Reporting Elder Abuse in NL
A look at…
1.Provincial legislation
2.Who can you call?
Legislation related to elder abuse
1. Criminal Code (Federal)
2. The Mental Health Act
(Provincial)
3. Neglected Adults Act
(Provincial)
Plus new act coming soon…
The Provincial Legislation
• Both (Mental Health Act/Neglected
Adults Act) are not specifically “elder
abuse” legislation.
• Both deal with people who are not
mentally competent.
What does this mean?
If an abused senior is mentally competent
(and their abuse does not fall under the
Criminal Code), you can refer him/her for
supports (if he/she wishes) but the abuse
is not a criminal matter (abuser will not
be charged).
Mental Health Act
Occasionally used to remove a senior
from an abusive environment if a police
officer observes a person “acting in a
disorderly or dangerous manner” and…
the person appears to have a mental
disorder “to a degree that the person
requires hospitalization in the interests of
his or her own safety, safety to others, or
safety to property.”
Neglected Adults Act
• Enacted in 1973
• Based on Child Protection Legislation
• Deals with “neglect” (or self-neglect)
• Requires mandatory reporting
• Considered an “extreme measure” – may
result in senior becoming a “ward of the
state”
Neglected Adults Act: Criteria
For the Neglected Adults Act to be
invoked, four criteria must be met – that is,
the individual…
1. …is incapable of caring properly for
himself or herself because of physical or
mental infirmity.
2. …is not suitable to be in a treatment
facility under the Mental Health Act
Neglected Adults Act: Criteria con’t
3. …is not receiving proper care and
attention, and
4. …refuses, delays or is unable to make
provision for proper care and attention
for himself or herself.
Reminder:
It is mandatory to report a suspected
case of neglect if an adult appears to
meet these criteria. Neglect should be
reported to your Regional Health
Authority. (up to $200 fine)
New Legislation: Adult Protection Act
• Assented to May 2011
• Not yet proclaimed
• Covers “abuse”
• Currently Department of Health working
on developing policies and regulations for
the act
• Available online at:
http://assembly.nl.ca/Legislation/sr/
statutes/a04-01.htm
Principles
 Least restrictive and intrusive
 Presumed Capacity
 Right to be heard and participate in
decision-making
 Regular review (6 months/one year)
Press release (April 5, 2011)
“The purpose of the act is to protect adults who are
incapable of caring properly for themselves; refuse,
or are unable, to make decisions for care on their
own behalf; and, who are not currently receiving
proper care and attention.”
http://releases.gov.nl.ca/releases/2011/health/0405n07.htm
Changes in legislation
• “The inclusion of a definition of abuse that allows
the Regional Health Authorities to investigate
suspected cases of abuse involving vulnerable
adults, including physical, psychological,
emotional and financial abuse.”
Summarized from press release (April 5, 2011)
http://releases.gov.nl.ca/releases/2011/health/0405n07.htm
Changes in legislation (con’t)
• “Emphasis is placed on an individual making his
or her own decisions where possible.”
• More timely response (evaluations must be made
in 5 days or less)
• “Provisions to permit Regional Health Authorities
to intervene more quickly in emergency situations
to reduce the risk of leaving an individual in a
dangerous circumstance”
Summarized from press release (April 5, 2011)
http://releases.gov.nl.ca/releases/2011/health/0405n07.htm
Changes in legislation (con’t)
• An increase in the penalties associated with
violating the act: Those found guilty can face a
fine of up to $10,000 and imprisonment not
exceeding one year.
• “The act requires anyone who believes an adult
may be in need of protective intervention to report
that information to a social worker or police
officer.”
Summarized from press release (April 5, 2011)
http://releases.gov.nl.ca/releases/2011/health/0405n07.htm
New Act: Definitions
Adult in Need of Protection
An adult who lacks capacity and who is
(1) incapable of caring for herself and
himself, or who refuses or delays or is unable
to make provision for adequate care and
attention for herself or himself; or
(2) is abused or neglected.
New Act: Definitions (con’t)
Neglect
The failure to provide care, assistance,
guidance or attention to an adult who lacks
capacity that causes, or is reasonably
likely, within a short period of time, to cause
to the adult serious physical, psychological
or emotional harm or substantial damage
to, or substantial loss of assets.
New Act: Definitions (con’t)
Self Neglect
The failure of an adult who lacks capacity to
take adequate care of himself or herself where
that failure causes, or is reasonably likely,
within a short period of time, to cause serious
physical or psychological harm or substantial
damage to or substantial loss of assets.
New Act: Definitions (con’t)
Self Neglect
Self-neglect includes
(1) living in grossly unsanitary conditions;
(2) suffering from an untreated illness,
disease or injury that, within a short
period of time is likely to cause
physical or psychological harm;
New Act: Definitions (con’t)
Self Neglect
(3) suffering from malnutrition to the extent that,
without intervention, the adult's physical or
mental health is likely to be severely impaired;
and
(4) creating a hazardous situation that will likely
cause serious physical harm to the adult or
others or cause substantial damage to or
substantial loss of the adult’s assets.
New Act: Definitions (con’t)
Abuse
The deliberate mistreatment of an adult who
lacks the capacity to protect himself or
herself that causes or is reasonably likely,
within a short period of time, to cause the
adult (1) serious physical, psychological or
emotional harm, or (2) substantial damage
to or substantial loss of assets. Abuse
includes intimidation, humiliation and sexual
assault.
Who can you call?
Where to go for help:
Who Can You Call If You Are In Immediate Danger?
• Dial 911 where the service is available or dial “0” for the
operator and you will be connected to emergency
response.
• For your nearest RCMP detachment:
1- 800- 709- 7267, TTY 1-800-563 2172
• Or for the RNC:
St. John’s: 709- 729-8000, TTY 1-800-363-4334
Corner Brook 709-637-4100, TTY 1-800-363-4334
Labrador City 709-944-7602
Churchill Falls 709-925 3524
Where to go for help:
Who can you talk to about getting the help you need?
• Seniors Resource Centre of Newfoundland and
Labrador’s Seniors Information Line: 1- 800-563-5599.
This line is answered by seniors with training to help you
find the supports you need.
• Caregiver Line 1-888-571-2273. Information and
support for unpaid caregivers.
Who can you call when in a crisis or feeling distressed
(open 24 hours/day)?
• Sexual Assault Crisis Line: 1-800-726-2743
• Mental Health Crisis Line: 1- 888-737-4668
Where to go for help:
To contact your Regional Health Authority for
support with elder abuse concerns, please call:
• Eastern Health:
Rural Avalon - 709-786-5245
St. John’s - 709-752-4885
Bonavista/Clarenville/Burin Penin. - 709-466-5707
• Central Health: 709-651-6340
• Western Health: 709-634-5551, ext. 226
• Labrador-Grenfell Health: 709-454-0372
Eastern Health, St. John’s – Contacts
For calls concerning seniors over 65:
Bev Green, Intake Coordinator (nurse)
752-4835
• Can also help connect with other services,
(eg. home support)
• Would refer for cases of neglected adults
Eastern Health, St. John’s – Contacts
For calls concerning seniors under 65:
Stephanie Fleming, Intake Coordinator
(social worker)
752-4717
• Can also help connect with other services, (eg.
home support)
• Begins process for cases of neglected adults (then
over to another social worker for assessment)
Eastern Health, St. John’s – Notes
Notes:
• NOT 24/7 service (answering machine has
emergency numbers)
• If providing just one number to senior, use
main number (752-4885)
• Can’t force “help” on people
• If in doubt, call!
www.nlnpea.ca
eanetwork@seniorsresource.ca