Sunday, July 15, 2018

State attorney general praises new law expanding prosecutions of elder abuse

Attorney General Josh Shapiro
The legislation expands prosecutorial powers to go after those who abuse a care-dependent person.

Pennsylvania Attorney General Josh Shapiro praised a Berks County lawmaker during a luncheon Friday for his work passing legislation that expands prosecutorial powers to go after those who abuse a care-dependent person.

That legislation, signed into law by the governor last month, had been introduced every session since 2007.

Shapiro credited the legislative success to the bill's sponsor, state Rep. Jim Cox, a Spring Township Republican, Chief Deputy Attorney General Laurie Malone's doggedness and the Reading Eagle's reporting.

“It's hard to get a bill passed,” Shapiro said after his remarks. “It is really hard, especially with all the competing interests, even if it's a subject matter like this that you think can draw strong bipartisan support. But (Cox) stayed with it and he got it done.”

Although tasked with investigating and prosecuting fraud, abuse and neglect, Pennsylvania did not have statutory provisions to prosecute abuse.

On June 28, Gov. Tom Wolf signed Act 53 into law, amending the criminal statute to include language that adds abuse of a care-dependent person, as well as neglect resulting in death.

Elder abuse can take many forms and can be physical, emotional, sexual or through neglect or financial exploitation.

First introduced by former state Rep. Mauree Gingrich in 2007 after residents at a Lebanon County assisted living home were fed rotten food and put to work stuffing newspaper inserts, the bill's earlier versions had passed the House but languished in the Senate.

Cox said the media attention helped push the bill along in the Senate.

“The focus I had, essentially, is we've got to care for those who can't protect themselves,” said Cox. “When push came to shove, I couldn't let the abuse continue.”

The new law goes into effect Aug. 27.

Elder abuse is on the rise. Pennsylvania Department of Health data show substantiated abuse in nursing homes more than tripled from 2012 to 2016, the latest available.

The problem is only expected to worsen as baby boomers turn 65.

According to federal data, the Pennsylvania Office of Attorney General has prosecuted the lowest percentage of patient care cases of all states.

State and local officials expressed high hopes Friday that the amended statute would change that.

The new law, however, stops short of including penalties for those who fail to report suspected abuse to law enforcement. It's a problem the Eagle identified in a November investigation that found these crimes frequently go unreported.

Berks lawmakers acknowledged Friday that more needs to be done.

“This is just a landing point,” said state Sen. Judy Schwank, a Ruscombmanor Township Democrat. “We have more to do, but it's a good start.”

The Berks County Area Agency on Aging hosted Friday's luncheon, its second annual symposium, at the Inn at Reading, Wyomissing, with the goal of educating those who work in the aging and criminal justice systems to better recognize elder abuse.

Roughly 80 people attended, including Dr. C. Eve Kimball. A West Reading pediatrician for more than five decades, Kimball said elder abuse education should be regarded as being as important as training and reporting requirements for those who work with abused children.

“As a physician, I have not received any training in how to identify or report elder abuse,” Kimball told Shapiro during a question-and-answer session facilitated by Berks District Attorney John T. Adams. “I think we need it badly.”

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State attorney general praises new law expanding prosecutions of elder abuse

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