|June 2005 | Volume 7 | No. 8
Policy & Legislation
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/
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
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:
Deadline: August 5, 2005
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
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:
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 Governor Ernie Fletcher has signed emergency legislation designed to protect the state's most vulnerable citizens against elder abuse. Most significantly, the new law:
Legislation Online >> HB 298 Adult protection/elder abuse neglect and exploitation www.lrc.ky.gov/record/05rs/HB298.htm
Promising Practices Spotlight
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:
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, Jolene.firstname.lastname@example.org, www.dhs.state.mn.us/main/groups/aging/documents/pub/dhs_Aging.hcsp
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@example.com.
Further details are available at >> www.cwag.org
CONFERENCESJuly 9-13, 2005
Boomers in Transition: Coming of Age in 2006
n4A 30th Annual Conference
Sponsored by the National Association of Area Agencies on Aging (n4A), sessions of interest for elder rights advocates include:
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
Sponsored by the Family Violence and Sexual Assault Institute, the conference covers all aspects of family violence prevention, including elder abuse.
. . . . . . . . . . . . . . .
16th Annual National Adult Protective Services Association (NAPSA) Conference
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
Call or e-mail to request a conference application package >> (720) 565-0438, firstname.lastname@example.org
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Check our Web site often for more dates and events
NCEA News & Resources
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@example.com, or by fax to (302) 831-6081.
Sign up today for
See our Web site for details.
On the Front Lines
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 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
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
by Larry L. Jacoby, PhD, firstname.lastname@example.org, Anthony J. Bishara, PhD, Sandra Hessles, MA, and Jeffrey P. Toth, PhD, Washington University, St. Louis
by Chik-Loon Foo and Eillyne Seow, Tan Tock Seng Hospital, Singapore
STUDY AND RESULTS
Trends & Statistics
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/
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
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
2005 Rosalie Wolf Award Winners
"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.
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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.
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
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
On the Internet at >> http://bhpr.hrsa.gov/healthworkforce/reports/nursinghomeaid/appf.htm
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:
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 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
"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."
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
National Association of State Units on Aging
1201 15th Street, NW, Suite 350
Washington, DC 20005
PHONE: (202) 898-2586
FAX: (202) 898-2583
WEB SITE: elderabusecenter.org