MICHIGAN’S ADULT
ABUSE LAW: IS IT
WORKING?
MARY C. SENGSTOCK, PH.D., C.C.S.
PROFESSOR OF SOCIOLOGY
WAYNE STATE UNIVERSITY
Presentation to Humanities Center
Oct. 29, 2013
1
WHAT IS MICHIGAN’S LAW?
 Mandatory
Reporting …
 Of Suspected Cases of Adult Abuse …
 To Adult Protective Services Workers...
 State Dept. of Human Services…
 Required of All Professionals…
 In Health & Social Services Fields
2
OBJECTIVE OF LAW

Identify Elderly & Other Vulnerable Adults …

Who May Be Victims of Abuse or Neglect:

Physical Abuse (Assaults)

Physical Neglect

Financial Abuse

Exploitation
3
STUDY OF MICHIGAN’S MANDATORY
REPORTING LAW: FUNDED BY BLUE CROSS &
BLUE SHIELD OF MICHIGAN FOUNDATION
(2006-2008)

Evaluate Its Effectiveness

Uncover Any Difficulties With the Law

Recommend Possible Improvements … Suggest Changes
4
2 SOURCES OF DATA

Report of Governor’s Task Force

A Committee of Experts …
Report Submitted August 23, 2006
Focus Group Interviews …
With APS Workers





Who Administer Policy & Receive Reports
And Mandated Reporters
 Health,
Social Service, Community Center, Police, Fire
5
WHAT THE STUDY FOUND:
GOVERNORS’ TASK FORCE REPORT



Major Conclusions:

Need “Focal Point” (Single Agent, Approach)

Major Types Seen: Physical Abuse, Severe Physical Neglect

Major Types Ignored: Moderate Neglect, Self-Neglect,
Financial Maltreatment
Need For More Attention to These Types
How Many Have Seen Report?

Available on Mich. Gov’t Web Site

Very Little Attention Paid to It
6
WHY ARE THESE AREAS NEGLECTED?

Who Are the Major Reporters?




Medical Personnel; Medical Social Workers
What Is Their Likelihood of Observing These Types of
Abuse?
 [Neglect] … Self-Neglect … Financial Maltreatment
What Is Their Likelihood of Even Observing the Symptoms
of These Types of Abuse?
What Is Their Likelihood of Having Any Means of Assisting
Victims of These Types of Abuse?
7
WHAT IS NEEDED TO RECOGNIZE THESE
TYPES OF ABUSE/NEGLECT?

Neglect & Self-Neglect:



Financial Maltreatment:



Access to Workers in Home Health Care Services
Community Center Workers; Police & Fire Dept. Workers
Access to Financial Agencies (Banks, Credit Unions)
Workers in Community Centers, Police, Fire
Workers in These Agencies:




See Relatively Few Cases of Elder Abuse
Not Knowledgeable About Mandatory Reporting
Confused About Specific Reporting Requirements
Very Distrustful of APS Agency & Workers
8
DATA FROM FOCUS GROUP INTERVIEWS:
PERSPECTIVES ON APS

General View (Health, Social Service Agencies):

APS Workers Try Hard But It’s Not Very Effective

APS Is Overworked & Understaffed

Reporting Rules Are Confusing



County in Which Abuse Occurred

Type of Facility (Home vs. Licensed Care Facility)
They Could Get Things Done for Free But They Won’t (e.g., Take
Guardianship Cases to Court)
Community Workers (Senior Center, Police, Fire):

“It’s a Waste of Time – Like CPS – Big Waste of Gov’t Money”

Can’t Depend On Them to Do Anything

“I Just Called Our Agency Lawyer & Got It Done.”
9
OVERWORKED? APS STAFFING LOSSES

1998 – 649
2003 – 368

1999 – 531
2004 – 353

2000 – 541
2005 – 353

2001 – 538
2006 – 328

2002 – 540
2007 – 328
 2011:
1st Adult Services Staffing Increase in 12
Years (384)  None to APS!
 30%
Increase in Caseload since 2000
 100
APS Workers Handle 16,000 Referrals/Yr
 New
Population: Little Old Ladies  Drug Addicts
 Political:
Give Them New Computers!
10
CONSEQUENCES OF INADEQUATE
STAFFING
Fewer APS Workers to Handle Cases
 Longer Time for APS Responses to Reports & Inquiries


Many Workers Forced to Handle Larger Case Loads



Fill in For Released Workers or Those On Leave
Necessarily Fewer Cases Will Be Substantiated!
Fewer Training Programs Can Be Conducted

APS: We Need Training re Determining Mental Incompetence

Mandated Reporters: Need Training re APS Rules, Authority

ALL NEED OPPORTUNITIES TO NETWORK!
11
LACK OF SUPPORT FROM OTHER
GOVERNMENT AGENCIES: COURTS

EX: Guardianship Requests

APS Has NO Easy Tie To the Courts (APS Pays Court Fees &
Has the Same Waiting Time As Other Agencies)

Meeting With Chief Judge of County Court Re Waiting Time

Agreed APS Guardianship Cases Would Receive Priority

Agreement Never Transmitted to Workers Handling Court
Docket  Delays Continued
12
LACK OF SUPPORT FROM OTHER GOVERNMENT
AGENCIES: GUARDIANSHIP

Complaint of Medical Workers: “APS Won’t Go to Court to
Assign Guardians – Even Though They Do It Free.” (False)

APS Pays Normal Court Fees & Same Assignment Priority

General Recognition: Guardians Are NOT Responsible:

Guardianship Agencies; Attorneys As Assigned Guardians –
Often Judges Prefer – Because They Know Court Routine

Senior Center: Guardians Misusing Funds  Court Case

All Wards Placed in Same Nursing Home, Miles from Family

One Trip Allows Guardian to Sign for All, Never See Patient

Message on Atty Cell Phone: “This Is Atty Jones: Re My
Clients: You Have My Permission for Any Medical Tests”
13
LACK OF SUPPORT FROM GOVERNMENT
AGENCIES: ADMINISTRATION




Widely Recognized Need: Registry of Repeat Offenders –
Similar to Registry for Offenders With Children
Comment from APS Worker: “We’ll Never Get A Registry –
It’s Too Expensive to Maintain”
State Human Services Official: “I Don’t Have Time for APS.
I Never Do.”
Control of Policy in Legislature, Administration – APS
Workers Have No Control
14
IMPROVEMENTS GONE WRONG:
EXPECTED HELP FROM A LEGAL AGENCY
Extended Effort to Obtain Legal Help With APS Cases
 Finally Reached Agreement with a Legal Aid Agency





Initial Meeting With Attorney Assigned to Work With APS
His Announcement: “I Could Get Really Excited About This
Project If It Involved Children. Children Are My 1st Priority.
Adults Are Way Down There.”
Effort Went Nowhere
APS Complaint: Courts, Attorneys Have NO Respect for
APS Professional Skills
15
GENERAL LACK OF INTEREST IN ADULT ISSUES

Adult Victims Not a Priority for Anyone

Attorney: “I’d Be Interested If It Involved Children.”

Agency Official: “I Have No Time for APS.”

Rules Allow Emergency Change of Residence for Children – Not
for Abused Adults

CPS Has a Standard Form for Reporting – Not Available for APS

Registry Exists for Abusers of Children – No Concern for a
Registry for Abusers of Adults

General Agreement Among ALL Agencies – APS, Health, Social
Services, Senior Centers:

“If [APS Cases] Were Children, a Lot of People Would Pay
Attention. Where It’s Adults, People Shrug & Say They Should
Take Care of Themselves.”
16
SPECIAL PROBLEM: IDENTIFYING,
MANAGING FINANCIAL MALTREATMENT

Who Is In a Position to Observe Financial Maltreatment?

Rarely Seen By Medical, Social Services Personnel

Often Seen By Senior Center & Police & Fire Personnel

Problem: Most Frequent Observers of Financial Abuse …

Are Those Who Have Very Little Faith in APS …

Are Not Likely to Report Abuse to APS

Need To Enlist A Wider Variety of Mandated Reporters

Community Center Workers – Police/Fire – Bankers – Lawyers
17
ANOTHER SPECIAL PROBLEM:
IDENTIFYING SELF NEGLECT

Medical & Personnel (Most Common Reporters) Not Likely
to Observe Self-Neglecters

Failure to Seek Assistance Is One Aspect of Self-Neglect

Need to Recruit Workers Likely to Observe Such People:
 Community
Workers
 Attornies
 Bankers
18
CONCLUSION:
MICHIGAN APS IS IN TROUBLE

APS is Understaffed & Overworked

Many Mandated Reporters Have No Faith in the System

Those Who Do Believe in the System Are Aware of its
Numerous Problems …

Know There Is Little Support for APS In Important Circles:

Human Services’ Own Executives

Courts & Legal Agencies

Michigan’s Financial Status Makes It Unlikely That Greater
Resources Will Be Available for APS Any Time Soon
19
WHAT NEEDS TO BE DONE? ...
WHAT CAN BE DONE?

APS Workers – & Mandated Reporters:

Need More Training (APS Guidelines; Mental
Competency, Guardianships), Networking
Opportunities

APS DESPERATELY NEEDS MORE SUPPORT …

From Higher Administration … Legislature …
Courts … Legal System

Vulnerable Adults Are Entitled to More Attention
By the Agencies Assigned to Assist Them!
20