Vulnerable Adult Justice Project
November 18, 2011 – 2:00 – 4:00 p.m.
William Mitchell College of Law – Room 123
875 Summit Avenue, St. Paul
Meeting Minutes
Attending: Iris Freeman and Kia Thrasher (WMCL), Mary Prudhomme (St. Louis County Adult
Protection), Carmen Castaneda and Cynthia Carlson (Hennepin County Adult Protection), Jim
Emery (Alzheimer’s Asociation), JJ Hasbargen (Anoka County Attorney’s Office), Deb
Siebenaler (DHS-APS), Stella French and Kris Lohrke (MDH-OHFC), Maura McNellisKubat
(DHS Licensing), Diane Feltham (Little Brothers of Minnesota), Jane Ochrymowycz (CEJP
Advisor), Deb Tulloch (Washington County Adult Protection), Ellen Longfellow (attorney),
Doug Beardley (Care Providers), Nate Swanson(VKR), Suzanne Elwell (MN Dept of Public
Safety), Anita Raymond (VOA-MN), Tara Patet (St. Paul City Attorney’s Office), Maggi Samec
(Ramsey County Attorney’s Office), Amy Sweasy, David Brown & Mary Lynch (Hennepin
County Attorney’s Office) , Darrell Shreve and Kari Thurlow (Aging Services), Amy McDonough
(AARP), Laura Orr & Kristin Yahnke (University of St. Thomas), Janna Severance (Presbyterian
Homes), Deb Peterson (Attorney General’s Office), Laura Garbe (Erickson Law Firm), Sean
Burke (Legal Aid of Mpls.), Kimberly Ziegler (Ramsey County Adult Protection), Mary Bildtsen
(US Dept. of Justice), Dave Stanowski, Eric Jonsgaard (First Fiduciary), Roberta Opheim & Kay
Hendrickson (OMB MH DD), Deb Holtz, Sherilyn Moe, &Wendy Weidner (OMB LTC), Jill
Adkins (attorney), Jane Danner (VOA), John McCulloch (CPPCFE), Janet Reigstad (Stearns
County Adult Protection)
2:00
Welcome, Introductions & General Updates
-
MN’s “ Skip” Humphrey has recently been named director of the Office of Older Americans in the
federal Consumer Finance Protection Bureau. The office is set to open in January 2012. Naomi
Karp will move from AARP to the new CFPB office.
o Mr. Humphrey will be the guest speaker at the December 9 VAJP meeting.
-
New Holiday Season Scam - “Purchase a star, name it and get a registration number for it”
2:10
Working Group Reports and Discussions:

Reporting and Data – Doug Beardsley
o mandate for nursing homes and some other facilities under Elder Justice
Reporting Act under Patient Protection / Affordable Care Act
o Facility
 Required to post info about requirements
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o


 And post statement that retaliation against reporters is prohibited
 And complete annual training for employees
Reporters (individuals)
 Required to file two reports: to police and OHFC
 Every employee with a reasonable suspicion must report
o If multiple, they must sign on to one report
 Issue: At what level should crimes be reported?
o Is there a reasonable minimum level to report?
o Problem occurs at home-care level (should individuals be
required to conduct investigations?)
 Who enforces?
o No authority?
 How do employees report?
o Call OHFC
o Call local police
o No prescribed reporting form
o Issue: how can employee protect themselves?
This working group is also discussing ways to make the Common Entry Point
more accessible than its current county specific numbers
 Language re: ideal system already in law (since 2009)
 State doesn’t have funds to implement
 Automatic re-direction phone number (1-800 numbers are directed to the
pertinent county
Justice System: Criminal Code – Tara Patet
o
Felony Neglect – Working group briefly discussed three proposals: One from the
Hennepin County Attorney’s Office (which maintains language of current law and
adds felony penalties for degrees of bodily harm) as well as proposals from Health
Care Providers and from Sen. Latz. The group will meet again in early December
and hopes to have a substantive report at the December 9 meeting.
o
Amendments to criminal financial exploitation being discussed

Aggregation provision should be extended to Financial Exploitation
Statute given that funds are rarely taken all at once

Jurisdiction


Update to make it similar to child protection
JIG (Jury Instruction)

Improve language of JIG

Currently, they are inaccurate, and fail to represent the language
of the 2009 statute. Include fiduciary relationship
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
Justice System: Power of Attorney – Laura Garbe
o
Prevention of Abuse for POA

Create a Registry for POA?

3:00

Attorney in fact should be required to sign document to take POA
designation more seriously

Uniform Power of Attorney Act

MN has not yet signed onto this

Unlikely to pass as of now

Potential for Minnesota to adopt acceptable portions
Report on Hennepin County FAST Project – Iris Freeman, Amy Sweasy, Carmen Castaneda
o
3:15
For a later time
See powerpoint
Working Group Reports and Discussions:

Definitions – Maura McNellis-Kubat
o
(1) How should notification be done when VA cannot speak for themselves in
appeals process?
o
(2) Emotional Distress

How can it be further defined?
o
(3) Findings and Dispositions – rename them (see 2011 proposal from DHS)
o
(4) Comparison of VA definitions in MN and Elder Justice Act

Deb Siebenaler has comparison document

Age-based requirements in defining a facility

Note: Elder Justice Act is currently not funded.
o
(5) Should there be an opt-out provision for VA’s?
o
(6) When family member withholds higher level of treatment, is that
maltreatment, and what are provider’s options if they cannot meet the needs of
the individual?
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
Public Awareness/Media – Sean Burke
o
Next meeting: Wednesday, November 30, 2011
o
(1) World Elder Abuse Awareness Day

June 15, 2012

Larger venue? Invite the community?

Probably remaining at William Mitchell

Ideas for Topics

o
(2) Tangible Identity for VAJP

How do we market ourselves to the public?

(a) Wiki Website


Contact committee with ideas

http://mnvac.pbworks.com/

Provide resource for the community

Provide ongoing updates for site

Update site with day-to-day activities
o
Email Sean Burke at sburke@midminlegal.org
o
Subject Line: VAJPUPDATES
(b) Designate spokespeople for VAJP

Individuals who can respond to media

Create a voice within the community on behalf of VAJP

Talk to Iris or committee if you are interested in being involved
with media/public outreach
Service Needs – Deb Tulloch
o
o
(1) Shelter to accommodate elderly victims

May open as soon as March

Two floors- one for men and one for women

Designed for elderly victims of abuse or neglect
(2) In-Home safety assessments of elderly and/or disabled
4
o

Capacity assessments

Goal: get county to come into the home to be assessed cognitively
(3) Resources for unpaid caregivers



3:50
Identify options

Day care

Family Support
Publicize options so caregivers are aware of options
VAJP Sustainability – Iris
o
How could VAJP be sustained, if CEJP could not provide leadership and meeting
space?
o
Budget and permanent location paramount issues
Wrap Up
Next Meetings in Room 123 at Wm Mitchell – December 9, January 13, February 10
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