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 entitles victim to VA services & documents the incident for future allegations/cases)
- Consider EPO and/or GVRO
EMOTIONAL ABUSE INVESTIGATIONS:
- PC 368(c) includes mental distress
- Includes infliction of 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 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 Dr., medication info, etc.
- 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
- Identify caretakers, determine duties & responsibilities, get copies of all contracts, financial agreements, etc.
- Obtain victim and suspects’ bank account information: full account #, 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 APS & 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
- 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
- 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:
PC 368 CRIMES & SAs | PENAL CODE § |
---|---|
Elder/Dependent Adult Abuse Felony: likely to cause GBI/Death Include physical abuse/neglect | § 368(b)(1) |
Elder Abuse Causing GBI | § 368(b)(2) |
Elder Abuse Causing Death | § 368(b)(3) |
Elder/Dependent Adult Abuse Misd: physical abuse/neglect/mental distress | § 368(c) |
Financial Abuse Wobbler Includes theft, embezzlement, ID theft, forgery | § 368(d) |
Adult Financial Abuse by Caretaker Wobbler Includes theft, embezzlement, ID theft, forgery | § 368(e) |
False Imprisonment | § 368(f) |
ASSAULTIVE CRIMES | PENAL CODE § |
---|---|
Battery on an elder/dependent | § 243.25 |
Battery with serious bodily injury | § 243(d) |
Assault with a deadly weapon | § 245(a)(1) |
Assault Likely to cause GBI | § 245(a)(4) |
Terrorist Threats | § 422 |
Witness Intimidation | § 136.1 137 138 139 140 |
Violation of non DV court order | § 166(a)(4) |
Violation of CPO/court order in DV/Elder case | § 166(c)(1) |
Violation of RO: Includes DVRO, Elder/Dependent Adult RO, Civil Harassment RO | § 273.6 |
FINANCIAL/THEFT CRIMES | PENAL CODE § |
---|---|
Filing of forged instrument for recording | § 115 |
Conspiracy | § 182(a)(1) |
Forgery | § 470 |
Theft/Unauthorized credit card use | § 484-487 |
Receiving stolen property | § 496 |
Embezzlement | § 503 |
False pretenses | § 532 |
Identity Theft | § 530.5 |
SEX CRIMES | PENAL CODE § |
---|---|
Rape | § 261(a)(2) |
Rape of Person Incapable of Giving Consent | § 261(a)(1) |
Penetration by Foreign Object | § 289(a) |
Assault with Intent to Commit a Forcible Sex Crime | § 220 |
Sexual Battery | § 243.4 |
Sodomy | § 286 |
Oral Copulation | § 288a |
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: