_id=6829

National Consensus Guidelines on Identifying and Responding to Domestic Violence Victimization in Health Care Settings — Developed by the Family Violence Prevention Fund's National Health Resource Center on Domestic Violence in partnership with leading experts from around the country, these guidelines are designed to assist health care providers from multiple settings and in various professional disciplines in addressing domestic violence victimization. The guidelines include assessment, documentation, intervention, and referral information.

Domestic Violence. A Guide to Screening and Intervention — Produced under the auspices of Brigham and Women's Hospital of Boston, Massachusetts, these guidelines contain an algorithm for domestic violence screening, screening questions, documentation tips, and instructions for photographing injuries. Brigham and Women's Hospital is a nonprofit teaching affiliate of Harvard Medical School.

You May Also Be Interested In …

Participant Experience Survey: Elderly/Disabled (PES E/D) — The survey aims to give state leaders an understanding of program participants' experience with the services and supports they receive under the 1915(c) waiver program — Medicaid Home and Community Based Services. NOTE: The survey also includes questions about elder abuse.


New on the Bookshelf

  • Wards of the State: A National Study of Public Guardianship
    by Pamela B. Teaster, PhD, Erica F. Wood, JD, Naomi Karp, JD, Susan A. Lawrence, BA, Winsor C. Schmidt, JD, LLM, and Marta S. Mendiondo, PhD, April 2005
    New report from the University of Kentucky, Graduate Center for Gerontology and the ABA Commission on Law and Aging marks the first nationwide examination of public guardianship in 25 years.

    Executive Summary >> www.abanet.org/aging/wardsofstateexecsum.pdf

    Full Report >> http://www.abanet.org/aging/wardofstatefinal.pdf


  • Assessment of Older Adults with Diminished Capacity: A Handbook for Lawyers
    American Bar Association Commission on Law and Aging and American Psychological Association, April 2005
    Offers elder law attorneys, trusts and estates lawyers, family lawyers, and general practitioners a conceptual framework, approaches, and strategies for addressing problems of client capacity, in some cases with help from a clinician.

    Price: $25 list price

    Order Form >> http://www.abanet.org/aging/onlineorderingpage05.pdf


  • What You Can Do If You Are a Victim of Crime
    Office for Victims of Crime, U.S. Department of Justice, 2005
    The 2-page brochure highlights victims' rights and compensation and assistance programs, and includes a useful list of national victims' rights organizations. The brochure can be easily customized with local contact information.

    A downloadable copy of the brochure can be found at >> www.ovc.gov/publications/factshts/whatyoucando/welcome.html

    A limited number of copies of the brochure are available free using the National Criminal Justice Reference Service – NCJRS Online Ordering System >> www.puborder.ncjrs.org/content/ItemDetails.asp?strItem=BC000713&FormName=Highlights

    For orders of more than 20 copies call (800) 851-3420. Request Item No. BC000713

Quote of the Month

"He knew what he was doing . . . you could see the smile on his face . . . the worst thing was when he left me in a cold bathroom . . . I was trapped in the bath for four hours . . . he threw me in two pillows and a sheet . . . it was just the expression he used to get on his face. It used to tell you what he was aiming to do."
—- Yvonne Barnes-Holmes, et al, Mistreatment and Abuse of Older Women in the European Community: Estimated Prevalence and Legal and Service Responses: A Review of the Situation in Three Member States / 2001
www.daphne-toolkit.org/prjFiche.asp?prj=2000125&lang=EN

Table of Contents

Policy & Legislation


State News


Promising Practices Spotlight


Calendar/Coming Up


NCEA News & Resources


On the Frontlines


Research & Scholarship


Trends & Statistics


Funding Opportunities


In Brief


New on the Bookshelf


Quote of the Month

 
NCEA Newsletter

is published 10 times a year by

THE NATIONAL CENTER
ON ELDER ABUSE


June 2005
Volume 7, No. 8
Sara Aravanis, Director
Susan Coombs Ficke, Contributing Writer/Editor

Request for Information
Call the NCEA Help Desk at
(202) 898-2586, e-mail
[email protected], or visit
elderabusecenter.org

 
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NCEA PARTNERS

The NCEA Newsletter is supported in part by a grant, No. 90-AM-2792, from the U.S. Administration on Aging, Department of Health and Human Services.

Points of view or opinions expressed in this publication do not necessarily represent the official views of AoA/HHS or any of the NCEA's affiliated partners.

NATIONAL CENTER ON
ELDER ABUSE

National Association of State Units on Aging
1201 15th Street, NW, Suite 350
Washington, DC 20005
PHONE: (202) 898-2586
FAX: (202) 898-2583
E-MAIL: [email protected]
WEB SITE: elderabusecenter.org