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WITH RESPECT TO SENIOR DELAWAREANS:
A NEEDS ASSESSMENT AND
RECOMMENDATIONS CONCERNING
SENIOR CRIME VICTIMS IN DELAWARE
May 22, 2003
The Report of
the Delaware Attorney
General's Task Force on Senior Victims
PREFACE
I am pleased to share
with you the publication, With Respect to Senior
Delawareans: A Needs Assessment and Recommendations
Concerning Senior Crime Victims in Delaware. [1]
This report presents the findings and
recommendations of the Delaware Attorney General’s
Task Force on Senior Victims.
For a number of months, the Task Force has been
engaged in efforts to identify ways in which the
public and private sectors can join forces to
improve the State of Delaware’s response to one of
the most unconscionable, reprehensible, and
invisible forms of criminal activity occurring in
our society today – the victimization of our
senior citizens. At the heart of the Task Force’s
efforts was the belief that, although not of
epidemic proportions, the problem of senior
victimization in Delaware is greater than indicated
by available data. This conclusion, in turn,
suggested that not only is senior victimization a
more extensive problem than is generally recognized,
but that, tragically, some seniors who have been
victims of crime are not receiving services to
assist them in coping with the consequences of their
victimization.
Accordingly, the Task Force comprised of a broad
coalition, adopted a multidisciplinary strategy for
meeting the needs of senior crime victims that would
begin with improving the reporting and detection of
suspected incidents of crimes against seniors, and
result in enhancements in the availability and
accessibility of services for seniors who are
victims of crime. In the course of its
deliberations, the Task Force underscored the
critical need to improve communication,
coordination, and cooperation among justice system
officials and social services providers in meeting
the needs of senior crime victims. It called for
enactment of legislation to enhance the penalties
for crimes committed against senior citizens;
emphasized the importance of increasing public
awareness of the problem of senior victimization;
and proposed policies and protocols to improve the
investigation, prosecution, and management of cases
involving crimes against seniors.
The work of the Task Force comprises a blueprint for
improving the State of Delaware’s response to the
problem of senior victimization. It is a beginning
– a good one – that reflects the Task Force’s
commitment to reducing the victimization of seniors
in Delaware, and its promise that help will be there
for seniors who are the victims of crime. In the
months to come, we urge all responsible agencies,
companies and organization to move forward with
implementation of the Task Force recommendations. We
must meet our commitments and keep our promises to
senior Delawareans.
ACKNOWLEDGMENTS
Many people gave
generously of their time and expertise to the work
of the Delaware Attorney General’s Task Force on
Senior Victims. First and foremost, I am deeply
indebted to each member of the truly impressive
group of individuals who comprised the Task Force
itself. These individuals ably represented a broad
and diverse spectrum of and interests. The breadth
of their collective knowledge and experience
contributed to the comprehensiveness of the Task
Force’s work, and is reflected in each of the Task
Force recommendations. For their numerous
contributions to this initiative, I am grateful. An
extra ration of my gratitude is in order for those
Task Force members who took on the added
responsibility of chairing a Task Force
subcommittee.
Dawn K. Thompson of my staff provided staff support
for the Task Force, efficiently and graciously
handling meeting logistics, developing the minutes
of Task Force meetings and editing this final
report.
Finally, my special thanks to Gwen A. Holden, a
consultant to the Task Force, who guided the Task
Force members in organizing their work and
formalizing their recommendations, and who assisted
in the development of this final report on the Task
Force’s behalf.
A copy of the
full report is available on the Delaware Department
of Justice Web Site:
attorneygeneral.delaware.gov, or by calling
302-577-8338.
RECOMMENDATIONS
OF
THE ATTORNEY GENERAL’S TASK FORCE ON SENIOR
VICTIMS
Understanding
Senior Victimization
Issue
The development and implementation of strategies for
addressing the problem of crimes against senior
citizens in Delaware currently is hampered by the
lack of a comprehensive and complete picture of the
nature and extent of that problem in the state.
Commentary
At the inception of its work, the Task Force
characterized the problem of crimes against seniors
as one that frequently "occurs behind closed
doors" and which, therefore, is largely
"invisible." Moreover, the Task Force
asserted that owing to deficiencies in data on
senior victimization in Delaware, the true extent of
the problem is unknown. In the course of its
deliberations, the Task Force learned that data
concerning senior victimization, including incidents
involving crimes against senior citizens, currently
is collected by many public and private agencies and
organizations which come in contact with, or provide
services to, seniors. However, the Task Force found
that these data and information are not analyzed or
shared routinely. The Task Force concluded that
analysis of information concerning senior
victimization and the sharing of that information on
an interagency and an interdisciplinary basis could
help to inform efforts within the State of Delaware
to reduce incidents of crimes against seniors and
improve the delivery of services to senior crime
victims. The Task Force also observed that there is
no single, centralized source of data and other
information on senior crime victims in the state.
The Task Force rejected the idea of pursuing the
creation of a new division or bureau of state
government to fill this gap, proposing instead that
efforts be undertaken to explore the possibility of
building upon and expanding the capabilities of an
existing public or private agency or organization,
such as the University of Delaware, Clearinghouse on
Abuse and Neglect of the Elderly, to meet this need.
The Task Force recommends:
-
Protocols should be
developed and implemented for collecting,
integrating and analyzing data that would
produce a comprehensive and complete picture of
the problem of crimes against seniors in
Delaware. These protocols should include
strategies for:
-
Identifying
which public and private agencies currently
are collecting data on Delaware senior crime
victims;
-
Identifying gaps
in data needed to develop a comprehensive
picture of the problem of crimes against
seniors in Delaware;
-
Identifying
existing sources of information, such as the
Delaware Nursing Home Residents’ Quality
Assurance Commission’s annual report on
the quality of care of nursing home
residents, that might provide insight into,
and data concerning, the victimization of
the elderly in long-term care facilities,
including nursing homes;
-
Initiating
efforts to begin the collection of data and
other information concerning the
victimization of the elderly in
assisted-living facilities.
-
Research should be
initiated to determine the prevalence of senior
crime victimization in Delaware, and to identify
the types of crimes that are being committed
against the elderly, and the demographics of
senior crime victims;
-
The feasibility of
amending protocols for reporting crime incidents
in Delaware to flag incidents involving senior
victims should be explored;
-
Opportunities should
be explored for institutionalizing, and
increasing the availability of staff and
financial support for the University of
Delaware’s Clearinghouse on Abuse and Neglect
of the Elderly (CANE) to permit CANE to:
-
Enhance the
availability and accessibility of its
extensive database of information concerning
abuse and neglect of the elderly;
-
Engage in the
analysis of data and other information
concerning the victimization of seniors in
Delaware.
-
The feasibility of
creating an interdisciplinary "Death Review
Team" to examine suspicious deaths of
elderly persons and to gather information on
conditions that may have caused, and strategies
that might be pursued to prevent, such deaths
should be explored;
-
A review of higher
education curricula on the aging in Delaware
should be undertaken to identify opportunities
for enhancing these curricula to encompass
course content on elder abuse and neglect, to
include instruction on the following topics:
-
Types of abuse,
and causal factors of abuse and neglect;
-
Cultural and
ethnic characteristics affecting service
needs and the delivery of services to
vulnerable older adults;
-
Case assessment;
-
Victim and
abuser profiles; and,
-
he problem of
"self-neglect."
Identifying Senior Crime Victims
Issue
Seniors who have been
the victims of crime may be reluctant, unwilling
or unable to report their victimization.
Commentary
The Task Force members
observed that seniors who have been the victims of
crimes oftentimes are reluctant, unwilling or
unable to report their victimization. Senior crime
victims may be uncertain about where or how to
report a crime. Moreover, seniors who have been
the victims of such criminal activities as
financial exploitation or scams, such as
telemarketing fraud, may blame themselves for
their victimization and, consequently, be too
embarrassed to report the crimes. In other
instances, senior crime victims may be mentally or
physically disabled, and therefore unable to
initiate contacts with law enforcement officials
or victim service providers to report crimes.
The Task Force members concluded that steps should
be taken to encourage professionals who work, or
regularly come in contact, with the elderly to
report suspected incidents of abuse, neglect, and
exploitation. Categories of professionals whose
assistance might be enlisted in efforts to
increase the identification of senior crime
victims include:
-
Hospital social
workers;
-
Physicians in
private practice;
-
Police officers;
-
Emergency medical
service personnel;
-
Emergency room
staff;
-
Senior center staff;
-
Volunteers working
with the elderly;
-
Home healthcare
workers;
-
Social service
agency social workers;
-
Public health,
parish, and visiting nurses;
-
Residential care
facility staff;
-
Front-line personnel
in banks and other financial institutions;
-
Personal financial
services providers, such as stockbrokers and
certified public accountants; and,
-
Employees of
businesses and industries within the community,
such as grocers, pharmacists, fuel oil dealers,
mail and newspaper carriers, and meter readers,
who have regular opportunity for contact with
seniors.
The Task Force
recommends:
-
Expand present
mandatory reporting laws in Delaware to include
personnel in additional professions and that
responsible agencies assess their protocols for
timeliness and resources:
-
The availability of
educational materials on elder abuse, neglect,
and exploitation should be expanded for persons
in professions that are in contact regularly
with older citizens. These educational materials
should encompass information concerning:
-
Forms, signs,
and symptoms of elder abuse, neglect and
exploitation;
-
Laws and
regulations concerning the rights of elder
citizens, including privacy and
confidentiality provisions, and governing
the reporting of suspected incidents of
abuse, neglect, and exploitation;
-
Contacts for
agencies and organizations that should be
notified of suspected incidents of elder
abuse, neglect, or exploitation.
-
Protocols should be
developed, and the availability of training
curricula expanded, on elder abuse, neglect, and
exploitation for persons employed in professions
that are in contact regularly with older
citizens. These protocols and training curricula
should encompass procedures for and instruction
in identifying, assessing, documenting, and
reporting suspected incidents of elder abuse,
neglect, or exploitation.
-
Title 10 of the
Delaware Code should be amended to provide
employees of financial institutions and
businesses immunity from criminal or civil
liability for making reports of suspected
incidents of financial exploitation of the
elderly;
-
Educational
materials should be developed to inform families
and guardians of elderly persons about forms,
signs, and symptoms of abuse, neglect, and
exploitation of seniors;
-
Options should be
explored for improving the assessment of elderly
persons who are brought into hospital emergency
rooms for suspected abuse, which options might
include:
-
Examining
policies, protocols, and procedures
currently followed by Delaware hospitals to
conduct assessments of elderly persons who
are brought into emergency rooms for
suspected abuse;
-
Expanding the
role of S.A.N.E. nurses to include
conducting examinations and making
assessments.
Providing Services for Senior Crime Victims
and Their Families
Increasing the Availability of Services for Senior
Crime Victims
Issue
The State of Delaware should offer a continuum of
services for senior crime victims, to include
resources targeted to preventing senior
victimization and responding to the needs of senior
victims.
Commentary
The Task Force noted a marked expansion in the
availability of publicly and privately financed and
operated services for senior crime victims in
Delaware in recent years. Nevertheless, the Task
Force observed that, notwithstanding accomplishments
to date, several gaps currently exist in the array
of available services. The Task Force asserted that
efforts must be directed to identifying and filling
these service gaps.
The Task Force recommends:
-
Monitoring HB 84,
"the Money Management Bill" which
authorizes funding for the Division of Services
for Aging and Adults with Physical Disabilities
to create a program to provide senior citizens
assistance in managing their financial affairs,
including the paying of bills, should be
endorsed;
-
The Legal Handbook
for Older Delawareans should be updated, and its
distribution increased;
-
An information
"card" should be developed for seniors
that would contain information concerning how to
avoid being victimized, and include the contact
numbers and Websites for the Delaware Helpline
and Senior Victim Advocates Program as well as
1-800-VICTIM1;
-
Efforts should be
made to expand the availability of volunteer
initiatives geared towards reducing the
isolation and loneliness of seniors and
increasing the identification of senior crime
victims, which efforts should include:
-
Encouraging
faith-based and community groups to organize
"friendly visiting" programs for
elderly crime victims who are incapable of
leaving their homes or who reside in nursing
homes;
-
Encouraging
churches, schools, and community
organizations to develop
"Adopt-A-Senior" programs.
-
Efforts should be
made to reduce incidents of senior victimization
by family members and other caregivers by
expanding the availability and variety of
support groups for full-time caregivers of
elderly persons, which efforts might include
encouraging faith-based and community groups to
organize "respite" programs for
full-time caregivers of elderly persons;
Improving the
Accessibility of Services for Senior Crime Victims
Issue
Services for senior
crime victims in Delaware are under-utilized and
that may be because elderly victims are not aware
of the availability of these resources to assist
them in coping with their victimization.
Commentary
As a first step in its
deliberations, the Task Force sought to compile a
list of services for senior crime victims in
Delaware. The Task Force found that an impressive
array of public and private agencies and
organizations in Delaware are engaged in providing
services and other resources for senior crime
victims [2]. However, several
Task Force members, who represent agencies and
organizations who provided services for, or work
directly with, senior citizens asserted that many
services for senior crime victims are
under-utilized. These Task Force members expressed
the belief that many senior crime victims are not
receiving the services that they need because they
either are not aware of the existence of, or do
not know how to access, these resources. Based
upon these observations, the Task Force concluded
that steps must be taken to enhance senior crime
victims’ access to services that can assist them
in coping with their victimization.
The Task Force
recommends:
-
The database of the
Delaware Helpline should be expanded to include
information concerning services for senior crime
victims;
-
Existing strategies
for distributing information concerning services
for senior crime victims should be assessed, and
appropriate steps taken to improve seniors’
access to this information;
-
The scope of the
Guide to Services for Older Delawareans,
published by the Delaware Division of Services
for Aging and Adults with Physical Disabilities,
should be expanded to include a more complete
list of agencies and organizations that provide
services to senior crime victims in the state,
and more extensive descriptions of the services
offered by each resource included in the
directory;
[2]
See Appendix D, List of Services and Other Resources
in Delaware For Senior Crime Victims.
Enhancing the
Delivery of Services to Senior Crime Victims
Issue
Agencies,
organizations, and individuals which provide
services to the elderly must have the necessary
knowledge, capacities, and skills to carry out
their responsibilities.
Commentary
The Task Force
observed that agencies and organizations that
provide services for senior crime victims
oftentimes are plagued by insufficient financial
support and inadequate qualified staff.
Accordingly, some programs may not be able to
provide the services and resources that they
advertise. Moreover, many programs have difficulty
providing their services to senior crime victims
who do not speak, or have difficulty communicating
in, English. The Task Force asserted that it is
important that information concerning agencies and
organizations that serve senior crime victims
accurately describe the services and resources
that these agencies and organizations actually
provide. In addition, the Task Force underscored
the need to adequately fund and staff services for
senior crime victims, and to take steps to ensure
that these services are available and accessible
to any senior crime victim in Delaware who may be
in need of support and assistance.
The Task Force
recommends:
-
Agencies and
organizations that provide services to senior
crime victims should be encouraged to take steps
to ensure that information that has been
provided for inclusion in the Delaware
Helpline’s database is reviewed regularly for
currency, completeness, and accuracy;
-
The Delaware
Helpline should be encouraged to formalize
information and referral protocols, to include:
-
A protocol for
validating that information listed in its
database concerning agencies and
organizations that provide services for
senior crime victims is current, accurate,
and valid;
-
A protocol and
mechanism for following up on class for
service from senior crime victims to
determine whether callers are receiving the
services that they requested.
-
Efforts to reduce
the financial exploitation of senior citizens
should include the development of training
programs and educational materials to instruct
prospective guardians and attorneys-in-fact in
their fiduciary and other obligations;
-
Efforts should be
made to enhance the availability and
accessibility of crime victim services to
elderly Hispanic citizens, which efforts should
include:
-
Increasing the
availability of culturally sensitive direct
services for elderly Hispanic citizens;
-
Encouraging
agencies to make victim services information
available in Spanish, as well as in English;
-
Increasing
Spanish-speaking staff in existing agencies
and organizations that provide services to
the elderly.
-
Initiatives to
identify and address senior crime victim service
needs and priorities in Delaware should involve
active constituency participation from the
senior community.
Issue
Coordination,
cooperation, and communication should be increased
among agencies and organizations that handle cases
involving, and provide services to, senior crime
victims.
Commentary
The Task Force
expressed concern that agencies and organizations
that provide services to senior crime victims do
not coordinate with one another in their
respective efforts to develop strategies to
address these victims’ service needs, or
routinely communicate and cooperate on an
interagency basis in the delivery of services to
that constituency. The lack of coordination,
cooperation, and communication among service
providers can lead to costly and inefficient
duplication and overlap in the development of
services. Moreover, the efficacy of assistance and
support provided to individual senior crime
victims may be undermined when two or more service
providers that are involved with the same victim
do not communicate concerning their interactions
with that victim.
The Task Force
recommends:
-
Quarterly meetings
of agencies and organizations that comprise the
Task Force or otherwise provide services to
senior crime victims should be held to encourage
and facilitate regular communication,
coordinate, and cooperation among service
providers on such topics as:
-
Exploring
prevention strategies;
-
Assessing case
management strategies;
-
Developing
strategies for resolving problems and issues
concerning the delivery of services to
senior victims.
-
Options should be
examined for creating an interagency,
interdisciplinary mechanism for reviewing and
managing cases involving the victimization of
senior citizens, which mechanism’s functions
would include:
-
Reviewing case
management and processing protocols and
procedures;
-
Establishing
protocols for the regular review of
individual cases, which reviews would
encompass:
-
case
management strategies;
-
service-related
recommendations;
-
outcomes of
service delivery.
-
Delaware should to
build upon the strengths of interdisciplinary
community-oriented collaborations which bring
together law enforcement officials, Delaware
Justice Department officials, and senior
advocates to develop and implement strategies to
address the problem of senior crime
victimization.
-
A survey and a
protocol should be developed that could be used
by hospital officials in assessing incidents
involving the suspected abuse or sexual assault
of a senior citizen, and that would produce
information to guide law enforcement and social
services agencies’ management of specific
cases.
Issue
Senior citizens should
be protected from victimization by caregivers,
guardians, persons designated to transact business
for elderly principals, financial services
providers, and businesses, including telemarketers
and contractors.
Commentary
The Task Force
observed that older Delawareans, in particular,
those senior citizens incapacitated by physical or
mental disabilities, may be especially vulnerable
to victimization or exploitation by family
members, caregivers, and unscrupulous contractors,
home service maintenance personnel, and personal
financial services providers. These crimes are
particularly difficult to detect, the Task Force
noted, and oftentimes are not reported by their
victims, who may be reluctant, unable or too
embarrassed to contact the police. Moreover, such
incidents may be most emotionally damaging and
impose the greatest hardship on their victims.
Putting safeguards in place, therefore, to prevent
such crimes from occurring, is an important
component of any plan to address this issue.
The Task Force
recommends:
-
Unions and
professional associations representing
contractors, heating and air conditioning
service personnel, and other home improvement
and maintenance service providers should be
encouraged to develop professional standards of
conduct and training programs to inform these
service providers’ interactions with the
elderly;
-
Steps should be
taken to increase oversight of the activities of
guardians on behalf of seniors, which steps
might include:
-
Increasing the
enforcement of the state statutory
requirement that guardians report annually
on financial transactions undertaken on
behalf of seniors;
-
Collaborating
with the Delaware Bar Association and the
Delaware Court of Chancery to create a
mechanism for reviewing reports submitted by
guardians for possible instances of misuse
or misappropriation of seniors’ financial
resources and property;
-
Exploring the
possibility of adapting, for implementation
in Delaware, the American Association of
Retired Persons’ "Volunteer
Guardianship Monitoring Program," under
which court-certified volunteers review
guardianship reports for possible misuse or
misappropriation of the financial and other
resources of elderly wards.
-
The Adult Abuse
Registry should be expanded to encompass
information concerning in-home health aides who
are convicted of crimes against seniors;
-
Protocols and
procedures should be developed for following up
on individuals who are listed in the Adult Abuse
Registry to ensure that they do not secure
positions in the home healthcare field;
-
Steps should be
taken to improve health care professionals’
awareness of the provisions of the Advanced
Health Care Directives, which steps should
include developing educational programs and
materials concerning obligations and
responsibilities under the Directives.
Investigating Crimes Against Seniors
Issue
Policies and protocols
should be developed to guide police officers in
responding to and handling initial encounters with
elderly crime victims. In addition, police
officers should receive basic and on-going
specialized training to assist them in properly
assessing emergency situations that they may
encounter involving senior citizens. Police
agencies should consider expanding the capacities
of existing intra-agency crime victims units to
meet the specialized needs of senior crime
victims. Finally, linkages should be established
between police agencies and agencies and
organizations that provide services to senior
crime victims to ensure both that police officers
have ready access to resources, including
professionals experienced in working with senior
citizens, to assist them in assessing situations
involving senior citizens.
Commentary
Most citizens’ first
instincts when confronted with crisis or emergency
situations is to contact the police. The Task
Force observed that police officers, therefore,
oftentimes are the "first responders" to
emergency class made by, or concerning, senior
citizens. Whether the caller is reporting a
suspected crime, a medical emergency, or is unable
to clearly articulate or explain the reason for
the call, the responding officer will be required
to make a field assessment of, and intervene in,
the situation quickly. Making an accurate
assessment of the situation may be particularly
difficult when a call for assistance involves the
possible victimization, exploitation, abuse, or
neglect of a senior citizen. A police officer may
suspect, for example, that a senior citizen who
has sustained a physical injury has been the
victim of abuse by a caretaker or family member. A
senior citizen who is incapacitated by mental or
physical disabilities may be unable to explain the
events that precipitated the call for assistance.
In other circumstances, the senior who has been
injured, in fact, may claim that the injury was
inflicted by a family member, while the attendant
family member disputes that claim. The responding
officer may find himself or herself in a situation
wherein he or she is uncertain how to proceed or
where to turn for assistance in determining
whether the injury was the result of abuse.
The Task Force
Recommends:
-
A statewide policy
and protocol to inform police officers’
handling of cases involving the suspected abuse,
neglect or exploitation of an elderly person
should be developed and submitted to the
Delaware Police Chiefs Council for review and
endorsement; [3]
-
Police organizations
that operate domestic violence units should be
encouraged to consider designating one member of
their respective units to specialize in the
handling of cases involving senior victims of
crimes;
-
Police agencies
should be encouraged to consider creating a
position of "special assignments
officer," patterned after the school
resource officer, to engage in outreach and to
senior citizens and organizations and agencies
within the community that provide services for
the elderly;
-
Elder abuse training
should be included as a mandatory component of
the basic training curricula that police
recruits receive at any Delaware Law Enforcement
Training Academy;
-
Consideration should
be given to requiring police officers to
participate in in-service training concerning
the handling and investigation of crimes against
the elderly.
[3]
See Appendix G: Draft of the Newport Police
Department Senior Victim Policy.
Prosecuting Crimes Against Seniors
Issue
The Delaware
Department of Justice should explore opportunities
for building up its achievements to date in
serving senior crime victims by improving the
processing of cases involving senior crime victims
and expanding the availability of victim
assistance and support to this constituency.
Commentary
The Task Force noted
that under the Delaware Department of Justice’s
existing protocols and procedures for prosecuting
cases, several units within that agency are
involved in prosecuting cases involving the abuse
and neglect of senior citizens. For example, the
Department’s Fraud Division, Consumer Protection
Unit, and Medicaid Fraud Unit all handle cases
involving crimes against seniors. The Task Force
concluded that consolidation of all cases
involving crimes against seniors under the
authority of a single unit within the Department
would facilitate the development of special skills
in handling, and improve the overall prosecution,
of cases involving crimes against seniors.
Moreover, senior crime victims whose cases are to
be prosecuted may be intimidated by the legal
process, and have difficulty understanding that
process and what will be expected of them in the
course of the prosecution of their cases. The Task
Force asserted that senior crime victims need
guidance and support in navigating the criminal
justice process. The Task Force suggested that the
Department of Justice expand its Senior Advocate
Program. Finally, the Task Force expressed concern
that senior crime victims who reside in nursing
homes may not be receiving the assistance and
support that they need in the aftermath of their
victimization. The Task Force concluded that the
scope of the Department of Justice’s Senior
Advocate Program should be expanded to encompass
these senior crime victims.
The Task Force
recommends:
-
The Delaware
Attorney General should designate and specially
train, specified Deputy Attorneys General to
handle cases involving abuse and neglect of
elderly persons for the Delaware Department of
Justice.
-
The corps of senior
peer advocates in the Delaware Attorney
General’s Office’s Senior Victim Advocates
Program should be expanded;
-
Certain Senior
Victim Advocates from the Delaware Attorney
General’s Office should be assigned to provide
assistance, support, guidance, and services to
senior crime victims who reside in nursing
homes.
Providing Penalties for the Abuse, Neglect
or Exploitation of the Elderly
Issue
Persons who commit
crimes against senior citizens in Delaware are not
subject to sufficiently severe sanctions under
existing laws.
Commentary
The Task Force stated
that senior crime victims comprise a special
population of crime victims under Delaware state
law. Accordingly, the victimization of a senior
citizen carries enhanced penalties for the
perpetrators of these crimes. The Task Force
concluded, however, that the Delaware Code should
be amended, as follows, to clarify and expand the
crimes for which enhances penalties may be imposed
in cases involving elderly victims.
The Task Force
recommends:
-
Relevant sections of
Titles 11 and 30 of the Delaware Code should be
amended to conform the age criterion that
triggers enhanced penalties for crimes committed
against the elderly to provide that an elderly
person is anyone of the age of 62 or older;
-
The Delaware Code
should be amended to enhance penalties for
crimes involving the victimization of the
elderly. These statutory amendments should
include:
-
Amending Title
11 of the Delaware Code to expand the crimes
for which enhanced penalties may be imposed
in cases involving elderly victims to
include assault, first and second degree;
terroristic threatening; burglary, first and
second degree; robbery, first degree;
carjacking, first degree; theft; extortion;
home improvement fraud; unlawful use of a
credit card; menacing and sexual assault of
elderly persons;
-
Establishing
criminal penalties to sanction guardians and
legal agents (attorneys in fact under powers
of attorney) who intentionally abuse their
fiduciary responsibilities to care for the
person and/or property of an elderly ward by
amending Title 11 of the Delaware Code to
include in the definition of theft any
fraudulent conversions by guardians or
attorneys-in-fact under powers of attorney
of the property belonging to their
principals.
Educating the
Public Concerning Senior Crime Victimization
Issue
The public, including
senior citizens, lack sufficient knowledge and
understanding of the problem of senior
victimization.
Commentary
Efforts to focus
statewide attention on the problem of senior
victimization are inhibited by citizens’ lack of
awareness of that problem. Moreover, senior citizens
themselves may be unaware of factors and conditions
that may increase their vulnerability to
victimization. The Task Force believes that
citizens, including the elderly, must be full
partners in the development and implementation of
strategies to reduce and address crimes against
senior citizens. Furthermore, the Task Force
asserted that increasing public awareness of the
problem of senior victimization is an important step
in mounting and sustaining initiatives to intervene
in senior victimization.
The Task Force
recommends:
-
A comprehensive
program should be developed to educate the
public on the problems of abuse, neglect, and
exploitation of the elderly, which program would
include information concerning recognizing
forms, signs, and symptoms of senior
victimization; understanding the causes of
victimization; preventing victimization;
reporting suspected victimization; and accessing
services for senior crime victims;
-
Consumer outreach
initiatives should be developed to raise senior
citizens’ awareness of personal safety and
security issues, and to educate them on how to
protect themselves from being victimized. These
educational outreach initiatives might include:
-
Topical public
seminars on preventing fraud and financial
exploitation;
-
A consumer
hotline that seniors can access for
information concerning laws, regulations,
predatory lending practices, and prevalent
scams to defraud the elderly that they
should be aware of, and take into
consideration, in entering into contractual
agreements with financial service providers,
such as personal financial advisors, and
home service providers, such as building
contractors, maintenance and repair
companies; and lawn care and landscaping
services;
-
A speakers
bureau comprised of volunteers from law
enforcement agencies, victim services
organizations, and agencies and
organizations that work with the elderly,
that would respond to invitations from
membership and service organizations of
senior citizens and professional and
community groups for presentations on topics
relating to preventing the elder abuse,
neglect, and exploitation;
-
Brochures and
posters that can be made available in banks,
credit unions, and other financial
institutions; supermarkets and shopping
malls; senior centers, libraries, and other
public buildings to:
-
provide
seniors information to help them avoid
becoming the victims of predatory
lending practices and prevalent scams to
defraud the elderly; and,
-
inform
senior citizens of their rights under
law and to how to access assistance if
they suspect that these rights are being
violated.
-
Brochures and
educational programs to inform seniors
concerning procedures to revoke or change a
power of attorney, and issues and factors
that seniors should take into consideration
in determining whether to pursue power of
attorney alternatives, such as adding family
members to bank accounts.
-
Efforts should be
enhanced to encourage employers to adopt and
implement personnel policies that are supportive
of, and permit flexible scheduling for, workers
who are full-time caregivers of elderly persons;
-
The media should be
encouraged to cover the prosecution of cases
involving senior crime victims.
APPENDICES
-
List Of The Members
Of The Delaware Attorney
General’s Task Force On Senior Victims
-
List Of The
Subcommittees Of The Delaware Attorney
General’s Task Force On Senior Victims
-
List of Services And
Other Resources In Delaware
For Senior Crime Victims
-
Proposed Amendments
To Title 11 Of The
Delaware Code
-
Proposed Amendments
To Title 10 Of The
Delaware Code
-
Draft Of The Model
Police Department Senior
Victim Policy
-
About The
Clearinghouse On Abuse And Neglect
Of The Elderly At The University Of Delaware
-
About The Delaware
Department Of Justice Medicaid Fraud Control
Unit
-
About The Delaware
Department Of Justice Medicaid Fraud Control
Unit, Patient Abuse Unit – Nursing Home Staff
Training Curriculum
-
lder Abuse Protocol
For Medical Facilities
APPENDIX A: LIST OF THE MEMBERS OF THE
DELAWARE
ATTORNEY GENERAL’S TASK FORCE ON
SENIOR VICTIMS
LIST OF MEMBERS OF THE
DELAWARE ATTORNEY GENERAL’S TASK FORCE ON SENIOR
VICTIMS
M. Jane Brady, Attorney General, Chair
Gary Alderson, Esq. - Deputy Attorney General,
Delaware Department of Justice
Vickie Artis - Adult Protective Services
Administrator, DHSS
Francis Babiarz - Deputy Bank Commissioner for
Supervisory Affairs
Office of the Delaware State Bank Commissioner
Sue Bardsley, - RN Christiana Care Health Systems
Shirlynn Barne - Milford Manor Nursing Home
Timothy Barron, Esq. - Director, Medicaid Fraud
Control Unit, Delaware Department of Justice
Robert Bonniwell - Modern Maturity Center, Dover,
Delaware
Kathryn Bunville, Esq. - Deputy Attorney General,
Delaware Department of Justice
Leo Burns, MD - Emergency Medical Services,
Christiana Care Health Systems
Richard Callery, MD - Chief Medical Examiner,
Director, Forensic Sciences Laboratory, DE
Department of Health & Social Services
Michael Capriglione - Chief of Police, Town of
Newport, DE
Patricia Curtin, MD - Chief of Geriatric Medicine,
Christiana Care Health Systems
Jennifer DeJesus Coordinator, - Senior Advocate
Program, DE Department of Justice
Carlos de los Ramos - Latin American Community
Center
David Ferry, Esq. - Attorney at Law
Christine Frystacki Director (former), - Services
for Aging/Adults with Physical Disabilities
Polli Funk - Delaware Coalition Against Domestic
Violence
Robert Glen - Delaware State Bank Commissioner
Richard Harper - Sussex County Senior Services,
CHEER
Timothy Hoyle - Delaware Department of Health &
Social Services
Richard Johnson - President, Delaware Chapter, AARP
Mariann Kenville-Moore Director, - Victims &
Witness Services, DE Department of Justice
Kathleen Keuski - Meals on Wheels, Sussex County, DE
Richard Kiger, Esq. - Chief Deputy, New Castle
County Register of Wills
Carolee Kunz, Esq. - Director, Services for Aging
& Adults with Physical Disabilities
Thomas Murray DE - Division of Long Term Care
Resident Protection
Howard Rubinstein, MD - Director of Emergency
Medicine, St. Francis Hospital, Wilmington, DE
Olha Rybakoff - Senior Advocate
Olha Rybakoff, Esq. - Director, Consumer Protection
Unit, DE Department of Justice
Gregory Sacco Director, - Fraud Prevention Bureau,
DE Department of Insurance
David Simpson, MD - Christiana Care Outpatient
Geriatric Assessment Program
Philip Soule Medicaid Director, DE - Department of
Health & Social Services
Gerard Spadaccini - Deputy Principal Assistant,
Delaware Medical Examiner’s Office
Karen Stein, PhD. - Coordinator, Clearinghouse on
Abuse & Neglect of the Elderly,
University of Delaware
Dawn Thompson - Delaware Department of Justice
Ruth Townsend - Investigator, Medicaid Fraud Control
Unit, DE Department of Justice
Robin Williams - Bruner Public Guardian
APPENDIX B:
LIST OF THE SUBCOMMITTEES OF THE DELAWARE
ATTORNEY GENERAL’S TASK FORCE ON
SENIOR VICTIMS
LIST OF THE
SUBCOMMITTEES OF THE
DELAWARE ATTORNEY GENERAL’S TASK FORCE ON SENIOR
VICTIMS
Elder Abuse
Prevention
Christine Frystacki, Chair
Colleen Anderson, Esq.
Bill Clark
Carolee Kunz, Esq.
Katie McMillan
Olha Rybakoff
Olha Rybakoff, Esq.
Financial Fraud
Robert Glen, Chair
Francis Babiarz
David Bakerian
Howard Jester
James Ropp, Esq.
Gregory Sacco
Hon. Carl Schnee
Michael Undorf, Esq.
Law Enforcement
Chief Michael Capriglione, Chair
Chief Richard Baldwin
Dr. Leo Burns
John Miller
Chief William Topping
Legislative
Timothy Barron, Esq., Chair
Kathryn Bunville, Esq.
David Ferry, Esq.
Richard Kiger, Esq. |
Medical
Services
Dr. Leo Burns, Chair
Sue Bardsley, RN
Dr. Patricia Curtin
Dr. Howard Rubinstein
Dr. David Simpson
Physical Abuse
Vickie Artis, Chair
Gary Alderson, Esq.
Dr. Leo Burns
Dr. Richard Callery
Polli Funk
Gerard Spadaccini
Ruth Townsend
Residential Services
Thomas Murray, Chair
Timothy Hoyle
John Miller
Steve Tanzer
Resources
Robin Williams-Bruner, Chair
Vickie Artis
Jennifer DeJesus
Carlos de los Ramos
Mariann Kenville-Moore
Richard Harper
Richard Kiger, Esq.
Richard Johnson
Dr. Karen Stein |
APPENDIX C: LIST
OF SERVICES AND OTHER RESOURCES IN DELAWARE FOR
SENIOR CRIME VICTIMS
Alzheimer’s
Disease
Alzheimer Association:
NC 633-4420
K/S 1 (800) 219-7666
Contact – Delaware, Inc.: 1 (800) 262-9800
Alzheimer’s Day Treatment Program,
Evergreen Center: NC 995-8448
K/S 422-1575
Delaware Elwyn:
NC 658-8860
Death and Bereavement
Compassionate Care Hospice of Delaware:
NC 683-1000
K/S 1 (800) 219-0092
Delaware Hospice, Inc.: NC 478-5707
K 678-4444
S 856-7717
Statewide………………… 1 (888)
838-9800
Oncology Care: NC 455-1500
Visiting Nurse Association K 424-4801
S 855-9700
Statewide………………… 1 (888)
862-0001
Employment Counseling and Job Training
Senior Employment Programs – 55+:
Wilmington Senior Center: NC 651-3440
Modern Maturity Center: K 734-1200
First State Community Action: S 856-7761
Financial Assistance – Emergency
Catholic Charities: NC 654-6473
K 674-4016
S 684-8694
Delaware Helpline: 1 (800) 464-4357
Information and referral only
Salvation Army: NC 656-1667
K 678-9551
S 628-2020
Financial Counseling
Consumer Credit Counseling Service: NC
996-9004
Debt management 1 (800) 642-2227
K 672-7772
Delaware Cooperative Extension: NC 831-1239
Budget counseling K 697-4000
S 856-7303
Delaware Money Management Program: 1 (800)
223-9074
Statewide (for seniors and disabled)
Interfaith Housing: NC 995-7428
K 424-4650
Health Insurance Matters
ELDERinfo:
1 (800) 336-9555
Health insurance counseling for
K 739-6266
people with Medicare
Consumer Services:
1 (800) 282-8611
Automobile and homeowners insurance K 739-4251
Fraud Prevention:
1 (800) 632-5154
Insurance Fraud K 739-4257
Homemaker/Home Health Care Services
Cheer Home Services:
S 856-5187
Division of Services for the Aging and
Adults with Physical Disabilities:
NC 453-3820
1 (800) 223-9074
K/S 422-1386
Generations Home Care:
NC 658-6731
Statewide………….. 1-888-810-5422
Home Health Care Corp.:
NC 738-9756
K 697-7125
Christina Care Visiting Nurse Association:
Statewide…………. 1 (888) 862-0001
|
Housing
Info | |