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HomeMy WebLinkAboutMINUTES - 09232003 - C.48 TO: BOARD OF Contra FROM. John Cullen, Director, m ent and Human •. Services Department ; :_ Costa p � . Bob Kochly, District Attorney ' ounty DATE: September 4, 2003 4'' 11 SUBJECT: Support for Federal legislation HR 2490 and S 333, Elder Justice Acts SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: It is recommended that a letter from the Board be sent to members of our Federal legislative Contingent' in support of S. 333 (Elder Justice Act) and H.R. 2490 (Elder Justice Act). Additionally, Board members are encouraged to advocate with other entities for the endorsement of these bills. BACKGROUND: S. 333 and H.R. 2490, using identical language, are each being considered by their respective House of Congress. The bills deal with adult protective services, collecting uniform data and the conducting of valuable research and training in all areas of practice impacting the well being of vulnerable adults in our communities. Staff has prepared a synopsis and analysis of the bills (see attached) that shows the proposed expansion of the elder justice system. We believe this is a vital expansion necessary to meet the needs of our ever-growing elder population. The major reasons we recommend the Board's endorsement of these bills include: • The bills strengthen the mandate for the prevention, investigation, treatment and prosecution of elder abuse. • The bills improve and promote the uniform collection, maintenance and dissemination of data • California and local government will be able to seek funding for prevention, detection, assessment, treatment of, intervention in, investigation of and prosecution of elder abuse, neglect and exploitation. CONTINUED ON ATTACHMENT: —X—YES SIGNATURE: ___ __ �. RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE _-.,tikPPROVE OTHER SIGNATURE(S): -------------- -- --_____ .- -- -.__..___.._._.----_------------ ACTION OF BoAF6 O 4 23, 2003 APPROVE AS RECOMMENDED ._X _ OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN X UNANIMOUS(ABSENT None } AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN. ABSENT: ABSTAIN: ATTESTED September 23, 2003 CONTACT: JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR41 CC: "C-Itt puty su Eider Justice Bili Review (S.333) The Elder Justice Act would provide federal resources to support State and community efforts on the front lines dedicated to fighting elder abuse with scarce resources and fragmented systems. It would assure adequate public-private infrastructure and resources to prevent, detect, treat, understand, intervene in and,where appropriate,prosecute elder abuse,neglect and exploitation. This bill offers the opportunity to create a national mandate for addressing adult protective services, collecting uniform data, and conducting valuable research and training in all the areas of practice impacting the well-being of vulnerable adults in our communities. Staff recommends that Contra Costa County endorse S. 333, the Elder Justice Act, and encourages Contra Costa County to advocate for other entities to endorse this act as well. Congress finds that: + The proportion of the population over 60 will dramatically increase. Abuse victims are 3.1 times more likely to die early than non-victims. • There is a dearth of data about the scope and nature of abuse. • Elder abuse is underreported and requires a multidisciplinary solution. • No federal law adequately and comprehensively addresses elder abuse and only limited resources are available to combat it. • There are significant disparities in State laws about elder abuse. • The Federal Government needs to address elder abuse in the same way it address child abuse and domestic violence. + The Federal Government should provide leadership by: o Promoting coordinated planning o Generating and sharing knowledge o Providing resources • The problem requires a comprehensive approach that: o Integrates health, legal and social service agencies o Emphasizes the need for prevention, reporting, investigation assessment, treatment, and prosecution at all levels of government. o Ensures there are sufficient numbers of trained personnel in place to provide needed services. o Is sensitive to ethnic and cultural diversity. o Recognizes the role of mental health, disability, dementia, substance abuse,medication mismanagement, and family dysfunction. • There are high human social and economic costs to abuse • Failure to address the issue threatens the future and well-being of millions of elders. • All elements of society share responsibility for responding to elder abuse. Poses of the Act The purposes of the act are as follows: • To bring a comprehensive,multidisciplinary approach to combating elder abuse. • To create an infrastructure on the Federal, State and local level to ensure that resources and information are available to those combating elder abuse. • To fund research and data collection. • To provide training to service providers. • To identify best practices. • To develop an effective adult fiduciary system. • To recognize and address factors contributing to an individual's vulnerability to abuse. • To create a short and long-term strategic plan for coordination of nationwide efforts. • To promote collaboration and diminish overlap and gaps. Main Features of the Act • Creation of Offices of Elder Justice in the Dept. of Health and Human Services and Dept. of Justice to serve programmatic,grant-making,policy and technical assistance functions relating to elder justice. • Creation of a public-private and a coordinating council to coordinate activities of all relevant federal agencies, States, and communities. • Provides a consistent funding stream and national coordination for Adult Protective Services. • Improves the quality, quantity, and accessibility of information with an Elder Justice.Resource Center and Library serving as a clearinghouse for consumers, researchers,policy makers,providers, clinicians, and regulators and law enforcement. • Creation of five Centers of Excellence linked to institutions of higher education for research, training, and granting opportunities. • Developing forensic and prosecution.capacity. • Developing"safe havens", victim assistance and support for at-risk elders. • Increasing security, collaboration and consumer information in long-term care, enhancing long-term care staffing, and promoting accountability through a new federal law to prosecute abuse and neglect in nursing homes. Benefits to California and local government • This bill strengthens the mandate for the prevention, investigation, treatment, and prosecution of elder abuse. • The bill improves and promotes uniform collection,maintenance, and dissemination of data. • California and local government would be able to seek funding for the prevention, detection, assessment, and treatment of, intervention in, investigation of, and prosecution of elder abuse, neglect, and exploitation.