Elder Abuse & Colorado’s New Mandatory Reporting Law

1. Elder Abuse & Colorado’s New Mandatory Reporting Law What does this mean for you? 1st JD Elder Abuse Unit Jefferson & Gilpin Counties Scott Storey – Senior Chief Candace Werth – Prosecutor Colorado DHS APS Fonda Barkofske Program Specialist

2. Elder Abuse: What is it and What’s the Big Deal?

4. Elder Abuse can be… Physical, Financial, Sexual Abuse or Neglect Different Types of Abuse go Hand-in-Hand A Victim that is Financially Exploited may also be Sexually or Physically Assaulted A Neglect Victim may also be Financially Abused

5. Elder Abuse can be… Traditionally it has been … UNDER – REPORTED UNDER – INVESTIGATED SELDOM PROSECUTED Similar to Child Abuse in 80’s & DV in 90’s

7. Why Elders?

8. Elder Adults Vulnerable Population May Rely on Others Help with ADL (activities of daily living) Help with bills, conducting business, errands Burden of care can lead to Neglect Stress can lead to Physical Assaults Financial Assets

9. Family Caregiver Stress 80% of Alzheimers and Dementia care in the home is provided by family members 61% Caregivers rated stress as high or very high 33% reported symptoms of Depression 56% reported strain regarding finances 53% reported strain in family relationships 2012 Alzheimer’s Disease Facts and Figures; Alzheimer’s Association

10. Colorado is Growing and Aging • Total State Population grew 17% from 2000-2010 • Persons age 70 years and over will increase 28% by 2017 • Persons age 70 years and over will increase 142% by 2032 S.B. 12-078 Report November 30, 2012

11. The Number of People that live to 90 and beyond has tripled in the past three decades The Number of People that are 65 years old or older is 40 million (13% of our population and growing) One in 10 older Americans experience abuse – many in multiple forms. 70-90% of the Perpetrators of Elder Abuse are family members, loved ones or caregivers Source: AgelessAlliance.org

12. Facts: The annual loss by victims of elder financial abuse is estimated to be at least $2.9 billion dollars.

13. “Silver Tsunami” 2001 Pew Report

14. Jeffco’s Elder Abuse Unit

15. 2012 Caseload Breakdown

16. Types of Elder Abuse Cases – 2012 11% Robbery & Theft from Person Random Thug / Purse Snatch 54% Theft, ID Theft & Burglary Kids, Grandkids, Neighbors and Nurses 34% Assault Drunken Son 1% Sex Assault Caregiver, Family Friend, Maintenance Man

17. Assisted Living & Nursing Home Cases Drug Diversion Taking patients meds Thefts & ID Theft POA Fraud Home discovers theft Neglect Sexual Assault Employee on Resident Resident on Resident

18. Elders are Today’s Forgotten Victims

20. Hurdles to Prosecution

21. Traditional Reaction to Financial Abuse: “It’s Civil. We can’t do anything about it.”

22. Why Report when Authorities do Nothing?!? [That’s the myth we need to correct now]

23. Elder Victims make Poor Witnesses Can’t prosecute with a Dead Victim Reluctant and Recanting Victims Appears Civil Not a crime if the Victim was reimbursed Not a crime if the Victim was aware or gave consent Grandma vs. Gangbanger Hello – Murder Cases. We do it all the time Nothing new -> DV Cases Don’t Assume – Dig Deeper Theft involves your Intent when you take it Undue Influence negates consent Myths

24. Colorado’s New Law Mandatory Reporting of Elder Abuse Senate Bill 13-111

25. Mandatory Reporting of Elder Abuse Colorado: 1 of only 3 states that didn’t require those that work with Elders to Report Abuse Law Signed 5/16/13 Training began January 2014 Reporting becomes mandatory July 1, 2014

26. Previously… Had Enhanced Crimes Against At-Risk Adults C.R.S. §18-6.5-103 At-Risk Adult was ≥ 60 yoa Had Urged Reporting under Title 26 Reporters are ‘urged’ to report abuse including self neglect Now SB 13-111 created… Addition Crimes & Mandatory Reporting of Elder Abuse C.R.S. §18-6.5-108: Those who Work with the At-Risk Elder Population Must Report Known or Suspected Abuse AND Law Enforcement MUST Investigate when Appropriate At-Risk Adult and At-Risk Elder ≥ 70 yoa

27. Mandatory Reporting • Who are reporters? • What needs to be reported? • What are the responsibilities of law enforcement?

28. Mandatory ReportersWho? Medical professionals including Doctors, Nurses, Chiropractors, Pharmacists, Dentists, Medical Examiners & Coroners Law enforcement officials and personnel Fire protection & EMS Hospitals & Care facilities Home care placement agency Court-appointed guardians and conservators Community-centered board staff Psychologists & Mental Health professional Social work practitioners Clergy Financial institutions **All above – whether paid or unpaid

29. Mandatory ReportersWhat? Any person who has observed abuse or exploitation of an at-risk elder, or who has reasonable cause to believe that an at-risk elder has been abused or has been exploited or is at imminent risk of abuse or exploitation, shall report such fact to a law enforcement agency not more than 24 hours after making the observation or discovery.

30. Lingering Questions: What Else Do I have to do?

31. Reporters Duties: • Report known or suspected abuse or exploitation to Law Enforcement • within 24 hours • That’s it! • Reporters do not investigate • Reporters do not locate evidence • Reporters do not interview witnesses

32. Reporter’s job is Simple . . . Make the Call!!

33. What is “Abuse” and “Exploitation” under Mandatory Reporting Law? Definitions . . . .

34. Abuse: C.R.S. §18-6.5-102(1) Non-accidental bodily injury, SBI or death Confinement or restraint that is unreasonable under generally accepted caretaking standards Subject to sexual conduct or contact classified as a crime Caretaker neglect

35. Exploitation: C.R.S. §18-6.5-102(10) Use of deception, harassment, intimidation or undue influence to permanently or temporarily deprive an at-risk elder of the use, benefit or possession of his/her money, assets or property, OR. . . Without legal authority: • Hires a third party for the profit or advantage of the person or another person to the detriment of the at-risk, Example: Paying friends or family to clean or do yard work OR. . .

36. Exploitation: Without legal authority: Forces, compels, coerces or entices an at-risk elder to perform services for the profit or advantage of the person or another person against the will of the at-risk elder, OR . . . Example: Childcare, house cleaning, etc. Misuse property of at-risk elder in manner that adversely affects the at-risk elder’s ability to receive health care or health care benefits or to pay bills for basic needs and obligations Example: Takes money or assets (with or without permission) and Elder cannot qualify for Medicaid or other assistance. C.R.S. §18-6.5-102(10)

37. Exploitation “Exploitation” is not a separate crime but it may be theft, extortion or other crime. Exploitation must be reported to Law Enforcement. Investigation needed because it might lead to criminal charges.

38. Mandatory Reporting Requirements Within 24 hours – Mandatory Reporter Shall File Report with Law Enforcement within 24 hours of Observation or Belief of Abuse C.R.S. §18-6.5-108(1)(a)

39. Lingering Questions: What Police Agency Do I Call? What Number Do I Call?

40. To Whom do you Report? • Report should be made in Jurisdiction where Suspected Abuse or Exploitation Occurred • If it is unknown where it occurred then call your local law enforcement agency

41. Call 911 for: • “In Progress” abuse • or involved parties are on scene Call Non-Emergency number for Local Law Enforcement Agency for: • Abuse discovered or suspected that is not imminent • “Cold Calls” or if abuse occurred previously • No Immediate Danger

42. You may be referred to another jurisdiction when it is appropriate. If so, you will need to make report to that agency to fulfill the Mandatory Reporting Requirements.

43. Mandatory Reporting Exception – Mandatory reporter knows another person has already reported the same allegation to law enforcement C.R.S. §18-6.5-108(d)

44. Law Enforcement Needs: Name, Address, and Contact Info of the At-Risk Elder the person making the report the at-risk elder’s caretaker, if any Name of the Alleged Perpetrator Nature and Extent of the Condition that Required the Report to be Made Any other Pertinent Information C.R.S. §18-6.5-108(2)(a)

45. Purpose of Mandatory Reporting Law: Encourage Reporting & Stop Elder Abuse!

46. Remember… Report MUST be made to Law Enforcement Reporting based on licensing requirements (Board of Nursing, Board of Health, etc.) is not sufficient. You can’t report to APS and have them call Law Enforcement

47. Lingering Questions: What if I am Wrong?

48. Immunity If the Report is Made in Good Faith – Reporter is Immune from suit and liability for damages in any civil action or criminal prosecution* *Exception – No Immunity for Perpetrator even if Perpetrator Reports the Abuse Reporting duty does not create a civil duty of care or establish a civil standard of care that is owed to an at-risk elder C.R.S. §18-6.5-108(2)(c)(3), (4), (5)

49. Lingering Questions: What happens AFTER the report is made?

50. Law Enforcement Responsibilities Within 24 hours – L.E. shall notify Human Services agency and District Attorney’s Office of report (where alleged abuse/exploitation occurred) L.E. shall complete investigation when appropriate L.E. shall provide summary report of the investigation to appropriate Human Services agency and District Attorney’s Office C.R.S. §18-6.5-108(2)(b)