PROTOCOL FOR OLDER DOMESTIC VIOLENCE VICTIMS AND VICTIMS WITH DISABILITIES

Transcription

1 PROTOCOL FOR OLDER DOMESTIC VIOLENCE VICTIMS AND VICTIMS WITH DISABILITIES An Addendum to the City of Dayton Domestic Violence Protocol The following protocol was made possible by the joint efforts of: The Access Center for Independent Living, The Adult Protective Services Division of the Montgomery County Department of Jobs and Family Services, Area Agency on Aging, Artemis Center for Alternatives to Domestic Violence, City of Dayton Police Department, City of Dayton Prosecutor s Office, City of Dayton, Country View Manor, Family Violence Collaborative, Good Samaritan Hospital, Grafton Oaks Nursing Facility, Grandview Hospital, Kettering Medical Center, Livingston Care Center, Mary Scott Nursing Center, Miami Valley Hospital, Ohio Domestic Violence Network, Senior Resource Connection, and The YWCA of Dayton. Added April 2005

2 The Police Response April 2005

3 The Prosecutor s Response April 2005

4 The Advocate Response April 2005

5 The Criminal Judicial Response April 2005

6 Emergency Shelter Plan for Victims 60 and Older and Victims with Disabilities in the City of Dayton Added April 2005

7 SECTION I THE POLICE RESPONSE TABLE OF CONTENTS A. Receiving and Investigating Reports of Elder Abuse and/or Domestic Violence...1 B. When Source of Report is APS...1 C. Reporting Elderly Abuse Cases to APS...1 D. What Information to Report to APS...1 E. Accompany an APS Social Worker...2 F. Information to Provide to APS after Performing a Welfare Check...2 G. Accompany a Victim Advocate...2 H. Arranging Transportation to Nearest Medical Facility...2 I. Informing Law Enforcement Staff of Duty to Report Elder Abuse...2

8 SECTION I SPECIFIC RESPONSIBILITIES OF THE DAYTON POLICE DEPARTMENT A. Receiving and Investigating Reports of Elder Abuse and/or Domestic Violence The Dayton Police Department will receive and investigate reports of elder abuse and/or domestic violence from any source twenty four hours per day, seven days per week. 1. Reports generated from an elder abuse/domestic violence investigation where the victim is incapacitated due to injury or special needs and cannot adhere to order in policies must articulate these injuries or special needs so detectives and prosecutors can properly follow up with the victim. 2. Search warrants will be used as a tool for gathering information. B. When Source of Report is APS When the source of a report is Adult Protective Services (APS), the dispatcher should inform the responding crew to contact APS before investigating if more information is needed. The APS social worker can provide the specifics of the situation to the officers and information on how to address the victim's needs. C. Reporting Elderly Abuse Cases to APS All Dayton Police Officers are required to immediately report to Adult Protective Services any case in which a law enforcement officer has reasonable cause to believe that an adult is abused, neglected, self neglected, or exploited. The report must be made by telephone to Adult Protective Services. In addition, all incident reports that include a reference to "Endangered Elderly" should be faxed to APS. D. What Information to Report to APS The initial reports should include the following information, if known: The name, address, approximate age, date of birth, social security number, phone number and the mental/physical functionality of the adult victim who is the subject of the police incident report; The name and phone number of the person making the report, and the time the APS social worker can follow up with additional questions; The name and address of the individual responsible for the adult's care, if any individual is, and if she/he is known; The nature and extent of the alleged abuse, neglect, self neglect, and exploitation of the adult; The basis of the officer's belief that the adult has been abused, neglected or exploited; The name, address, and phone number of the nearest family member or close friend; Any potentially dangerous situations that may impose a threat to APS personnel investigating the case; and Any involvement of other agencies with the client, and any other agencies, hospitals, or individuals notified of the incident. 1

9 E. Accompany an APS Social Worker The Dayton Police should accompany the APS social worker to a victim s home when there is an issue of the social worker's safety or the need for a joint intervention. F. Information to Provide to APS after Performing a Welfare Check After performing a welfare check at the request of an APS intake or other social worker, the Dayton Police should provide the following information to APS about the adult in question by the next business day. If the request for a welfare check is made by the assigned APS social worker, follow up is directed to that individual. The welfare check verbal or written report should include the following information: The person's name, address, and the mental/physical functioning of the adult who is the subject of the police incident report Any potentially dangerous or harmful situations Observations of the person, surroundings, caretaker, family and others present Any other agencies, hospitals, or individuals notified of the incident Name, PDA number, and phone number of the officer making the report; and the time the assigned social worker can follow up on the case G. Accompany a Victim Advocate The Dayton Police should accompany the victim advocate to a victim s home when there is an issue of the advocate s safety or the need for a joint intervention. H. Arranging Transportation to Nearest Medical Facility The Dayton Police should arrange for the victim to be transported to the nearest medical facility for medical care and/or a forensic exam, if necessary. If there are questions, officers can refer to existing policies & procedures for hearing impaired/mentally ill victims. The arrangements will be similar. I. Informing Law Enforcement Staff of Duty to Report Elder Abuse The Dayton Police will inform all officers of their legal responsibility to report all cases of suspected elder abuse to Adult Protective Services. 2

10 SECTION II THE PROSECUTOR S RESPONSE TABLE OF CONTENTS A. General Statement of Purpose...3 B. Determining Whether the Facts Support an Allegation of Elder Abuse...3 C. Specific Responsibilities of the City of Dayton Prosecutor s Office...4 D. Criminal Charges to be Considered in Allegations of Elder Abuse...4

11 SECTION II THE PROSECUTOR S RESPONSE A. General Statement of Purpose Family members commit much, but not all, elder abuse, and it is appropriate to consider elder abuse as part of the continuum of family violence. Therefore, the information contained herein is to be used in conjunction with Sections I through X of Section II, The Prosecutor s Response, of the City of Dayton Domestic Violence Protocol. All of the requirements of Sections I through X in the City of Dayton DV Protocol are applicable when the allegations involve older adults (a person age 60 or older), people with disabilities, and vulnerable adults whereby a family member is the abuser. (Hereinafter the term elder abuse shall be used as a general referral to incorporate all of the categories listed above.) Elder abuse is also committed by non family caregivers. In such cases, Sections I, II, IV, VI, VII, VIII in the City of Dayton DV Protocol are applicable and should be used. The materials contained herein are set forth in the following three areas. The first area (Section II.B) offers basic information to be evaluated by the Prosecutor when determining if the facts of a case should be considered elder abuse. The second area (Section II.C) provides the Prosecutor s responsibilities for elder abuse cases. The third area (Section II.D) offers a list of charges to be considered in elder abuse cases. B. Determining Whether the Facts Support an Allegation of Elder Abuse When analyzing the facts and assessing indicators of elder abuse for criminal charges, prosecutors at the intake level of review will be trained to identify and understand the following categories of abuse. Physical Abuse: Any situation in which there is a non accidental use of physical force that results in bodily injury, pain, or impairment. Sexual Abuse: Any situation in which there is non consensual sexual contact of any kind that is forced, unwanted, or administered unknowingly through deception. Emotional/Psychological Abuse: Any situation in which there is the infliction of anguish, pain, or distress through verbal or nonverbal acts. Neglect: Any situation in which a caregiver fails to provide necessary goods, services, or healthcare. Abandonment: Any situation in which there is desertion by a caregiver or person with physical custody. Financial Exploitation: Any situation in which there is an illegal or improper use of a person s funds, property, or assets. 3

12 Prosecutors will also be trained in the following risk factors for use when analyzing the facts and assessing indicators of elder abuse for criminal charges. Dependency of the abuser on the victim Dependency of the victim on the abuser Disturbed psychological state of the abuser Frailty, disability, or impairment of the victim (physical and mental) Social isolation of the victim A history of substance abuse or mental pathology in either the victim or the abuser A previous history of abuse in the care giving context A history of domestic violence or other forms of violence within a family is also likely to be a significant risk factor. C. Specific Responsibilities of the City of Dayton Prosecutor s Office 1. The City of Dayton Prosecutor s office is available to meet with and advise law enforcement agencies, hospitals, human service agencies, or Adult Protective Services (APS), regarding any suspicions of abuse. The prosecutor s goal will be to hold the abuser accountable while protecting the victim and the victim s property and/or assets. 2. The City of Dayton Prosecutor s Office will provide legal direction and interpretation on issues involved in cases presented for criminal charges. 3. The City of Dayton Prosecutor s Office will work with all agencies involved with open or pending criminal cases. Victim mobility issues may exist, and systems partners should be prepared to address them collaboratively. 4. The City of Dayton Prosecutor s Office will advise APS regarding the status of criminal actions relating to any elder abuse or domestic violence cases involving APS. The action could include the processing of motions for temporary protection orders in Dayton Municipal Court for the protection of the victim. 5. The prosecutor will also notify the Court prior to any scheduled court hearing of any special accommodations the victim may need. D. Criminal Charges to be Considered in Allegations of Elder Abuse Domestic Violence, R.C Misuse of Credit Card, R.C Assault, R.C Petty Theft, R.C Interference with Custody, R.C Unlawful Restraint, R.C Aggravated Menacing, Menacing, R.C Failure to Provide for a Functionally Impaired Person, R.C

13 SECTION III THE ADVOCATE RESPONSE TABLE OF CONTENTS A. Serving Older Victims and Victims with Disabilities Adapting Services to the Needs of the Victim...5 a. Outreach...5 b. Initial Contact with Victims...5 c. Assessment...6 B. Referral Procedures for Domestic Violence Advocates Victims Age 60 and Older Victims with Mental Retardation/Developmental Disabilities...10 C. Notify Prosecutor of Victim's Special Needs.10

14 SECTION III THE ADVOCATE RESPONSE A. Serving Older Victims and Victims with Disabilities Domestic violence advocates will provide the same services to older victims and victims with disabilities as are outlined in Section III, The Advocate s Response, of the City of Dayton Domestic Violence Protocol. No victim will be denied services on the basis of age or disability. In accordance with the Americans with Disabilities Act, no victim will be excluded, denied services, segregated, or otherwise treated differently than anyone else because of the absence of auxiliary aids and services. If the provision of a given auxiliary aid or service would result in an undue burden, the domestic violence agencies shall provide an alternate aid or service that ensures, to the maximum extent feasible, that persons with disabilities receive the same goods, services, facilities or accommodations offered to everyone else. 1. Adapting Services to the Needs of the Victim a. Outreach Advocates should be aware that older victims or victims with disabilities may not be able to respond to traditional outreach approaches. Victims who are deaf or hard of hearing may have difficulty communicating over a regular telephone. Victims with vision problems may need printed materials with larger type. Victims who are mentally retarded, developmentally disabled or who have learning disabilities may require additional time to provide explanations of legal rights and services. Advocates will, to the best of their ability, provide outreach approaches appropriate to the needs of the victim including home visits. Advocates will request Dayton Police escort them to a victim s home when there is an issue of the advocate s safety or the need for a joint intervention. b. Initial Contact with Victims In all initial contacts with victims, whether in person or in writing, advocates will ask appropriate, non intrusive questions to determine if the victim needs special accommodations or services because of infirmity or disability. Examples of appropriate questions are as follows: Do you consider yourself to have a disability? What, if any, special help will you need while you receive services from us? Advocates should note that not all victims with an infirmity or disability will identify themselves as having an infirmity or disability, and some victims who self identify as having an infirmity or disability may decline special services. Advocates will ask victims for releases of information, when appropriate, to facilitate communication with other service providers who are already assisting victims because of an infirmity or disability. The intent of this provision is to coordinate services and provide the best possible services to victims, without 5

15 overwhelming the victims. Contact with multiple agencies and service providers can be confusing and overwhelming to some victims. c. Assessment Abuse of older victims and victims with disabilities can include certain types of neglect and exploitation not always found when working with younger victims or victims without disabilities. The tools on the next two pages are designed to assist advocates in recognizing possible signs and symptoms of abuse, neglect and exploitation of older victims and victims with disabilities. 6

16 SUSPECTED ABUSE TOOL FOR WORKING WITH OLDER VICTIMS (Adapted from Screening Tools and Referral Protocol for Stopping Abuse Against Older Ohioans, reprinted with permission of The Benjamin Rose Institute, Cleveland, Ohio) The Suspected Abuse Tool is designed to help you recognize common signs and symptoms of abuse. It does not contain all possible signs and is not intended to replace your own judgment. A single check indicates suspected abuse and requires an appropriate referral for further investigation. Please check any signs reported to you or that you directly observe for this client Signs of Physical Abuse (CHECK) Bruises, welts, cuts, or wounds, cigarette or rope burn marks or blood on person/clothes Internal injuries, including broken or fractured bones, sprains, or muscle injuries Painful body movements, such as limping, trouble sitting/standing (not illness related) Coded or vague or indirect references to sexual assault or unwanted sexual advances Confusion (possible indicator of overmedication or deprivation of sleep, food and water) Other signs of physical abuse (specify): Signs of Psychological Abuse Sense of resignation and hopelessness with vague references to mistreatment Behavior that is passive, helpless, withdrawn Anxious, trembling, clinging, fearful, afraid of someone/something Self blame for current situation and partner/caregiver behavior Other signs of psychological abuse (specify): Signs of Neglect by Others or Self Unclean physical appearance Inadequate food or meal preparation supplies in household Underweight, physically frail or weak, or dehydrated Under or overuse of, or confusion about, prescription or over the counter medications Inadequate utilities, including lack of heat, water, electricity, and toilet facilities Unsafe or unclean environment, including insect infestation or unmaintained animals Neglected household finances, including unpaid bills or rent Other signs of neglect (specify): Signs of Exploitation Overpayment for goods or services Unexplained changes in power of attorney, wills, or other legal documents Missing checks or money, or unexplained decreases in bank accounts Missing personal belongings Other signs of exploitation (specify): 7

17 SUSPECTED ABUSE TOOL FOR WORKING WITH PEOPLE WITH DISABILITIES (Adapted from IndependenceFirst, Milwaukee, Wisconsin) The Suspected Abuse Tool is designed to help you recognize common signs and symptoms of abuse. It does not contain all possible signs and is not intended to replace your own judgment. A single check indicates suspected abuse and may require an appropriate referral for further investigation, depending upon state laws (See Referral Procedures for Advocates). Please check any signs reported to you or that you directly observe for this client Injuries Bruises and/or welts: bilateral bruising, bruising in the shape of familiar objects like belt buckles or hand prints, multiple bruises Internal injuries: including broken or fractured bones, sprains, dislocations, muscle injuries, unexplained pain, difficulties with normal functioning of organs Burns: scalding burns, burns in the shape of cigarettes or cigars, burns in the shape of familiar objects such as irons Abrasions: marks from ropes or other restraints Open wounds: cuts, lacerations, puncture wounds Other signs of physical abuse (specify): (CHECK) Behavior/Appearance of Victim Submissiveness: cannot look anyone in the eyes, silence, closed body language, overly agreeable, makes excuses for abusive behavior Agedness: victim appears older than her years, appears haggard, stressed Feelings of hopelessness, victim has trouble smiling or laughing, may express anger at her situation or at her abuser Guardedness: victim seems careful about what she discloses, statements may be strained Other signs of possible abuse (specify): Neglectful Conditions Unclean physical appearance, unclothed, or poorly clothed for weather Inadequate food or meal preparation supplies in household Underweight, physically frail or weak, dehydrated, bedsores Lacks needed medical or adaptive equipment (i.e. diabetic equipment, wheelchair, etc.) Inadequate utilities, including lack of heat, water, electricity, and toilet facilities Unsafe environment: fire hazards, restraining devices evident, insect infestation or unmaintained animals Neglected household finances, including unpaid bills or rent Other signs of neglect (specify): Signs of Exploitation Overpayment for goods or services Unexplained changes in power of attorney, wills, or other legal documents Missing checks or money, or unexplained decreases in bank accounts Missing personal belongings Other signs of exploitation (specify): 8

18 B. Referral Procedures for Domestic Violence Advocates Domestic violence advocates are, in certain instances, required by law to report actual cases of abuse, neglect and exploitation, as well as suspected cases of abuse, neglect and exploitation. Advocates will, as required by law, report such cases when victims are: 60 years old or older; Mentally retarded or developmentally disabled. 1. Victims Age 60 and Older In accordance with O.R.C. Sections , domestic violence advocates for the YWCA of Dayton and Artemis Center for Alternatives to Domestic Violence will report all actual or suspected physical abuse, financial exploitation or neglect of people ages 60 and older, including cases where a victim appears to be making progress toward solving his or her problems. Reports shall be made to: Adult Protective Services Division of Montgomery County Department of Jobs and Family Services Monday through Friday 8:00 a.m. to 5 p.m. Call Evenings, weekends and holidays Leave a voic message. In an emergency after hours, weekends or holidays, call the appropriate law enforcement jurisdiction. When reporting a case of abuse, exploitation or neglect to Adult Protective Services, advocates will provide the following information, if possible: Victim s name, address, phone number, Social Security number, date of birth Brief description of the situation Victim s physical and mental condition Any information that might effect the safety of an Adult Protective Services worker who may investigate the report For Information about Elder Abuse or Working with the Elderly Domestic violence advocates with specific questions about elder abuse, working with the elderly or how best to provide appropriate services for domestic violence victims ages 60 and over are encouraged to consult with: Adult Protective Services Senior Resource Connection , Ext. 19 9

19 2. Victims with Mental Retardation/Developmental Disabilities In cases where the victim has mental retardation or developmental disabilities (MRDD), victim advocates will report actual or suspected abuse, financial exploitation or neglect to: Montgomery County Board of Mental Retardation and Developmental Disabilities Monday through Friday, 8:30 a.m. to 5 p.m. Call Evenings, weekends or holidays Call HelpLink: When reporting a case of abuse, exploitation or neglect to the Montgomery County Board of Mental Retardation and Developmental Disabilities, advocates will provide the following information, if possible: Victim s name and date of birth Brief description of the incident and where it occurred Whether or not police have been notified C. Notify Prosecutor of Victim s Special Needs If the advocate becomes aware that a victim has special needs that may not be known to the prosecutor, the advocate will ask the victim whether he or she requires special accommodations in the courtroom and whether the advocate can so notify the prosecutor. If the victim agrees, the advocate should notify the prosecutor about the need for special accommodations as soon as possible. Mobility issues may exist, and systems partners should be prepared to address them collaboratively. 10

20 SECTION IV THE CRIMINAL JUDICIAL RESPONSE TABLE OF CONTENTS A. General Statement of Purpose...11 B. Judicial Administration and Case Management...11 C. Case Management Where the Older Person s Capacity is at Issue...11 D. Admissibility of Testimony and Corroborating Evidence...11

21 SECTION IV THE CRIMINAL JUDICIAL RESPONSE A. General Statement of Purpose The information contained herein is to be used in conjunction with Section IV, the Criminal Judicial Response, of the City of Dayton Domestic Violence Protocol. All of the requirements of Sections I through V of the City of Dayton DV Protocol are applicable when the allegations involve older adults, people with disabilities, and vulnerable adults whereby a family member is the abuser. (Hereinafter the term elder abuse shall be used as a general referral to incorporate all of the categories listed above.) Elder abuse is also committed by non family caregivers. In such cases Sections I, II and V of the City of Dayton DV Protocol are applicable and should be used. B. Judicial Administration and Case Management In cases in which the victims are of advanced age or suffer from a serious mental or physical condition, the Court should avoid granting continuances of scheduled trial dates when it is shown that any delay creates an undue burden on the victim. Strict compliance with court rules concerning continuances is preferred. The court will comply with the provisions of the Americans with Disabilities Act (ADA) 42 U.S.C. Section 12181, if applicable to the victim. C. Case Management Where the Older Person s Capacity is at Issue Courts should recognize that the capacity of older persons may fluctuate with time of day, medications, etc. and should be flexible in scheduling hearings to accommodate those individual variations. For example, many older persons with dementia or other forms of cognitive impairment are more confused and less capable at the end of the day. D. Admissibility of Testimony and Corroborating Evidence Courts should allow prosecutors latitude in questioning older abused persons and in offering additional witnesses and corroborating evidence. 11