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Mandated reporting of elder abuse in Missouri
Legal and ethical reporting of elderly abuse
Effectiveness of mandatory reporting
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Recommended: Mandated reporting of elder abuse in Missouri
Background on Mandatory Reporting Laws Elder abuse is causing emotional, physical or sexual harm, financial exploitation, or intentional or unintentional neglect to someone of greater age, whether it be from a family member or a stranger. Elder abuse has been a social issue for many years prior to any kind of legislation being made. Victims of elder abuse are often older adults ages 60 to 75 and the person abusing the elder is usually someone the victim knows, but could be a stranger in certain cases. Laws are created to protect and prevent unacceptable actions from happening. As the awareness of abuse became apparent to advocate groups there was a push toward the creation of legislation. The first initial movement toward incorporating elder care in legislation was in the 1960s with the Older Americans Act. The Older Americans Act assigned guardianship or institutionalization to cases of abuse. This trend continued into the 1970s with the creation of Adult Protective Services. The Adult Protective Services was created through the Social Security Act to protect adults 18 or older who suffer from abuse, neglect, or exploitation through funding for welfare programs. Just three years into the new millenium the Elder Justice Act was introduced. In 2010, the Elder Justice Act was made into a law and began receiving funding from the federal government as part of President Obama’s health care reform bill. The focus of this paper is to look at whether or not mandatory reporting laws increase the likelihood that cases of elder abuse and neglect will be reported. More specifically looking at the effectiveness of having mandatory reporting laws and to see if other variables contribute to the effectiveness or ineffectiveness of the laws. Wh... ... middle of paper ... ...hospital and hospital-based care providers. Archives of Gerontology and Geriatrics, 48(1), 110-115. doi:10.1016/j.archger.2007.11.002 Rodríguez, M. A., Wallace, S. P., Woolf, N. H., & Mangione, C. M. (2006). Mandatory reporting of elder abuse: Between a rock and a hard place. Annals of Family Medicine, 4(5), 403-409. doi:10.1370/afm.575 Rudnick, J. D., & Teaster, P. B. (2013). Elder abuse and neglect: A survey of clergy awareness, knowledge, and intervention preferences. Journal of Elder Abuse & Neglect, 25(4), 323-338. Salend, E., Kane, R. A., Satz, M., & Pynoos, J. (1984). Elder abuse reporting: Limitations of statutes. The Gerontologist, 24(1), 61-69. Sengstock, M. C., & Hwalek, M. (1986). Domestic abuse of the elderly: Which cases involve the police? Journal of Interpersonal Violence, 1(3), 335-349. doi:10.1177/088626086001003006
According to Missouri's Department of Health and Senior Services, there are three things that elder abuse can be classified as. It can be classified as abuse, neglect, or likelihood of serious physical harm. While all of these classifications sounds quite similar, there are some subtle differences. The Missouri Department of Health and Senior Services defines abuse as " the infliction of physical, sexual, or emotional injury or harm including financial exploitation by any person, firm, or corporation" ("Protective Services For Adults," n.d., para. 4). Elder neglect is "the failure to provide services to an eligible adult by any person, firm, or corporation with a legal or contractual duty to do so, when such failure presents either an imminent danger to the health, safety, or welfare of the client or a substantial probability that death or serious physical harm would result"("Protective Services For Adults," n.d., para. 4). Abuse, neglect, as well as likelihood of serious physical harm are all reportable by law. ("Protective Services For Adults," n.d).
Some of these cases of abuse are done in elderly homes by family members. In the first section of the article, the authors discuss the definition of elder abuse. The authors began with the most common types of elder abuse, which are physical and neglect. Elder abuse is the intentional use of physical force that results in acute or chronic illness, bodily injury, physical pain, functional impairment, distress, or death (Choi NG & Mayer J. In summary, the rhetorical analysis essay discusses how elder abuse and neglect affect the victims physically, emotionally, and professionally.
As you can see, I am not elderly and I have not experienced elder abuse personally, but I am a concerned American. The aging
In 1965 the first Aging American’s Act was passed. This legislation was part of Lyndon Johnson’s Great Society reform. In passing this legislation nearly 50 years ago, the government created a new department the focused on the rights and needs of the gaining population called the United States Administration on Aging. The original legislation was complete with seven titles. The articles include Title I—the Declaration of Objectives for Older Americans; Title II—Establishment of Administration on aging; Title III—Grants for state and community programs on aging; Title IV—Activities for health and independence, and longevity; Title V—Community service senior opportunities act; Title VI—Grants for Native Americans; and Title VII—allotments for vulnerable elder rights protection activities. Each of these titles are present in the most recent Aging Americans Act Reauthorization Act of 2013. Each of the titles in the original and reauthorization have levels of measure to ensure that the legislation is enacted in a manner that will protect the aging population. The titles provide guidance to involved organizations and caregivers ensuring each is properly educated in treating the medical and mental health needs of the aging population as well as recognizing, reporting, and preventing elderly abuse, neglect, and physical, mental, and financial exploitation.
I have taken a training on mandatory reporting every year as it is required by the agencies I have worked for. As a result, I did not learn anything new from this particular training. However it serves as a reminder of my duty to report and the importance of such a duty in the work that we do. What I would like to see is a training on reporting for adults who are at risk, particularly the elderly and/or adults with a serious mental illness that have a guardian or live in assisted living. I do not know if the mandatory reporting laws extend to cover adults however I feel that if social workers suspect abuse, especially amongst at risk adults such as the elderly or seriously mentally ill, these suspicions should be reported to law enforcement and Adult Protective Services much in the same way as mandated for suspected abuse of
To begin, “Financial abuse towards the elderly is defined as the financial exploitation of seniors because of vulnerabilities related with age”. (Crimes-of-persuasion.com). It is unfortunate that this kind of abuse can be done by someone the elders know and trust – such as, family members, visitors, nurses, social workers, or doctors. From the same website, an explanation is given on how seniors may not report such a crime for a variety of reasons. Some may be either that they are simply unaware of the situation, afraid of revenge by the abuser, or ashamed that they cannot handle the abuse in their own home themselves. It has been proven, by the Mature Market Institute, a research organization, that four out five cases of elder abuse from a financial nature are not reported because of the motives that were previously stated. Is this ...
In recent years, the shameful subject of elder abuse has gained more awareness among community members. In particular, the complexity of elder financial abuse often makes manipulative dealings by fraudsters difficult to identify and separate from actual permissive transactions made by older victims. The result is that these cases are very rarely prosecuted and many other undetected cases continue to fall far below the radar of society. The consequences of financial exploitation of older adults are reaching far beyond the immediate distress of financial depletion. Victims may also experience declines in physical and mental health as well as the risk of a decrease in life expectancy (Kemp & Mosqueda, 2005). The purpose of the following studies is to address the issue of financial exploitation of elder adults through the means of intervention, prosecution, prevention, and correlation between different forms of abuse.
Shannon Brennfleck, Joyce. Ed. Domestic Violence Sourcebook: Third Edition. Detroit, Michigan: Omnigraphics Inc. 2009. 276-279. Print.
Conclusion Child abuse and neglect is a very serious issue that can not be taken lightly. We need to provide continuing public education and professional training. Few people fail to report because they want their children to suffer abuse and neglect. Likewise, few people make deliberately false reports. Most involve an honest desire to protect children, coupled with confusion about what conditions are reportable.
Cases of elder abuse, neglect, and financial exploitation have been recognized over the years by the criminal justice system and there has been great emphasis on it. Trainings for prosecutors and law enforcement officers have been implemented in order to learn the various aspects and have a better understanding of such cases. These trainings have also helped with identifying a potential elder offender and/or victim. Mental and physical conditions play a part and affect the elderly who are victimized or have offended, therefore, it is important for the criminal justice system to be able to identify these unique aspects (Aprile, 2012).
There is a higher mortality rate among elders who are abused. Psychological and social wellbeing important factors in maintaining a desire to live. Signs of elder abuse may be missed due to lack of detect abuse. The elderly may be fearful to report abuse as they fear retaliation. The elderly individual may lack cognitive or physical ability to report the incidents. The elderly may be fearful that their family member will get in trouble. It is reported that 90% of abusers are family members (NCEA, 2011). Abuse of the elderly is a world-wide problem. In the United States, it is reported that one half million reports of abuse against the elderly are filed every year. Millions more cases go unreported. An elder that is physical frail may have difficulty with sight, hearing and mobility can set them up as an easy target of abuse. Elderly abuse tends to occur where the elder lives with their adult children, grandchildren or their elder spouse. However, elder abuse can occur in long-term care facilities. There are different type of elder abuse such as physical abuse, emotional abuse (either verbal or non-verbal), sexual abuse, neglect or abandonment by caregivers, financial exploitation. There can also be health care fraud and abuse by unethical doctors, nurses, hospital personnel or other care providers. Sometimes a caregiver who is abusing the elder will try to explain away any signs or symptoms
‘Continued advocacy is required to ensure that public policy remains focused on the needs of older adults, adults with dementia and adults in danger of abuse. In order to effectively combat elder abuse there must be leadership from government, service providers, other institutions and older people themselves and the organisations that represent them. Many of the risk factors associated with elder abuse and neglect will increase in Irish society over the coming decades given the rapidly ageing population. It’s essential that a strategy is drafted by government to deal with the multitude of issues that an ageing population will face. The CSO projects that the number of over-65s will double by 2026 to 909,000. ALONE is calling on the government to live up to its promise to take a pragmatic approach to the ageing Irish population.’ (Alone n.d)
Elder abuse is sometimes known as quiet wrongdoing. The vast majority of individuals never observe it because most victims are abused in secret by their relatives. What's more, over and over again, individuals who do see it choose not to get involved because it's "not my issue to worry about." Elder abuse is a crime that knows no limits. Elder Abuse can happen anyplace, whenever; it can affect all races, religions, ethnicities, culture, and socio-economic groups. It can happen in community settings, for example, private homes or in an institutional setting. According to Wolf (1981) congressman, Claude Pepper held broadly distributed hearings, pointing out the "concealed issue" of elder abuse in the nation’s families, including what one witness
Many elderly adults are abused in their own homes, in relatives’ homes, and even in facilities responsible for their care. If you suspect that an elderly person is at risk from a neglectful or overwhelmed caregiver, or being preyed upon financially, it’s important to speak up. Learn about the warning signs of elder abuse, what the risk factors are, and how you can prevent and report the problem, as helpguide.org points out I believe that elder abuse impacts our society because it's a topic that affects a lot of people. Elder Abuse? What is this? Many people wonder the same thing but never take the time to look deeper into this subject. Elder abuse is when an elder becomes more physically frail they're less able to stand up to bullying or to fight back if they are getting attacked (Nolo.com). As people get elderly they start loosing the ability to hear and to see clearly and others take advantage of them. Many suffer mental, emotional and physical illnesses, which make it easier for those who live with them easier to take advantage of. They shouldn't be doing this because what if this was happening to their own loved one, they wouldn't like it them.
Mercy, J.A. & Saltzman, L.E. "Fatal violence among spouses in the United States, 1976-85" American Journal of Public Health 79(5): 595-9 May 1989