Elder and Dependent Adult Abuse Investigations

Investigation of Elder and Dependent Adult Abuse

(Created by the VCDA’s Office)
Elder Abuse Protocol (Full Document)

GENERAL PATROL RESPONSE:

• Determine suspect’s relationship to victim
  • Elder – document physical & mental condition
  • Dependent adult – document details of disability

• Determine the victim’s age, mental condition & health condition
  (Eg: Frail, clean, unkempt, limited mobility, visibly distressed, appears to have physical and/or mental impairment.)
  • List medications, prescriptions, and doctors
  • Obtain names/contact info for all caretakers & family members with relevant info
• Document any apparent drug/alcohol use/intoxication or cognitive impairment of suspect, victim, or witnesses
• Document the scene with photos, video, & in report
  • Condition of victim and suspects’ clothing
  • Photos of injuries & areas with complaint of pain for both victim and suspect
  • Document absence of any visible injury or complaints if applicable
  • Document evidence of neglect
  • Document condition of the home/location of incident and any property damage that may be connected with the incident
• Separate all parties when taking statements
  • Remove suspect from victim’s line of sight
  • Video record all statements
  • Interview parties about prior acts of financial abuse/violence/neglect from victim and/or witnesses
  • Consider interviewing non-percipient witnesses (e.g. caretakers, family members, neighbors)
  • Get all involved parties’ complete contact info and articulate how they are involved/related to victim
• Collect evidence
  • Video surveillance, cellphone video, screenshot, texts & call logs, etc.
  • Medical records, Rxs, bank records, other financial documents, writing/signature samples
  • Consent forms to release financial & medical records
  • Consider writing a report even if incident is civil or no crime established. This may entitle victim to VA services & documents the incident for future allegations/cases.
• Consider Emergency Protective Order (EPO) and/or Gun Violence Restraining Order (GVRO)

EMOTIONAL ABUSE INVESTIGATIONS:

• PC 368(c) includes mental distress
  • Includes infliction of unjustifiable mental suffering or distress through verbal or non-verbal acts
• Document and video record any behavior demonstrating mental distress
  • Eg: fear, agitation, confusion, severe depression, excessively passive, hopeless affect, etc.
• Document any concerning behavior on the part of the suspect:
  • Eg: frequently intoxicated/under the influence; continued threats to place victim in a “nursing home”; threats to: isolate victim, remove phone/mobility device, deprive victim of food; isolating victim or limiting victim’s mobility
• Cross report to APS & VA

FINANCIAL ABUSE INVESTIGATIONS:

• Determine identity of reporting party, interview reporting party (RP)
• Collect documentary evidence:
  • Contracts, financial agreements, caretaking logs (for medication/work hours, etc.), medical records, financial records, Power of Attorney documents, unpaid bills, consent forms to release medical & financial records
    • Describe victim’s cognitive condition
  • If victim’s cognitive condition is at issue, collect documentation of cognitive issues, names/contact info/statements of people familiar with victim, info for victim’s doctor, medication info, etc.
• Identify caretakers, determine duties & responsibilities, get copies of all contracts, financial agreements, etc.
  • Obtain victim and suspects’ bank account information: full account number, account holders’ information including SSN
  • Determine the dates of $ loss, how it was discovered, and who discovered it
  • If possible, obtain details re: dates/times/locations of fraudulent transactions, check for video surveillance
  • If forgery alleged, collect signature & writing samples
  • Document suspect’s access to victim’s financial information
  • Contact financial institutions to freeze bank accounts
• Cross report to Adult Protective Services (APS) & Victim Advocate (VA)

NEGLECT INVESTIGATIONS:

• Identify caretakers, determine duties & responsibilities
• Ask victim general questions about basic needs such as:
  • Caretaker, mealtimes, frequency of doctor visits, medications, who pays bills?
• Examine victim’s hygiene and overall condition, document with BWC & photos
• Examine victim’s residence and living conditions, document with BWC & photos
• Collect documentary evidence:
  • Contracts, financial agreements, caretaking logs (for medication/work hours, etc.), medical records, financial records, Power of Attorney documents, unpaid bills, consent forms to release medical & financial records
    • Describe victim’s cognitive condition
  • If victim’s cognitive condition is at issue, collect documentation of cognitive issues, names/contact info/statements of people familiar with victim, info for victim’s doctor, medication info, etc.
  • Interview all witnesses familiar with the elder or dependent adult’s regular living conditions
• Cross report to APS & VA

PHYSICAL AND SEXUAL ABUSE INVESTIGATIONS:

• Determine identity & interview reporting party
• Canvas for percipient Ws, video surveillance, or any other corroborative evidence
• Document any apparent drug use/alcohol use/intoxication or cognitive impairment of suspect, victim, or witnesses
• Document condition of victim and suspects’ clothing
• Take photos of injuries & areas with complaint of pain for both victim and suspect
• Document absence of any visible injury or complaints if applicable
• Seize any weapons or items used to inflict injuries
• Collect medical records AND consent forms to release medical records
• Separate all parties when taking statements
  • Record statements
  • Interview parties about prior acts of financial abuse/violence/neglect from victim and/or witnesses
  • Consider taking updated photographs of injuries after several days
  • When appropriate, follow department procedure for activation and use of Safe Harbor
• Cross report to APS & VA

COMMON CRIMES:

PENAL CODE DEFINITIONS

• Elder – PC 368(g) = age 65 or older (Note: W.I.C. defines elder as 60 & older.)
• Dependent adult – PC 368(h) = between ages 18-64, has physical or mental limitations which restrict ability to carry out normal activities or protect one’s rights. Eg: physical/developmental disabilities, physical/mental abilities have diminished due to age, inpatient in a 24-hour health facility

REFERRAL NUMBERS

• Elder/Dependent Adult Abuse Reporting/Social Workers
  • Adult Protective Services (24-hour line) (805) 654-3200
  • District Attorney’s Office (805) 654-2500
  • Family Justice Center (M-F 8-5) (805) 652-7636
  • Emergency Mental Health Field Response Team (24-hour crisis team) (866) 998-2243
  • Safe Harbor (24-hour line) (805) 947-7997
  • DA’s Office Victim Services (M-F 8-5) (805) 654-3622
• Referral Information/Hotlines
  • Area Agency on Aging (Services For Elders M-F 8-5) (805) 477-7300
  • Independent Living Resource Center (Services For Dep. Adults M-F 9-4:30) (805) 650-5993
  • Interface referral for food/housing/shelter (24-hour line) 211
  • Coalition Women’s Shelter (24-hour line) (800) 300-2181 (Shelter Program, crisis intervention, R.O. assistance)
  • Camarillo Health Care District Senior Support (7 days a week 6 am – 11 pm) (800) 235-9980
  • Wellness Caregiver Center (800) 900-8582
• Miscellaneous
  • Consumer Mediation Unit District Attorney’s Office (Assists consumers on disputes with businesses including landlord and tenant disputes) (805) 654-3110
  • Victim Assistance Unit District Attorney’s Office (Assists DV & elder abuse victims obtain TROs) (805) 654-3622
  • Alzheimer’s Association (M-F 9-5) (805) 484-6028 (24-hour line) (800) 272-3900
  • NAMI (M-F 9-5) Referrals: (805) 641-2426 Office: (805) 500-6264

HELPFUL LINKS

• APS: Adult Protective Services – Human Services Agency (ventura.org)
  • APS Online Report of Suspected Dependent Adult / Elder Abuse Adult Protective Services (leapsportal.net)
• Department of Social Services- Community Care Licensing:  CCLD Complaint Hotline (ca.gov)
• EAGLE (Elder Abuse Guide for Law Enforcement):  Elder Justice Initiative (EJI) | EAGLE (Elder Abuse Guide for Law Enforcement) | United States Department of Justice
• FBI Internet Crime Complaint Center (IC3):  Internet Crime Complaint Center(IC3) | Home Page
• Federal Trade Commission Identity Theft Reporting:  IdentityTheft.gov
• Ombudsman of Ventura County:  Ventura County Ombudsman Program Home – Ventura County Ombudsman Program (ombudsmanventura.org)
• Ventura County Area Agency on Aging:  VCAAA
• Ventura County District Attorney’s Office:  Ventura County District Attorney – Fiat Justitia ~ Let Justice be Done (vcdistrictattorney.com)
• Ventura County Family Justice Center:  Ventura County Family Justice Center (vcfjc.org)
• Sample Forms:
  • Financial Release Form: Open Here
  • Medical Release Form: Open Here
  • Probate Code 2952 Declaration: Open Here