Law Enforcement Response to Abuse, Neglect or Exploitation of Older Adults and Persons with Disabilities 1
Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
Law Enforcement Response to
Abuse, Neglect or Exploitation of Older Adults and Persons
with Disabilities
1
2
Telecommunicator
Determine Priority
Officer Information
Referral Information
3
Patrol Officer's Arrival
Safety
Preliminary Investigation
4
Patrol Officer's Arrival
The Issue
Physical Abuse
Sexual Abuse
Emotional Abuse
Passive Neglect
5
Patrol Officer's Arrival
Self-Neglect
Fiduciary Exploitation Willful Deprivation
Confinement
6
Patrol Officer's Arrival
Confidentiality
Information Sharing
7
8
Mandated Reporting
320 ILCS 20/ - Adult Protective Services Act
9
Where to Report
Community or Domestic Setting
Illinois Department on Aging 1-866-800-1409
Local Adult Protective Service AgencyPage 28 of Protocol
10
Where to Report
Licensed Long Term Care Facilities
Illinois Department of Public Health1-800-252-4343
Other Licensed Care Facilities
Office of Inspector General1-800-368-1463
11
Senior Citizen At-Risk Checklist Cook County Sheriff’s Police Department NAME AGE DISTRICT ADDRESS
TELEPHONE NO. NAME OF EMERGENCY CONTACT PERSON CONTACT PERSON’S TELEPHONE NO.
DATE & TIME OF CONTACT LOCATION OF CONTACT
Please check all boxes that apply.
SENIOR’S CONDITION CONDITION OF RESIDENCE SPECIALIZED NEEDS
Unexplained bruises or welts No gas Wheelchair bound Open sores No heat Deaf Soiled bandages No electricity Hard of hearing Malnutrition No water Blind Dehydration No food Vision impaired Foul Smelling Hoarding Other Disabilities (Specify) Improper clothing worn Excessive household pets Soiled clothing Animal or insect infestations Confused Residence in state of disrepair Depressed Needs referral to aging program COMMENTS
REPORTING OFFICER STAR BEAT
CCSPD Form 09-011 12
Emergency Admission by Certification405 ILCS 5/3-606
Emergency Admission of the Intellectually Disabled405 ILCS 5/4-404
Emergency Admission
13
405 ILCS 5/6-103
Liability
14
INTERVIEWING - Victim
Rapport
Introduce yourself
Make the victim comfortable
What to expect
Be patient and reassuring
15
16
Assistance
Speak directly
Use first name
Get their attention
INTERVIEWING - Victim
17
Conversation
Own words
Keep it simple
Told who first?
Record responses
INTERVIEWING - Victim
18
Listen attentively
Understanding
INTERVIEWING - Victim
19
Conclusion
Complete information
Contact information
Terminating
Documentation
INTERVIEWING - Victim
20
INTERVIEWING - Witness
Relationship
Obtained information
Motivation
Contact information
21
INTERVIEWING - Suspect
Rights
Relationship
Own words
Behavioral Indicators
22
INTERVIEWING - Suspect
Caregiver
Duties
Inconsistencies
Handwriting Samples
Admission
23
Additional Information
Protocol for Law Enforcement:Responding to Victims with
Disabilities
Protocol for Law Enforcement: Responding to Victims of Elder Abuse, Neglect and Exploitation
INTERVIEWING - General
24
Evidence Collection
Preserve the Scene
• Limit Entry
• Document Who Enters
• Maintain the Scene
25
26
Evidence Collection
Evidence
• Physical
• Photograph
27
28
Evidence Collection
Evidence
• Recording Devices
• Medical
29
Evidence Collection
Evidence
• 911
• Documentation
30
Investigation
Information
• The Truth
• Observations
31
Investigation
Strategy
• What first?
• Timeline
32
InvestigationVictim
• Mental Status
• “Sundowning”
• Medications
• Victim Fears
33
Scenario - Investigation
34
Scenario - Investigation
Ellen reports sexual assault, physical abuse and some neglect.
35
36
Investigation
Domestic and Sexual Violence
Pre-Assault Behavior
Violent Incident
Post-Assault Behavior
37
Investigation
Witnesses
Relatives
Friends
Neighbors
Caregivers
38
Investigation
Suspect
Background
Relationship
Financial Situation
Specific Questions
39
Investigation
Suspect is Elderly or PWD
Mental Capacity
Leading Questions
Providing Information
40
Investigation
Evidence Assurance
Corroborating Information
Referrals
41
Investigation
Continued Communications
Joint Investigation
Confidentiality
42
Investigation
Testimony
43
Arrest
Elements of Offenses
Prosecutorial Standards
44
Arrest
Probable Cause
Arrest the Offender
Primary Caregiver
45
46
Enhanced Penalties
Aggravated Assault (720 ILCS 5/12-2(b)(1)) Class A Misdemeanor
Aggravated Battery of a Senior Citizen (720 ILCS 5/12-3.05(a)(4)) Class 2 Felony
Aggravated Battery of a Senior Citizen (720 ILCS 5/12-3.05(d)(1) Class 3 Felony
47
Enhanced Penalties
Aggravated Battery of Physically Handicapped (720 ILCS 5/12-3.05(d)(2) Class 3 Felony
Aggravated Battery Intellectually Disabled (720 ILCS 5/12-3.05(b)(1) Class X Felony
Aggravated Battery Intellectually Disabled (720 ILCS 5/12-3.05(b)(2) Class 3 Felony 48
Enhanced Penalties
Aggravated Identity Theft (720 ILCS 5/16-30(b) Class 3 to Class X Felony
Theft by Deception (720 ILCS 5/16-1)(b)(7) Class 2 Felony
Aggravated Home Repair Fraud (815 ILCS 515/5) Class 2 or 3 Felony
49
Abuse and Criminal Neglect of a Long Term Care Facility Resident (720 ILCS 5/12-4.4a(a) Petty Offense to Class 3 Felony
Criminal Abuse or Neglect of an Elderly Person or Person with a Disability (720 ILCS 5/12-4.4a(b) Class 3 Felony unless death then a Class 2 Felony
Specific Offenses
50
Specific Offenses
Financial Exploitation of an elder/disabled person (720 ILCS 5/17-56) Class 4 to Class 1 based on dollar value and age
Sexual Misconduct with a person with a disability (720 ILCS 5/11-9.5) Class 3 Felony
51
Related Documents
