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ELDER ABUSE for POLICE RECRUITS

ELDER ABUSE for POLICE RECRUITS. NYC Elder Abuse Training Project, 2004. Elder Abuse. the physical, sexual, emotional or financial abuse or neglect or abandonment of an older person by a family member, friend, fiduciary or caregiver. Elder Abuse.

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ELDER ABUSE for POLICE RECRUITS

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  1. ELDER ABUSE for POLICE RECRUITS NYC Elder Abuse Training Project, 2004

  2. Elder Abuse • the physical, sexual, emotional or financial abuse or neglect or abandonment of an older person by a family member, friend, fiduciary or caregiver

  3. Elder Abuse • Usually involves trust between victim and perpetrator • Occurs behind closed doors • Often undetected and unreported

  4. Types of Abuse • Physical abuse • Sexual abuse • Neglect • Emotional abuse • Financial exploitation

  5. Physical Abuse • Causing physical pain or injury • Hitting, slapping • Shoving • Cutting • Burning • Forcibly restraining

  6. Sexual Abuse • Any non-consensual sexual contact • Sexual contact with a person incapable of giving consent • Rape, sodomy, coerced nudity

  7. Neglect • Failure to carry out a caregiving responsibility • Passive neglect • Unintentional failure to provide care • Can be well meaning caretaker who is unable to meet the older person’s needs • Active Neglect • Intentional failure to provide care

  8. Emotional Abuse • Causing mental pain • Name calling • Insulting • Ignoring • Threatening • Isolating • Demeaning • Controlling behavior

  9. Financial Exploitation • Illegal or improper use of the resources of an older person for personal gain • Misuse of a power of attorney

  10. More than One Form of Abuse May be Occurring • Emotional abuse often accompanies physical abuse or financial exploitation • Physical abuse often accompanies financial abuse

  11. The Perpetrators • Often a family member • Adult child or grandchild • Unemployed • Addicted to alcohol, drugs or gambling • Mentally ill • Paid caregivers, neighbors, or friends

  12. Why Is It Important? • In 2000, 45 million people in U.S. were 60 or older • By 2030, number expected to double • As population grows, so will elder abuse • Physically or mentally impaired elderly more at risk • Early intervention can help prevent further abuse and further trauma

  13. Keys to Effective Intervention • Recognizing signs of abuse • Pursuing criminal investigation • Working jointly with social service agencies

  14. Recognizing Elder Abuse • Victim may be unable or unwilling to tell you abuse is occurring • Relationship to, or fear of, the abuser may affect willingness to pursue arrest • Recognition of signs crucial to successful investigation

  15. Signs in the Victim • Inadequately explained bruises, cuts, burns • Dehydration, malnutrition • Overly medicated or sedated • Unusual confinement • Lack of cleanliness, grooming • Fear of speaking for oneself • Shame, fear, embarrassment

  16. Signs in the Abuser • Gives conflicting stories or implausible explanations for victim’s injuries • Is reluctant to let you interview elderly person alone • Speaks for the elderly person • Handles elderly person roughly • Has a drug or alcohol problem • Has a previous history of abusive behavior • Appears indifferent or angry toward older person • Fails to assist the older person

  17. Signs of Financial Exploitation • Deviations in financial habits • Large bank withdrawals or loans • Numerous unpaid bills • Missing belongings, papers, credit cards • Elder unaware of monthly income • Frequent gifts from elder to caregiver • Caregiver’s refusal to spend money on elder • Checks made out to cash • Misuse of a Power of Attorney • POA is not a health care proxy

  18. Environmental Signs • Lack of food in the home • Lack of heat or electricity • A mistreated or malnourished pet

  19. Responding to Elder Abuse Calls • Respond as to other domestic violence calls • Take same precautions • Be careful of hidden dangers • Interview victim alone • Maintain visual contact with other officers • Victim may not speak honestly if other family members can hear

  20. First Responsibilities • To obtain needed medical services • To determine whether an offense has been committed • To make an arrest (if appropriate • To provide a basis for prosecution (if appropriate • To provide for the well being of the elderly person

  21. Safety Check • Can make the difference between life and death for an infirm elderly person • Is home clean and cared for? • Are there dangerous conditions? Hoarding? • Is there adequate food? • Is refrigerated food spoiled? • Are there dangerous objects in the home • Are there guns in the home of a person with dementia

  22. Referral • Community agencies can provide help with problems of daily living or counseling for distress • Community resources • Local agency on aging • Home delivered meals programs • Adult Protective Services • Senior centers • Alzheimer’s programs • For safety planning: • Domestic Violence agencies • Sexual assault agencies • Crime victim programs

  23. Victim May Not Testify • Reluctant to testify against family member or caregiver • May be unable to testify due to mental or physical impairments, or death • Stop perpetrators before they cause death

  24. Seniors Can Be Fragile • A shove can cause them to fall and break a major bone • If abusers are not prosecuted, it could become murder • Services are available for victim and abuser • Victims need to know that there is help

  25. Charges Must be Proved Without Victim’s Testimony • If victim testifies, evidence will corroborate the allegations • Each charge and identity of abuser must be proven

  26. Photograph • Victim, victim’s injuries • Remove bandages for photos (if serious injury, get doctor’s guidance) • Take photo of victim’s injuries that shows face for identification • Alleged abuser’s injuries or lack of injuries • All bloody/blood stained items • Property damage • Entire home/crime scene • Any property taken into custody

  27. Voucher and Safeguard Evidence • Weapons • Containers of corrosive liquids • Drugs or drug paraphernalia • Bottles/cans from alcoholic • Damaged property • Items used to restrain or gag the victim • Victims and/or abusers diary documenting abuse • Letters with envelopes • Answering machine, voice mail messages

  28. Voucher and Safeguard continued • Clothing, sheets, blankets with blood stains • Place in paper bag • Clothing, sheets, blankets with feces or urine stains • Bloody torn clothing of victim and alleged abuser • Martial arts paraphernalia • Financial documents • Everything

  29. Eye, Ear and Nose Witnesses • To crime charged • To previous instances of abuse • Speak to person who called 911

  30. Excited Utterances • Document excited utterances of victim • Document victim’s demeanor • Check for excited utterances to friends, neighbors, EMS, nurses, doctors, 911 caller

  31. Document Abuser’s Statements • All statements, no matter how insignificant they seem • Check statements made to neighbors, landlord, friends, family, employer, EMS, hospital personnel, jail or parole officers • Read alleged abuser his/her Miranda rights and get a statement

  32. Expert Medical Opinion • Ask for a release from victim to obtain medical records • To explain force required to inflict injury • To give expert opinion as to how injuries were sustained

  33. Documentary Evidence That May be Relevant • Prison records • Home and cell phone records • Parole/probation records • Court records • Previous 911 calls • Police/court records from other jurisdictions • If alleged abuser has been Power of Attorney for other seniors, this could be evidence of targeting seniors

  34. Document Medical Information • Get contact information for all treating physicians and hospitals • Look for repeated injuries or lack of medical attention • Get information about past and present medications • Seize all medications • If victim or caretaker says they are needed, consult a doctor to determine if the medications or combinations are dangerous

  35. Animal Abuse • Has alleged abuser ever injured or killed a family pet? • Animal abuse can be used to terrorize a victim • If pet is neglected, may mean elder is also

  36. Alleged Abuser’s Background • Psychiatric history/hospitalization • Drug/alcohol abuse • Special medications • Has suspect ever threatened other family members?

  37. Be Accurate in Documenting • Can refresh your memory • Avoids cross-examination problems at trial

  38. Be Creative • Use your common sense • Evidence of abuse is not always obvious • Ask yourself why this situation bothers you. Why do you suspect abuse?

  39. Arrest Charges • Some states have special laws to protect the elderly • In New York arrests are usually made using conventional charges

  40. Four Statutes Refer to Elderly and Disabled • Endangering the welfare of an incompetent or physically disabled person, P.L §260.25 • Endangering the welfare of a vulnerable, elderly person in the second degree, P.L. §260.32 • Endangering the welfare of a vulnerable, elderly person in the first degree, P.L. §260.34 • The Hate Crimes Act of 2000 includes age (over 60) and disability as targeting factors that lead to increased penalties.

  41. Conventional Charges • Elder Abuse is not a specific crime or charge • A collection of harmful behaviors that may rise to the level of a crime or violation

  42. Physical Abuse and Neglect • Criminal Possession of a Weapon 4 • Trespass • Coercion • Criminal Contempt (includes violation of an order of protection) • Assault 1 • Intimidation of/Tampering with a Witness • Sex Offenses • Reckless Endangerment

  43. Physical Abuse and Neglect continued • Unlawful Imprisonment • Kidnapping • Rape • Murder

  44. Financial Exploitation • Petit Larceny • Grand Larceny • Grand Larceny by Extortion • Forgery • Scheme to Defraud • Burglary

  45. Emotional Abuse • Disorderly Conduct • Harassment • Stalking Arrest is seldom made for emotional abuse alone. Emotional abuse frequently accompanies other types of abuse

  46. Family Offenses • Family Court Act, Section 812 • Defines family as legally married, formerly married, related by blood, related by marriage (including in-laws) or having a child in common • “Family” members may have specified “family offenses” adjudicated in family court

  47. Family Offenses continued • NYPD expanded definition adds 2 categories • Currently living together in a family type relationship • Formerly lived together in a family type relationship • Family courts do not recognize these categories, cases proceed to criminal court

  48. Family Offense Charges • Menacing • Assault • Disorderly conduct • Reckless Endangerment • Aggravated Harassment • Stalking • Harassment

  49. Charges for Violating an Order of Protection • Criminal Contempt 2 • Criminal Contempt 1 • Aggravated Criminal Contempt Violations of an order of protection are among the easiest to prove in court • Police officer can witness the order was violated • No further evidence may be needed

  50. Mandatory Arrest Policies • Must arrest in • Instances of felonies • Violation of an Order of Protection • Any violation committed in your presence • May use your discretion • In case of misdemeanor, IF victim spontaneously says she does not want the offender arrested • May arrest if there is a potential for continued violence

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