Ten Tips for Judicial Training on Elder Abuse Honorable John E. Conery District Court Judge 16 th Judicial District Court, State of Louisiana.

Ten Tips for Judicial Training on Elder Abuse

Honorable John E. ConeryDistrict Court Judge

16th Judicial District Court, State of Louisiana

Tip 1: Determine Definition of Elder Abuse

• Definitions vary– Specific “elder abuse” statute – Falls under “vulnerable adult” statute– Can include disability

• Can include physical, emotional, sexual, financial, neglect or abandonment, or self-neglect

• Civil or criminal penalties

• Consider judges from all types jurisdiction courts as a possible audience for training, including but not limited to:– Traffic, domestic violence, family law, guardianship, criminal and

civil– Magistrates, hearing officers, court referees and commissioners

• Both trial court and appellate court judges should receive training

Tip 2: Define Your Audience

• Consider doing a needs assessment– Current level of knowledge on elder abuse– Issues presenting challenges before the Court– Type of court jurisdiction– Topics they need more info on

• Develop measurable learning objectives for training

• Plan to measure learning at end of training

Tip 3: Get to Know Your Audience

Tip 4: Plan an Elder Abuse Judicial Seminar

• Request your State Judicial Educator or Training Director coordinate planning

• Determine block of time available– If limited, suggest 1-3 hour block on upcoming

judicial training– If available, suggest 1-2 day more in-depth training

• Integrate interactive learning – roundtable discussions, small group exercises, videos, scenarios, etc.

Tip 5: Identify Content and Materials

• Research available program agendas from other state or national programs

• Request materials from other programs identified

• Incorporate pertinent statutes and case law • Highlight promising practices – e.g., Elder

Justice Centers, Elder Protection Court, Elder Protection Orders, etc.

Tip 6: Use Trained Judges as Faculty

• Use trained judges for specific topics and/or to lead group discussions where possible

• Develop structure of training as a potential “Train the Trainer” seminar

• Include judges from all types of court jurisdiction – elder abuse cuts across all of them

Tip 7: Focus on the Following Topics

Elder Abuse Training should include segments on at least the following suggested topics:1) Definitions of Elder Abuse and overview2) Prevalence of Elder Abuse and need for judicial

recognition and intervention3) The aging process, capacity, competency and

consent4) Typical perpetrators and victims 5) Possible causes and danger signs

Tip 7: Focus on the Following Topics (cont’d)

7) Caregiver stress8) Power and control dynamics similar to domestic

violence9) Undue influence10) Cultural issues, judicial bias and proper judicial

demeanor11) Courtroom and courthouse accommodations12) Judge as catalyst for community resource co-

ordination

Tip 8: Select Final Topic(s)

• Use needs assessment results and time available for training to guide final selection(s)

• Determine scope of focus for training– For example, elder abuse issues, elder financial

abuse issues or both– General overview or specific topics

• Consider type of other faculty and expertise needed – medical, prosecution, victim services, etc.

Tip 9: Evaluate and Revise Training

• Develop a training evaluation tool to measure learning as a result of training– State judicial educators can provide examples– Ask what worked, suggested improvements to

increase learning, additional resources, etc.

• Collect completed evaluations at point of training

• Use results to revise and improve training

Tip 10: Stay Informed

• Emphasize importance of judicial training - as aging population increases, caseloads will increase

• Advocate for institutionalized judicial training on elder abuse

• Encourage passage of Elder Justice Act in Congress and access resources that may become available

Resources and Links

• National Center for State Courts: www.ncsconline.org – The Center for Elders and the Courts for updated

information and resources for courts– CourTopics on Elder Abuse:

http://www.ncsconline.org/WC/CourTopics/ResourceGuide.asp?topic=EldAbu

• National Center on Elder Abuse: www.ncea.aoa.gov• National Council on Juvenile and Family Court

Judges: www.ncjfcj.org

Tip 6: Invite All Judges

• Elder Justice Issues cut across practically every possible court jurisdiction including but not limited to, traffic, domestic violence, family law, guardianship, criminal and civil

• It is recommended that all Trial and Appellate Judges receive training