Thursday, September 7, 2023

Gaps in legal system put vulnerable adults at risk

by Shelby Kruse


SHERIDAN — While Sheridan County residents have an established record of reporting suspected cases of elder abuse, according to Sheridan Police Dept. Capt. Tom Ringley, gaps in the legal system can make it difficult to find probable cause in reported cases.

Carmen Rideout, executive director of The Hub on Smith, said The Hub has contracts with the Department of Family Services to ensure vulnerable adults are connected with the resources and services they need. Still, gaps in the legal system make it possible for some to slip through the cracks, Rideout said, even when those cases of potential elder abuse are reported.

“Our [legal] definition of what a vulnerable adult is and what can be considered abuse is pretty limited. … People have the right to make decisions for themselves, and be as independent and autonomous as possible. When other people are concerned about them, there’s only so much that DFS and law enforcement can do,” Rideout said. “They’re working within their scope.”

Ringley said SPD has investigated 31 reports of elder abuse since the start of 2015. Of these 31 reports, 11 were determined to be unfounded and only one of the 31 cases was sent to the county attorney’s office for charges.

“We highly encourage reporting of [elder abuse], but it may not end up fitting the statutes,” Ringley said. “‘Unfounded’ doesn’t mean that there were no injuries or no circumstances deemed worthy of investigation, it’s just that the investigation revealed that there was no violation of the law.”

Ringley said elder abuse can come in many different forms, from the more obvious physical abuse to various forms of neglect and financial exploitation. A common theme in cases of potential elder abuse reported to SPD, Ringley said, is vulnerable adults being cared for by family members who may get overwhelmed and are financially unable to pursue assisted living as an option.

“It is very difficult to care for a vulnerable adult. Whether the care is being provided at home, in a hospital setting, by family members or in an assisted living facility, by definition, a vulnerable adult is one who cannot take care of themselves,” Ringley said. “We think Sheridan does a good job of reporting any time they think people have been exploited or neglected or abused, but we haven’t observed probable cause except in one case.”

Associate State Director of AARP Wyoming Thomas Lacock said efforts to address elder abuse across the state have increased over the past year. During the 2023 legislative session, AARP supported a bill proposed to combat financial abuse of vulnerable adults by allowing banks or credit unions to place five-day holds on transactions that may be fraudulent.

Also within the past year, the Wyoming Legislature’s Management Council has formed the Mental Health and Vulnerable Adult Task Force, made up of senators, representatives and staff from the Wyoming Departments of Health, Education and Family Services.

According to a report by DFS, efforts carried out across the state to protect vulnerable adults include improving the Adult Protective Services program website to make it more accessible and the implementation of a focused advertising campaign to educate the public on what constitutes elder abuse.

Alongside collaborating with DFS, The Hub on Smith partners with SPD to provide local seniors with education on topics like scams to help protect them against potential financial exploitation. Two key parts of addressing local elder abuse, Rideout said, are education and looking out for one another.

“Our county has a significant percentage of older adults and the best thing that can happen is if everybody just keeps their eyes open,” Rideout said. “Look out for your neighbor and your friends and your family. Make sure everybody’s doing OK.”

Full Article & Source:
Gaps in legal system put vulnerable adults at risk

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