Elder Abuse Flashcards
What do protective services investigate?
1) physical abuse
2) neglect
3) abandonment
4) sex abuse
5) financial abuse
6) psychological abuse
7) self neglect
And involuntary seclusion and unlawful use of chemical and physical restraints
Who are protective services?
1) social service agency charged w/investigation and protection for elderly and 18+ with disabilities
2) OR supervisory agency- seniors and people with disabilities (SPD)
3) each county has a SPD office or area agency on aging (AAA)
What are some things APS can do for you?
Assistance in emergency situations
Intervene when victim refused services
Assist with investigation/interrogation of physical
What is mandatory reporting?
Any private official who has reasonably cause to believe that any person 65 years or older while acting in official capacity has been abused must report
What should be reported to law enforcement?
Death of a dependent person under suspicious circumstances
Willful infliction of physical pain/injury
Physical injury not consistent w/bruising
Abandonment
What are steps to Investigating physical abuse and neglect?
Observations of the environment
- pre investigation surveillance
- observation of physical environment
- relationship
- whose managing finances
Abuse triangle
-child/domestic/elder abuse
Self help devices
What are two “ victim needs physical evidence” ?
Victim may need special emergency services
-medical, rape/DV shelter
Evidence gathering
- excited utterances
- photos
- medical
What are some problems w/investigating elder abuse?
Victim might be afraid to tell what happened
Victim might not understand what happened
Victim might not be able to verbalized what happened
What are some tips when responding to elderly victims?
1) Be attentive if they are tired or not feeling well
2) allow victims to collect their thoughts
3) ask if they have difficulty hearing/seeing
4) ask if they want to contact family/friends
5) be alert for signs of DV/neglect
What percent of elderly abuse is done by family members?
Studies indicate 10%
What are financial crime and undue influence red flags?
Always call APS for help
Unusual bank activity
Signature changes
Changes in property
What are the steps to investigate financial crimes?
1) actions of victim which may signal finical exploration
2) actions of perpetrator that may signal financial exploitation
3) important for officers to know: call APS
4) records regarding assets
5) other non bank records
6) undue influence
What is the elder abuse prevention act, Restraining order?
Victim of abuse within 180 days
- Remain effect for 1 year
- Require that abuser move away if jointly owned by an user and victim
- police assist removing abuser belongings
- restraint of any contact w/elderly, abuse or places where elderly frequent
- assessment if cost/fees against abuser
Civil cause for action law suite?
Lawsuits can be filed by elderly, guardian conservator or attorney
Filed against anyone who caused physical or fiduciary abuse
7 year statue of limitations
What is the procedure when a department or designee receive confirmation of abuse?
If a department or designee determines a crime has been committed, they shall notify law enforcement of their jurisdiction. Law enforcement shall confirm within two business days of receipt of the notification
Can LEA request account information without a subpoena?
Yes
For criminal investigatory purposes
Must specify which account and dates
Must follow up oral request with written request
Institution is authorized to give 15 days before and after the transaction
Financial crimes may result in exclusion from Medicare/Medicaid funded activities, where should these convictions be reported to?
Medicaid fraud unit of the Oregon department of justice
What is interagency investigations?
Different kinds of care facilities are governed by different administrative rules that set the standard for what is considered acceptable care
Financial victimization?
It can be prosecuted criminally even if the victim participates in his/her own victimization because the relevant statues focus on the defendants actions and state of mind not the victims
What are records from banks and other financial institutions?
1) Consent
2) Disclosure initiated by bank
3) Disclosure to law enforcement
4) Subpoena
5) Search warrant
Unlawful trade practices act?
Passes off real estate, goods or services
Promises to deliver real estate, services or goods in a certain time period
With intent to not deliver as promised or to provide services
Unconscionable tactics?
Unlawful practice when in course of business, vocation, occupation, the Employe uses unconscionable tactic w/connection to sale, rental or other disposition
Knowingly taking advantage of a customer etc
Unlawful business/trade practices?
Passes off real estate goods, services
Causes confusion or misunderstanding as to the approval or certification of real estate etc
