Ohio Elder Abuse Task Force Final Report

Publisher: Office of Attorney General Jim Petro and the Ohio Department of Aging
Published Date: January 2005

Executive Summary

In December 2003, Ohio Attorney General Jim Petro and Department of Aging Director Joan W. Lawrence convened the Ohio Elder Abuse Task Force (hereafter Task Force) to study and make recommendations regarding Ohio's elder abuse, neglect and exploitation (hereafter elder abuse) programs and systems. Elder abuse experts from across Ohio, including practitioners, advocates, academicians, law enforcement and medical professionals met as a follow-up to the National Policy Summit on Elder Abuse, which recommended a state-by-state response. Ohio, thus, was one of the first states in the nation to initiate such a plan. This report builds upon the interim recommendations released in August 2004.

A society may be judged by how it treats both its youngest and eldest citizens. No one should have to choose between caring for at-risk children or vulnerable elderly. The report seeks to elevate elder abuse to an issue of primary concern for the state.

The Task Force focused on three priorities:

Raise awareness of, and increase education about, elder abuse.
Provide statewide coordination to elder abuse identification, prevention and treatment activities.
Recommend policy, funding and programming to address elder abuse more effectively.

The Task Force established three standing committees to carry out its mission. The committees were Visibility, Coordination and Policy. This final report, including the 21 recommendations contained within, is their work.

The Task Force faced certain challenges. Time constraints required that several outstanding issues be identified for future consideration. Therefore, the recommendations contained within this report do not reflect the totality of issues and concerns that must be addressed if we are to adequately serve and protect Ohio's vulnerable adults. These issues are discussed in Chapter 4 - Issues for Future Consideration.

The recommendations in this report form a comprehensive charge for the state of Ohio. Leaders must take decisive steps to prevent abuse, neglect and exploitation and to implement effective interventions. To emphasize and further clarify these issues, each recommendation includes Ohio's experience and an implementation strategy. See Chapter 5 - Recommendations and Implementation Strategies.

The Visibility committee developed a public awareness campaign to heighten awareness of, and education on, elder abuse. The campaign includes public service announcements, posters, informational literature, a web site and a toll-free hotline.

The Coordination committee drafted legislation that would mandate a memorandum of understanding (MOU) in each county. The MOU would create an interdisciplinary team (I-Team) to improve the response of the community to victims of elder abuse. This memorandum, signed by agencies from a variety of disciplines, will define the responsibilities and relationships among the participants with respect to prevention, reporting, investigation, treatment and prosecution of elder abuse cases.

The Policy committee recommends the state:

Amend the guardianship law to permit probate courts to appoint a nonprofit agency to serve as a guardian.
Expand injunctive authority to the state long-term care ombudsman (SLTCO) to include violations of rights in licensed adult care facilities.
Amend the adult care facility licensing statute to:

Allow for intermediate remedial action and address repeat violations.
Create an enforcement mechanism for entities that place adults in facilities that are unable to meet their needs.

Convene a task force to research the desirability and feasibility of developing and maintaining a perpetrators registry for abusers and exploiters of the elderly.
Amend the Adult Protective Services (APS) law to specify the state agency's responsibilities, including monitoring, data collection and analysis, funding and training.
Amend the APS law to eliminate a gap in services when an alleged victim of abuse moves into a longterm care facility and an investigation has not yet been completed.
Expand the APS law to include additional mandatory reporters.
Eliminate the language in the APS law that makes the provision of services contingent upon the availability of funds.
Amend the APS law to add abandonment to the definition of neglect of an impaired older person by their caregiver.
Amend the APS exploitation definition to include the exploitation of an elderly person by any other person, not just by caretakers.
Amend the APS law to mandate formal comprehensive and coordinated training for all APS workers.
Amend the APS law to allow law enforcement, county Departments of Job and Family Services or their designees to seek ex parté emergency orders by telephone.
Increase availability of intervention services statewide as specified in the APS law.
Develop practice guidelines and tools for assessing and making recommendations regarding incapacity and incompetency status per Ohio's APS and guardianship laws, respectively.
Establish funding for at least one full-time APS worker for each of Ohio's 88 counties.
Amend the criminal statutes to enhance the penalties for selected offenses in which perpetrators victimize elderly persons.

Define "elderly" in the criminal codes to mean any person 60 years of age or older.

Add telemarketing fraud and prohibited telephone solicitations to the designated offenses for which a wiretap or electronic surveillance may be obtained.

To ensure the implementation of the work of the Task Force, the Task Force strongly recommends that the Governor create a steering committee to monitor, advocate and build coalitions around the implementation of the recommendations contained within this report. We further recommend that the Governor take the necessary steps to ensure that the committee receives appropriate and adequate staffing for not less than two years.

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