Ohio Attorney General’s

Elder Abuse Commission

Adult Protective Services

2018 Legislative Updates

Commission Members

Office of the Governor

Ohio Attorney General’s Office

Ohio Department of Aging

Ohio Department of Alcohol and Drug Addiction

Services

Ohio Department of Commerce

Ohio Department of Job and Family Services

Ohio Department of Health

Ohio Department of Insurance

Ohio Department of Mental Health

Ohio Department of Developmental Disabilities

Ohio Department of Public Safety

Ohio State Long-Term Care Ombudsman

Supreme Court of Ohio

AARP

Buckeye State Sheriffs Association

Community Bankers Association

Community Solutions

County Commissioners Association

International Association of Forensic Nurses

National Committee for the Prevention of Elder Abuse

Ohio Association of Area Agencies on Aging

Ohio Association of Chiefs of Police

Ohio Association of Probate Court Judges

Ohio Bankers League

Ohio Board of Nursing

Ohio Credit Union League

Ohio Coalition for Adult Protective Services

Ohio Job and Family Services Director’s Association

Ohio State University

State Medical Board of Ohio

Duties of Elder Abuse Commission

– Increase awareness and improve education

– Promote research

– Improve policy, funding, and programming

– Improve the judicial response

– Promote on collaborative efforts

– Explore funding streamsORC 5101.741

www.OhioAttorneyGeneral.gov/elderabuse

Addressing Gaps in the Systems

Source: Ohio Department of Job and Family Services, APS Data Fact Sheet SFY 2013- 2017

Ohio Budget Bill – HB 49

• HB 78 language was used in the budget

• Added mandatory reporters - to include bank employees,

accountants, real estate brokers and financial advisers

• Expanded the definition of exploitation- (person, not caretaker)

• Added the definition of abandonment

• During the investigation by law enforcement, the county

prosecutor may file a petition courts for denial or obstruction of

access to adult’s residence – temporary restraining order

• Codified the Elder Abuse Commission

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Adult Protectives Services Laws

• Investigate allegations of abuse, neglect and exploitation

• Make referrals to law enforcement

• Focus on protectives services not criminal justice

• Departments may petition for court order authorizing

protective services for – Incapacitated adults who are experiencing abuse, neglect and/or

exploited

– Lack the ability to consent for services

– In need of protective services

Mandatory Reporting

• Any mandatory reporter who has reasonable cause to

believe

– That an adult is being abused, neglected, or exploited; or

– Is in a condition which is result of abuse, neglect, or

exploitation

• Shall immediately report to the County Department of Jobs

and Family Services or its designated agency

O.R.C. 5101.63

New Mandated Reporters

• Pharmacist

• Dialysis Technician

• Hospital 5122.01

• Health Dept. Employee

• Humane Society Agent

• Firefighter

• Ambulance Driver

• EMT/First Responder

• Building Department

• CPA

• Real Estate Broker

• Notary Public

• Bank/S & L/Credit Union Employees

• Investment Advisor

• Financial Planner

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Immunity for Reporting

• Any person with reasonable cause to believe an adult is

suffering abuse, neglect, or exploitation, who makes a

report, testifies or acts responsibly in the discharge of their

official duties:

• Shall be immune from civil/criminal liability

• Unless the person acted in bad faith or with malicious

purpose

O.R.C. 5101.63

Types of Abuse

• Physical Abuse

• Emotional Abuse

• Sexual Abuse

• Exploitation

• Neglect

–Abandonment

• Self Neglect

1-855-OHIO-APS (1-855-644-6277) toll-free 24/7

To Make a Report

• Name, address and approximate age of the person

• Name and address of the person responsible for the

victim’s care

• The name and address of the alleged perpetrator, if

different from the caretaker

• The reason you suspect abuse, neglect or exploitation

• The nature and extent of the suspected abuse, neglect or

exploitation

http://jfs.ohio.gov/county/County_Directory.pdf

Exploitation (ORC 5101.60)

the unlawful or improper act of a person using, in one or

more transactions, an adult or an adult's resources for

monetary or personal benefit, profit, or gain when the

person obtained or exerted control over the adult or the

adult's resources in any of the following ways:

(1) Without the adult’s consent or the consent of the

person authorized to give consent on the adult's behalf;

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Exploitation (ORC 5101.60)

(2) Beyond the scope of the express or implied consent of the

adult or the person authorized to give consent on the adult's

behalf;

▪ By deception;

▪ By threat;

▪ By intimidation.

[Effective 9/29/2018]

Abandonment

“Abandonment” to the definition of “Neglect” to

mean the desertion of an adult by a caretaker

without having made provision for transfer of the

adult’s care.

Response Times

• 24 hours - “Same Day”

Life Threatening

Emergency

• 3 days for all other Non-Emergency reports

Investigation & Assessment

• The department shall write a report which confirms

or denies the need for protective services (Risk

Assessment).

• If confirmed, the department must identify and

address root causes of abuse, neglect, or

exploitation.

• if denied, the department must state why it reached

this conclusion.

The Investigation

• Worker has a “face to face” with the alleged victim to

determine the alleged victim's situation and needs.

• Consults with referent, if feasible.

• Consults with collateral contacts, if feasible.

• Provide written notice of the “Intent of the

Investigation” – initial interview.

Protective Plan

APS attempts to establish the least restrictive alternatives

Balance safety versus Autonomy

–Emergency Services – Medical/Mental Health Care

–Home Health Care

–Legal surrogates

–Financial Assistance

–Guardianship of Person & Estate

– Institutional - Long-Term Care

In Need of Protective Services

• Means an adult known or suspected to be suffering

from abuse, neglect, or exploitation to an extent that

either life is endangered or physical harm, mental

anguish, or mental illness results or is likely to result.

Protective Services

Means services provided by the county department of job and family services or its designated agency to an adult who has been determined by evaluation to require such services for the prevention, correction, or discontinuance of an act of as well as conditions resulting from abuse, neglect, or exploitation. Protective services may include, but are not limited to, case work services, medical care, mental health services, legal services, fiscal management, home health care, homemaker services, housing-related services, guardianship services, and placement services as well as the provision of such commodities as food, clothing, and shelter.

Understanding the Landscape

▪ Victim’s location (residency matters)

▪ Relationship to the Perpetrator

▪ Family member, friend, Power of Attorney

▪ Guardian of Person/Estate

– Can I interview the victim?

• Need to interact with the guardian

• Identify who can testify

– The role of the Probate Court

▪ Victim’s ability to consent

Consent as a Defense

• In general, valid/legal consent requires the Adult to act:

– Freely & voluntarily

– Knowingly (true nature of the act)

– Informed consent (mental capacity)

• Consent is negated when:

– Victim lacks capacity to understand the nature and consequences

of one’s acts

– Undue Influence negates consent

Capacity versus Competency

Capacity

• Ability to accept to decline

treatment

• Determined by clinician based

on adult’s ability to

demonstrate specific

knowledge

• Mental health professional

helpful but not necessarily

required

Competency

• Legal definition established by

the Court

• Clinical recommendation can

influence a judicial ruling on

competency

• The law presumes competence

unless otherwise proven

Slide 25

Incapacitated

• Means a person who is impaired for any reason to the extent that the person lacks sufficient understanding or capacity to make and carry out reasonable decisions concerning the person's self or resources, with or without the assistance of a caretaker. Refusal to consent to the provision of services shall not be the sole determinative that the person is incapacitated.

ORC 5101.60

Reasonable Decisions

Reasonable decisions are decisions made in daily

living which facilitate the provision of food, shelter,

clothing, and health care necessary for life support.

ORC 5101.60

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Probate Court Interventions - APS

• Adult is unable to protect self

• Facts showing attempts to obtain the adult’s consent

• History of least restrictive attempts

• Current emergency

• Risk to client if no action is taken

• Lack of appropriate decision maker available

• Recommended protective service planORC 5101.68, 5101.70, 5101.701

Benefits of I-Teams

• Provides a comprehensive approach to addressing

community elder abuse/crimes

• Prevents duplication of organizational efforts

• Increases the power of advocacy and resource

development

• Creates public recognition and visibility.

Senate Bill 158 – 132nd General Assembly

• Increases penalties for theft

• Further expand mandatory reporters

• Ohio Attorney General Office required to release

public service announcements

• Best practices and standards for preventing elder

fraud and financial exploitation to be developed by

state agencies/APS agencies/Financial Institution

interest group

This is just the tip of the iceberg!

www.OhioAttorneyGeneral.gov

www.OhioAttorneyGeneral.gov/EmailUpdates

www.OhioProtects.org

@OhioAG

Ohio Attorney General

Ohio Attorney General

Sylvia M. Pla-RaithDirector, Elder Justice Initiative

Ohio Attorney General Mike DeWineSylvia.Pla-Raith@OhioAttorneyGeneral.gov

Office - 614-466-3493Help Center: 800-282-0515