Recognizing and Reporting Abuse Spring 2014 By: Diane Drew, CHELP Member of IACCPHP Funds for this program were made available through an Illinois Department on Aging Educational Grant Adult Protective Service Abuse is the willful infliction of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical harm, pain or mental anguish; Or the deprivation by a person, including a caregiver, of goods or services that are necessary to avoid physical harm, mental anguish, or mental illness. Exploitation is the use of an individuals resources by another person, to the disadvantage of that individual or for the advantage of another person, other than that of the individual. ELDER ABUSE LAW The Illinois Elder Abuse and Neglect Act became law in 1988 and called for the state to address the problem of domestic elder abuse. As a result, the Elder Abuse and Neglect Program was implemented under the direction of the Illinois Department on Aging (IDOA). This statewide program was established to respond to reports of alleged elder abuse, neglect and exploitation and to work with the older victims in resolving abusive situations. On July 1, 2013 Elder Abuse became Adult Protective Services. Who should report Abuse ? Everyone is encouraged to report abuse! Certain professionals are MANDATED BY LAW to report suspected cases if the individual is unable to report for themselves: Social Service staff Educators Licensed Professionals Law Enforcement Formal Caregivers State, County, local government Types of Abuse Financial Exploitation ◦ Misusing an older or disabled persons’ money or resources for the personal gain of another ◦ Exerting undue influence-this includes the use of emotional tactics such as inducing guilt, shame, or anxiety to convince an older adult or disabled person to make changes to a will for the personal gain of the abuser. ◦ Stealing money or property Indicators of Financial Exploitation A gap between income and lifestyle Individual has no knowledge of their finances Unusual activity in bank accounts Unpaid bills despite adequate resources Caregiver or family is evasive about the financial arrangements. Types of Abuse Emotional Abuse - actions intended to compel an eligible adult to engage in conduct a person wants to abstain or prevention of conduct wished to engage. ◦ ◦ ◦ ◦ ◦ ◦ Threats Destruction of Property Humiliation Verbal Assaults Harassment Intimidation Types of Abuse Physical Abuse is causing the infliction of physical pain or injury to an eligible adult. ◦ ◦ ◦ ◦ ◦ ◦ ◦ Assault Battery Hitting Slapping Pulling Hair Burning Over Medicating Indicators of Physical Abuse Bruises and other physical injuries Bilateral injuries Injuries at various healing stages Over or under medicated Dehydration Malnutrition Types of Abuse Confinement – restraining or isolating an individual for reasons other than medically necessary. ◦ Denies access to phone/mail ◦ Controls activities of individual ◦ Limits time the individual spends with loved ones Types of Abuse Passive Neglect ◦ Failure of the caregiver to provide for the basic needs of the older adult, including food, medicine, shelter, clothing, etc………. Willful Neglect ◦ Intentional failure of the caregiver to provide for the basic needs of the older adult, including food, medicine, shelter, clothing, etc…………….. Indicators of Neglect Leaving a dependent adult alone Unsanitary or hazardous conditions Inadequate food Malnutrition Inappropriate clothing for the weather Utilities turned off Types of Abuse Sexual Abuse ◦ Any non-consensual sexual conduct ◦ Any sexual activity with a person who is unable to understand or give consent ◦ Any sexual act committed under threat of harm ◦ Any forced sexual act Indicators of Sexual Abuse Behavior Signs Expression of fear around males Withdrawn or sexualized behavior Refusing to cooperate with normal routine Physical Signs Genitals or anal area bruised Vaginal or anal bleeding Swelling or redness of genital area Venereal Disease What Constitutes Abuse ? Victim 18 – 59 years of age with a disability or A senior 60 + Victim resides in a domestic setting Alleged Abuse has occurred within the past 12 months Alleged abuse must be caused by someone other than the victim Reporter must name an abuser The Intake Process The report taker shall attempt to secure all the information on the ANE Intake Form. ◦ Alleged victims name, address, age, phone number. ◦ If the APS case worker can contact the reporter for further information. ◦ The reason the reporter has a concern. ◦ Any knowledge the reporter has regarding any risk of harm to the alleged victim. The Intake Process, Cont. ‒Knowledge the reporter may have about any danger the case worker might have. ‒Knowledge the reporter may have about the mental and physical condition of the alleged victim and alleged abuser. ‒The identity and location of possible witnesses ‒Directions to any rural route, apartment number or other address. ‒ If the reporter is a mandated report. Defining Urgency Priority I = Serious Physical Harm or Immediate Danger ◦ Caseworker must respond within 24 hours Priority II = Less Serious Consequences than Priority I ◦ Caseworker must respond within 72 hours Priority III = Emotional Abuse, Financial Exploitation with no Immediate threat ◦ Caseworker has 7 days to respond. Behavior Characteristic of the Victim Fearful Withdrawn Hesitant to talk Depressed Helpless Confused and/or disoriented Angry Explanations of injuries do not make sense Denial Non-Responsive Agitated/ anxious Behavior Characteristics of the Abuser Doesn’t allow the victim to speak for themselves Lack of assistance Attitudes of indifference or anger toward victim Aggressive Behavior Substance Abuse Mental Illness Gives conflicting accounts of incidents Non-Compliance with plan of care Blames victim Conclusion Protect individuals from abuse, neglect, and exploitation Report any suspicions of abuse, you can remain anonymous Help people stay in their homes Report any concerns to 1-866-800-1409 Visit IDOA website for more information www.state.il.us/aging Adult Protective Services In July of 2013 the Adult Protective Services Act was established. It expanded the Illinois Elder Abuse and Neglect Act to include disabled individuals ages 18 – 59, as well as, individuals 60 years of age and older.