“The Texas Guardianship Association has advocated for more than twenty years for a caring, responsible, and comprehensive system to care for vulnerable adults by protecting them from abuse, neglect, and exploitation when court-imposed guardianship is necessary. The guardianship community and other advocates came together to unanimously support Senate Bill 667, sponsored by Senator Judith Zaffirini, which would have provided the Texas Office of Court Administration with funding to independently audit guardianship cases in Texas courts to ensure that court-appointed guardians are in compliance with the Texas Estates Code. The veto of this bill by Governor Abbott was not only surprising but also highlights the need for enhanced understanding of the need for protection of adults with diminished capacity at the highest levels of our state government.
While it is true that the Governor has signed into law a number of guardianship reform bills over the past two legislative sessions, these bills were primarily designed to impose additional responsibilities on guardians, who are most often family members who may not know or fully understand their duties as guardians. Lacking in the reforms to date have been provisions that would assist the courts in ensuring that court-appointed guardians are in compliance with these progressive statutes.
The Governor’s veto of funding for Senate Bill 667 prevents the Office of Court Administration from having the funds and staff necessary to ensure that every guardian in every case is in compliance with State law. This bill was the first step in a process that would have assisted Texas courts in becoming more proactive and responsible in ensuring guardians are properly managing the personal and financial affairs of vulnerable Texans.
The Texas Guardianship Association will move forward with a renewed commitment to educate public officials and the private community in Texas regarding additional reforms needed to protect adults in Texas. In this regard, the first order of business is to analyze the challenges faced by general jurisdiction courts in Texas that generally have thousands of active cases without specialized staff to monitor and audit activities by guardians. With more than 50,000 adults and in excess of five billion dollars under management by Texas guardians, this should be the first order of business by elected officials in Texas.”
Terry W Hammond, President of the TGA Board of Directors
Full Article & Source:
TGA’s Response to Governor Abbott’s Veto of SB667
See Also:
Read SB 667
Tuesday, September 19, 2017
94-year-old sues Florida nursing home where 8 residents died in wake of Hurricane Irma
A 94-year-old woman living at the Florida nursing home
where eight residents died after an air conditioning system failed in
the wake of Hurricane Irma is now suing the rehabilitation center,
claiming it showed "negligence and reckless indifference" toward its
elderly residents.
Rosa Cabrera's legal guardian filed the lawsuit in a Broward County
state court on Friday on her behalf against the Rehabilitation Center at
Hollywood Hills in Hollywood, Florida.
Eight of the nursing home's residents died last week after the
facility's electrical system for its air conditioning stopped working in
the aftermath of the hurricane that hit Florida on September 10.
Cabrera is a double amputee "without the ability to walk or live
independently," the complaint says. She sustained heat-related injuries
and had to be hospitalized as a result of the days-long failure of the
nursing home's air conditioning system, the complaint alleges.
"As the hurricane approached, Ms. Cabrera was told by the Rehab Center
that she would not be evacuated, but would be safe and cared for" at the
nursing home, the complaint says. She did not know that the nursing
home lacked a generator to power its air conditioning system in the
event of a power failure, the lawsuit alleges.
The complaint further contends that the Rehabilitation Center at
Hollywood Hills should have known that the storm would cause a power
outage, and that if that happened "the temperature inside the facility
would be unsafe and dangerous" for its more than 150 residents.
"Notwithstanding these foreseeable, dangerous, and life-threatening
conditions, the defendant made no effort to relocate the elderly and
vulnerable residents or to secure an adequate cooling system for the
center," the complaint says.
The lawsuit alleges that the Rehabilitation Center failed to adequately
prepare for Irma after hurricane and storm-surge warnings were first
issued for Broward County on Sept. 7.
Hill and Knowlton Strategies, a public relations firm representing the
nursing home told ABC News, "It would be inappropriate to discuss a
pending suit. However, counsel will be reviewing the filing."
Most of the eight residents of the Rehabilitation Center at Hollywood
Hills who died had been treated for respiratory distress, dehydration,
and heat-related issues, officials said. Some of the patients admitted
to nearby Memorial Regional Hospital felt temperatures of up to 106
degrees, hospital officials said Thursday.
A timeline released by the public relations firm for the nursing home
says that the center's staff reached out repeatedly to emergency
hotlines and the local power utility in the days after the air
conditioning system failed on Sept. 10.
Nursing home officials also called the personal cell phone of Florida Gov. Rick Scott seeking help, the governor's office confirmed to ABC News on Saturday.
Scott's office said the messages left on his cell phone were referred to two other agencies.
“Every call made to the governor from facility management was referred
to the Agency for Health Care Administration and the Florida Department
of Health, and quickly returned,” John Tupps, Scott's communications
director, said Friday,
Full Article & Source;
94-year-old sues Florida nursing home where 8 residents died in wake of Hurricane Irma
Monday, September 18, 2017
Former Probate Judge Nadeau suspended
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| Robert M.A. Nadeau |
The Maine Supreme Judicial Court on Thursday rejected Nadeau’s request for a reconsideration of the decision they made in June to suspend him for violating judicial canons during during his last term as York County Judge of Probate.
“The sanctions we impose here rest on our consideration of all of Nadeau’s history of professional misconduct, as both an attorney and a judge,” the justices wrote in a 10-page response to his request for reconsideration.
“As we stated in the opinion that is the subject of this motion, this is now the fourth time that Judge Nadeau has appeared before us for ethical violations, and the third time for conduct that occurred while serving in a judicial capacity. Here, his actions were often carried out in an intemperate and vindictive fashion against former colleagues of his law practice and their associates. Attorneys’ reputations were harmed, and litigants before him were pressured to support his efforts to increase court resources and his compensation. Judge Nadeau has not fully acknowledged the intemperate nature of his decisions.“
The justices wrote that prior corrective actions had not been effective.
“This time, therefore, more severe sanctions are warranted,” they said.
Following complaints filed by the Committee on Judicial Responsibility and Disability, the justices in June found Nadeau violated judicial canons when he directed probate court staff not to make court appointments to seven attorneys; regarding his removal of a previously appointed attorney from pending cases; his issuance of orders urging litigants appearing before him to lobby for increased court time, and his personal solicitation of campaign contributions for his 2016 election campaign, according to the court document.
In his motion for reconsideration, Nadeau pointed out that the Committee on Judicial Responsibility and Disability had asked for a suspension of his license to practice law only if he were to again run for probate judge.
Nadeau also raised questions about due process, the burden of proof and what he described as the Maine Supreme Judicial Court’s commentary regarding whether he "fully acknowledged the intemperate nature of his decisions.”
“Regardless of the circumstances and my efforts to quickly right any wrongs when I made them, and regardless of the applicable canons, my goal was always to avoid errors of any sort, and to do what was best and most supportive for the users of the probate court,” he wrote. “I apologize for not having done better, and I blame only myself."
The justices found that Nadeau’s order to staff to reschedule all pending court cases in the hours after his bid for more court time and a larger salary was rejected by York County Commissioners in 2015, did not constitute a violation of judicial canons.
“With this history, Nadeau was certainly on notice regarding the sanctions he could face; he has not been denied due process in this proceeding; and he has failed to demonstrate that he has been sanctioned more harshly than others similarly situated, having identified no Maine attorney with a history of professional misconduct violations as extensive as his own,” the justices concluded.
Nadeau served several terms as York County Judge of Probate. He was first elected in 1996 and again in 2002 and 2004. He lost the 2008 election but was returned to the bench in 2012. He lost in a three-way race to Sanford Attorney Bryan Chabot in November 2016; Chabot took office in January.
Full Article & Source:
Former Probate Judge Nadeau suspended
New law protects vulnerable citizens from financial exploitation and other abuse
SAN ANTONIO — A new state law seeks to protect our most vulnerable citizens from financial exploitation.
House Bill 3921 went into effect Sept. 1 and is already helping banks and credit unions stop financial exploitation and other forms of elder abuse.
"It's sad," said Rhonda Valdez. "It's hard to get to the bottom of it."
Valdez is worried sick. She believes her 85-year old mother is a victim of elder abuse and she's not sure what to do about it.
"Some people can't afford an attorney," Valdez said. "It's expensive. What are you supposed to do?"
Bexar County has the second-highest number of suspected abuse cases in the state according to adult protective services.
Last year nearly 10,000 cases were reported, including instances of suspected abuse, neglect and financial exploitation.
"It could be your brother," Valdez said. "It could be your sister."
"We work closely with financial institutions to be able to provide us some of that background information so we can explore it further," said Ann Cortez, district director of adult protective services.
A new state law requires financial institutions to report suspected financial exploitation within five business days.
"Well I think that's great it's about time somebody's got to stand up for them," Valdez said.
"One of the red flags is the customer looks as though they're frightened, or they look as though they're being coerced to pull money out," said Estrellita Garcia-Diaz of Jefferson Bank.
Jefferson Bank already reported suspicious activity internally.
"Changes in their spending habits," Garcia-Diaz said. "You can see that they're drawing more cash out on a more frequent basis or sometimes the checks presented for payment show a different signature."
The new law provides oversight from the state and allows financial institutions to help launch investigations into suspected abuse at home.
"Just those things are a hint as to what could be going on behind closed doors," Garcia-Diaz said.
If you suspect a loved one has become a victim of abuse exploitation or neglect you can connect with Adult Protective Services using their 24-hour hotline, 1 (800) 252-5400.
Full Article & Source:
New law protects vulnerable citizens from financial exploitation and other abuse
House Bill 3921 went into effect Sept. 1 and is already helping banks and credit unions stop financial exploitation and other forms of elder abuse.
"It's sad," said Rhonda Valdez. "It's hard to get to the bottom of it."
Valdez is worried sick. She believes her 85-year old mother is a victim of elder abuse and she's not sure what to do about it.
"Some people can't afford an attorney," Valdez said. "It's expensive. What are you supposed to do?"
Bexar County has the second-highest number of suspected abuse cases in the state according to adult protective services.
Last year nearly 10,000 cases were reported, including instances of suspected abuse, neglect and financial exploitation.
"It could be your brother," Valdez said. "It could be your sister."
"We work closely with financial institutions to be able to provide us some of that background information so we can explore it further," said Ann Cortez, district director of adult protective services.
A new state law requires financial institutions to report suspected financial exploitation within five business days.
"Well I think that's great it's about time somebody's got to stand up for them," Valdez said.
"One of the red flags is the customer looks as though they're frightened, or they look as though they're being coerced to pull money out," said Estrellita Garcia-Diaz of Jefferson Bank.
Jefferson Bank already reported suspicious activity internally.
"Changes in their spending habits," Garcia-Diaz said. "You can see that they're drawing more cash out on a more frequent basis or sometimes the checks presented for payment show a different signature."
The new law provides oversight from the state and allows financial institutions to help launch investigations into suspected abuse at home.
"Just those things are a hint as to what could be going on behind closed doors," Garcia-Diaz said.
If you suspect a loved one has become a victim of abuse exploitation or neglect you can connect with Adult Protective Services using their 24-hour hotline, 1 (800) 252-5400.
Full Article & Source:
New law protects vulnerable citizens from financial exploitation and other abuse
ACL Awards Grants to Help States Support Caregivers, Strengthen Lifespan Respite Systems
September 12, 2017
ACL
recently awarded grants totaling nearly $3 million to 14 states to
support caregivers by strengthening lifespan respite care programs.
These programs seek to improve the well-being of families by
coordinating existing respite systems, providing education and training
opportunities, and expanding respite services.
North Dakota and South Dakota were awarded new state grants totaling $400,000 for three-year projects. The funding will be used to plan, establish, and expand lifespan respite care systems that provide new and planned emergency respite services, train and recruit respite workers and volunteers, and assist caregivers with accessing needed services.
Twelve states have been awarded three-year Advancing State Lifespan Respite Systems grants totaling more than $2.5 million to build on progress made under previous Lifespan Respite Care Program grants. Projects will focus on developing and strengthening the components of a lifespan respite care System deemed necessary for improving access, consistency, quality, sustainability; and reducing duplication in respite service delivery.
The 12 states are:
Respite care offers individuals or family members temporary relief from the daily routine and stress that can come with providing care. Respite can play a critical role in strengthening family stability and maintaining the health of the family caregiver.
Since 2009, ACL has awarded competitive lifespan respite grants to 37 states and the District of Columbia. Each state collaborates with an Aging and Disability Resource Center/No Wrong Door system, as well as a public or private non-profit statewide respite care coalition or organization.
North Dakota and South Dakota were awarded new state grants totaling $400,000 for three-year projects. The funding will be used to plan, establish, and expand lifespan respite care systems that provide new and planned emergency respite services, train and recruit respite workers and volunteers, and assist caregivers with accessing needed services.
Twelve states have been awarded three-year Advancing State Lifespan Respite Systems grants totaling more than $2.5 million to build on progress made under previous Lifespan Respite Care Program grants. Projects will focus on developing and strengthening the components of a lifespan respite care System deemed necessary for improving access, consistency, quality, sustainability; and reducing duplication in respite service delivery.
The 12 states are:
- Alabama
- Arizona
- Colorado
- Idaho
- North Carolina
- Nevada
- New York
- Oklahoma
- Rhode Island
- South Carolina
- Tennessee
- Washington
Respite care offers individuals or family members temporary relief from the daily routine and stress that can come with providing care. Respite can play a critical role in strengthening family stability and maintaining the health of the family caregiver.
Since 2009, ACL has awarded competitive lifespan respite grants to 37 states and the District of Columbia. Each state collaborates with an Aging and Disability Resource Center/No Wrong Door system, as well as a public or private non-profit statewide respite care coalition or organization.
Full Article & Source:
ACL Awards Grants to Help States Support Caregivers, Strengthen Lifespan Respite Systems
Sunday, September 17, 2017
Tonight on T.S. Radio with Marti Oakley: Genevieve's Nightmare, Part 2, & Another Carol Hershey Victim
Mary Bush returns for part 2 of her mothers guardianship case. Geneveive is still being isolated and held prisoner for-profit. Mary who lives about 15 miles from the locked in facility where her mother is, has not seen her mother since January 2016. Mary has since discovered and reported to Chester County Adult Protective Services that her mother again has not seen her cardiologist for a year and a half.
After filing another petition to the court to get her mother to her doctor, the court issued an order stating "I will not micromanage (Guardianship Services of Pennsylvania) care decisions absent compelling reasons". The court also ordered that Mary who is her mother's legal health care agent is to " cease and desist" "scheduling appointments for her mother". If guardianship is about protecting vulnerable older adults, then who is the Court really protecting?
Hour 2:
Jeffrey Hennell joins the show to talk about yet another victim of Chester County, Pennsylvania probate, his mother. Jeffrey's mother was another victim of Carol Hershey. The house sold, personal items sold and family memorabilia left in a dumpster...including his father's ashes.
LISTEN to the show live or listen to the archive later
Shenanigans in the Montgomery County, PA, Courthouse - Florence's Story
Are you safe from abuse if your paperwork is in order, i.e. a trust? Decide for yourself. This video features Judge Lois Murphy, attorney Robert Slutsky, professional guardian Louis Horvath and his company Intervention Associates.
Source:
Shenanigans in the Montgomery County, PA, Courthouse - Florence's Story
Union Co. Judge Executive Indicted on Public Corruption Charges
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| Click to Watch Video |
The four count indictment alleges Jenkins devised a scheme to deprive the citizens of the county of their right to honest and faithful services of the office of judge executive. Federal prosecutors allege Jenkins solicited and received approximately $20,000 in kickbacks during the purchase of several pieces of heavy equipment that was later tied to an elaborate theft ring.
The theft ring targeted heavy equipment like skid steers and mini-excavators across three states. Four men, Thomas Elpers, Andrew Elpers, Jordan Wedel and Jason Habermel, were all all federally indicted for their roles in the theft ring. All four men have pleaded guilty and are currently serving their sentences.
According to the now-public indictment, Jenkins took steps to hide, conceal and cover-up his actions, including directing that false and fraudulent invoices be submitted.
Eyewitness News has been investigating the county's purchase of the stolen equipment since early 2015.
According to purchasing records obtained by Eyewitness News, the Union County Fiscal Court purchased several pieces of equipment later tied to the theft ring, totaling more than $100,000. That equipment was seized by the FBI in late 2014.
As Eyewitness News has previously reported, the equipment the county purchased had numerous red flags including altered serial numbers. The equipment was also purchased for significantly below market value, sometimes more than $40,000 less than it would normally sell for.
Judge Jenkins previously told Eyewitness News that the equipment was purchased in good faith.
One of the four men indicted as part of the theft ring, 45-year-old Jason Habermel, made damaging statements against Judge Jenkins during his sentencing hearing earlier this year.
Under oath, Habermel stated Andrew Elpers set a price on the stolen equipment that was to be bought by the Union County Fiscal Court. The price was set at just below $20,000 at Judge Jenkins' direction, Habermel said. This was done to avoid triggering the state's model procurement law which requires government agencies to publicly bid out purchases that exceed $20,000, according to Habermel's testimony.
The county's business transactions with Habermel began in early 2014 and abruptly stopped six months later.
Habermel stated that he would take the checks signed by Judge Jenkins and cash them at a Planters Bank location in Union County. From there, Habermel stated he would take anywhere from $500 to $1500 from the proceeds as a 'brokerage fee.'
Habermel wasn't the only person taking a cut of the proceeds, according to his testimony.
While under oath, Habermel told the court that Judge Jenkins would ask for a 'cost of doing business' in Union County that would be anywhere from $2000 to $2500. Habermel's attorney later characterized these transactions as 'kick backs' for Judge Jenkins. Habermel would also implicate Union County Clerk Trey Peak and local businessman Steve Eckels. As Eyewitness News has previously reported, Eckels has often received preferential treatment in terms of being awarded county contracts.
"I would pay Mr. Eckels, Jody Jenkins' friend," Habermel testified. "He would also receive monetary compensation for doing business in Union County as well as Trey Peak who is a county official as well. That was brought forth to me by them, saying that, 'if we're going to do business with you (Habermel), this is just the cost of business."
Jenkins was not at his office when Eyewitness News tried to reach him for comment. A fiscal court staff member told Eyewitness News that Jenkins had not returned from an early morning appointment. Additionally, Jenkins did not return calls requesting comment.
Law enforcement sources said Jenkins has retained an attorney. However, the identity of Jenkins' attorney is unknown.
Jenkins will make his initial appearance in federal court later this month. If convicted, Jenkins could be sentenced to no less than 20 years in prison for each count, fined $1 million and serve a three year period of supervised release. Jenkins can remain as judge executive through the duration of his criminal case, according to state law. Jenkins can only be removed from office if he's convicted of a felony.
Click here for the official release from the US Attorney's Office.
Click here to read the indictment.
Full Article & Source:
Union Co. Judge Executive Indicted on Public Corruption Charges
Ponca Tribe Gets Grant To Battle Elder Abuse
NIOBRARA, Neb. — Andrea Rodriguez has seen tribal
elders, held in great respect by the Native American culture, also
subjected to abuse.
In that respect, elder abuse cuts across racial lines and knows no color.
Rodriguez has worked with a variety of cases as the domestic violence program coordinator for the Ponca Tribe. The tribe doesn’t have a reservation, but its service area includes Knox County, Nebraska.
“We’ve been seeing an average of about six cases of elder abuse a year, most of it for financial exploitation,” Rodriguez said.
“We’ve also seen emotional, physical, sexual and even spiritual abuse. The elders are a vulnerable population.”
The Ponca Tribe recently received a $17,148 Elder Abuse Innovation Grant Award. The non-renewable grant allows the tribe to address elder abuse throughout its 15-county service area in Nebraska, Iowa and South Dakota.
“The grant allows us to serve Knox County and do more in the Niobrara area,” Rodriguez said. “This will be an expansion of our current services here (in Niobrara), and we have staff members based in Sioux City who are able to make visits.”
The Ponca Tribe’s grant is awarded through the National Indigenous Elder Justice Initiative (NIEJI) Innovation program. Tribes from around the United States submitted proposals.
NIEJI Innovation awarded funding to eight tribes from eight states to help them develop programs for their communities.
The tribal efforts will focus on two different areas of need, she said.
“It allows us to offer outreach and prevention work on elder abuse,” she said. “We can also develop a section of the Ponca tribal code that will better serve Native American elders. We hope to reach the under-served.”
The tribe intends to create greater awareness of abuse and neglect cases involving Native American elders, Rodriguez said. The tribe can also develop policy and a structure for reporting, investigating and intervening in those cases.
Elder abuse is just part of a wider problem, Rodriguez said. The grant will supplement work already under way with tribal domestic violence programs, she said.
“In 2016, our Domestic Violence Program served 262 Native American victims of abuse,” she said. “Of those, eight were elders.”
The awareness and outreach effort could discover undetected or unserved cases because of a lack of resources.
Rodriguez pointed to various types of abuse:
• Financial exploitation could consist of a family member or other person either directly taking or talking the elderly person into signing over resources. Those funds could include disability or retirement checks, savings or government funds such as the Supplemental Nutrition Assistance Program (SNAP).
“The persons might tell the elder that they’re going to deposit the check in the bank and will instead cash it and keep the money for themselves,” Rodriguez said.
• Emotional abuse may not show physical scars but can also inflict damage, Rodriguez said.
“Emotional abuse can consist of name calling or putting down someone or isolating them,” she said. “Isolation can mean family members or others are kept from coming to the elder’s home, or the elder is kept from making contact with others.”
Law enforcement or other authorities may be contacted to conduct a welfare check on the elderly person, she said. The police and courts may also be contacted in cases of stalking and harassment.
• In physical and sexual abuse cases, the criminal justice system can become involved and receive a victim impact statement. Two sexual abuse cases last year involved elderly victims, she said.
• Spiritual abuse may include the prevention of elderly persons from practicing their religious faith, Rodriguez said.
“We have Native Americans who are not allowed or who are prevented from attending powwows and other spiritual events,” she said. “There might be instances where someone has refused to let anybody talk to an elder about spiritual matters.”
The Ponca Tribe domestic violence programs offer services ranging from advocacy, transportation and legal action to counseling, medical care and other resources, Rodriguez said.
Sometimes, family members contact authorities with concerns about an elder’s well-being, Rodriguez said. In some cases, law enforcement or social workers are brought into the setting. Other times, the victim may need to relocate for safety reasons.
“We advise victims who are ready to leave, so they know the safe time to leave and what to take with them,” she said. “Also, we advise them who to contact and who not to contact.”
Under the NIEJI grant, the Ponca Tribe’s domestic violence program plans to expand its elderly outreach, Rodriguez said. Staff will make presentations at weekly congregate elder lunches, Circle of Elders monthly meetings and Northern Ponca Elders Council quarterly meetings.
In addition, the staff will host informational booths at tribal community dinners and create newsletter articles mailed to all Ponca elders.
The staff will also involve elders on what to include with the Tribal Elder Code. A code will be established to protect elders within the jurisdiction of the Ponca Tribe from abuse, exploitation and neglect.
Currently, the Community Response Teams meet monthly to discuss effective and accountable services for perpetrators and enhanced support for victims.
The newly-awarded grant will provide greatly-needed funds, Rodriguez said. The grant is administered through the University of North Dakota’s Center for Rural Health.
“The biggest challenge is funding for our programs and affordable housing for our victims,” she said.
The Ponca Tribe’s domestic violence program recently won the Nebraska State Advocate of the Year award, Rodriguez said. The staff will be recognized at a Sept. 20 ceremony in Lincoln.
“We are promoting our domestic violence program,” she said. “We take this (problem) seriously.”
Full Article & Source:
Ponca Tribe Gets Grant To Battle Elder Abuse
In that respect, elder abuse cuts across racial lines and knows no color.
Rodriguez has worked with a variety of cases as the domestic violence program coordinator for the Ponca Tribe. The tribe doesn’t have a reservation, but its service area includes Knox County, Nebraska.
“We’ve been seeing an average of about six cases of elder abuse a year, most of it for financial exploitation,” Rodriguez said.
“We’ve also seen emotional, physical, sexual and even spiritual abuse. The elders are a vulnerable population.”
The Ponca Tribe recently received a $17,148 Elder Abuse Innovation Grant Award. The non-renewable grant allows the tribe to address elder abuse throughout its 15-county service area in Nebraska, Iowa and South Dakota.
“The grant allows us to serve Knox County and do more in the Niobrara area,” Rodriguez said. “This will be an expansion of our current services here (in Niobrara), and we have staff members based in Sioux City who are able to make visits.”
The Ponca Tribe’s grant is awarded through the National Indigenous Elder Justice Initiative (NIEJI) Innovation program. Tribes from around the United States submitted proposals.
NIEJI Innovation awarded funding to eight tribes from eight states to help them develop programs for their communities.
The tribal efforts will focus on two different areas of need, she said.
“It allows us to offer outreach and prevention work on elder abuse,” she said. “We can also develop a section of the Ponca tribal code that will better serve Native American elders. We hope to reach the under-served.”
The tribe intends to create greater awareness of abuse and neglect cases involving Native American elders, Rodriguez said. The tribe can also develop policy and a structure for reporting, investigating and intervening in those cases.
Elder abuse is just part of a wider problem, Rodriguez said. The grant will supplement work already under way with tribal domestic violence programs, she said.
“In 2016, our Domestic Violence Program served 262 Native American victims of abuse,” she said. “Of those, eight were elders.”
The awareness and outreach effort could discover undetected or unserved cases because of a lack of resources.
Rodriguez pointed to various types of abuse:
• Financial exploitation could consist of a family member or other person either directly taking or talking the elderly person into signing over resources. Those funds could include disability or retirement checks, savings or government funds such as the Supplemental Nutrition Assistance Program (SNAP).
“The persons might tell the elder that they’re going to deposit the check in the bank and will instead cash it and keep the money for themselves,” Rodriguez said.
• Emotional abuse may not show physical scars but can also inflict damage, Rodriguez said.
“Emotional abuse can consist of name calling or putting down someone or isolating them,” she said. “Isolation can mean family members or others are kept from coming to the elder’s home, or the elder is kept from making contact with others.”
Law enforcement or other authorities may be contacted to conduct a welfare check on the elderly person, she said. The police and courts may also be contacted in cases of stalking and harassment.
• In physical and sexual abuse cases, the criminal justice system can become involved and receive a victim impact statement. Two sexual abuse cases last year involved elderly victims, she said.
• Spiritual abuse may include the prevention of elderly persons from practicing their religious faith, Rodriguez said.
“We have Native Americans who are not allowed or who are prevented from attending powwows and other spiritual events,” she said. “There might be instances where someone has refused to let anybody talk to an elder about spiritual matters.”
The Ponca Tribe domestic violence programs offer services ranging from advocacy, transportation and legal action to counseling, medical care and other resources, Rodriguez said.
Sometimes, family members contact authorities with concerns about an elder’s well-being, Rodriguez said. In some cases, law enforcement or social workers are brought into the setting. Other times, the victim may need to relocate for safety reasons.
“We advise victims who are ready to leave, so they know the safe time to leave and what to take with them,” she said. “Also, we advise them who to contact and who not to contact.”
Under the NIEJI grant, the Ponca Tribe’s domestic violence program plans to expand its elderly outreach, Rodriguez said. Staff will make presentations at weekly congregate elder lunches, Circle of Elders monthly meetings and Northern Ponca Elders Council quarterly meetings.
In addition, the staff will host informational booths at tribal community dinners and create newsletter articles mailed to all Ponca elders.
The staff will also involve elders on what to include with the Tribal Elder Code. A code will be established to protect elders within the jurisdiction of the Ponca Tribe from abuse, exploitation and neglect.
Currently, the Community Response Teams meet monthly to discuss effective and accountable services for perpetrators and enhanced support for victims.
The newly-awarded grant will provide greatly-needed funds, Rodriguez said. The grant is administered through the University of North Dakota’s Center for Rural Health.
“The biggest challenge is funding for our programs and affordable housing for our victims,” she said.
The Ponca Tribe’s domestic violence program recently won the Nebraska State Advocate of the Year award, Rodriguez said. The staff will be recognized at a Sept. 20 ceremony in Lincoln.
“We are promoting our domestic violence program,” she said. “We take this (problem) seriously.”
Full Article & Source:
Ponca Tribe Gets Grant To Battle Elder Abuse
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