Elder Abuse

Question 0

What do protective services investigate?

Answer 0

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

Question 1

Who are protective services?

Answer 1

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)

Question 2

What are some things APS can do for you?

Answer 2

Assistance in emergency situations

Intervene when victim refused services

Assist with investigation/interrogation of physical

Question 3

What is mandatory reporting?

Answer 3

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

Question 4

What should be reported to law enforcement?

Answer 4

Death of a dependent person under suspicious circumstances

Willful infliction of physical pain/injury

Physical injury not consistent w/bruising

Abandonment

Question 5

What are steps to Investigating physical abuse and neglect?

Answer 5

Observations of the environment

• pre investigation surveillance
• observation of physical environment
• relationship
• whose managing finances

Abuse triangle
-child/domestic/elder abuse

Self help devices

Question 6

What are two “ victim needs physical evidence” ?

Answer 6

Victim may need special emergency services
-medical, rape/DV shelter

Evidence gathering

• excited utterances
• photos
• medical

Question 7

What are some problems w/investigating elder abuse?

Answer 7

Victim might be afraid to tell what happened

Victim might not understand what happened

Victim might not be able to verbalized what happened

Question 8

What are some tips when responding to elderly victims?

Answer 8

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

Question 9

What percent of elderly abuse is done by family members?

Answer 9

Studies indicate 10%

Question 10

What are financial crime and undue influence red flags?

Answer 10

Always call APS for help

Unusual bank activity
Signature changes
Changes in property

Question 11

What are the steps to investigate financial crimes?

Answer 11

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

Question 12

What is the elder abuse prevention act, Restraining order?

Answer 12

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

Question 13

Civil cause for action law suite?

Answer 13

Lawsuits can be filed by elderly, guardian conservator or attorney

Filed against anyone who caused physical or fiduciary abuse

7 year statue of limitations

Question 14

What is the procedure when a department or designee receive confirmation of abuse?

Answer 14

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

Question 15

Can LEA request account information without a subpoena?

Answer 15

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

Question 16

Financial crimes may result in exclusion from Medicare/Medicaid funded activities, where should these convictions be reported to?

Answer 16

Medicaid fraud unit of the Oregon department of justice

Question 17

What is interagency investigations?

Answer 17

Different kinds of care facilities are governed by different administrative rules that set the standard for what is considered acceptable care

Question 18

Financial victimization?

Answer 18

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

Question 19

What are records from banks and other financial institutions?

Answer 19

1) Consent
2) Disclosure initiated by bank
3) Disclosure to law enforcement
4) Subpoena
5) Search warrant

Question 20

Unlawful trade practices act?

Answer 20

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

Question 21

Unconscionable tactics?

Answer 21

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

Question 22

Unlawful business/trade practices?

Answer 22

Passes off real estate goods, services

Causes confusion or misunderstanding as to the approval or certification of real estate etc