effective court practice for abused elders deana piazza, senior research analyst center for...
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Effective Court Practice for Abused
EldersDeana Piazza, Senior Research Analyst
Center for Families, Children & the Courts
Association for Criminal Justice Research (California) Conference, Long Beach
October 17, 2008
Study Overview• Two-year research project
funded by Archstone Foundation
• Profiles of four study courts
• Statewide survey on court response to elder abuse
• Court curriculum
Introduction to Elder Abuse in
the Courts
Judicial Involvement in Elder Abuse Matters
• Criminal Cases• Civil Fraud and
Conversion• Domestic Violence• Personal Injury• Unlawful Detainer• Lawsuits Against
Facilities• Adult Adoptions• Probate
• Mental Health Commitment
• APS Initiated Proceedings
• Domestic Relations• Cases Regarding Health
Care Decisions For Incapacitated Person
• Civil Harassment• Conservatorship
Limited Administrative Data on Elder Abuse in Courts
• Elder abuse restraining order petitions increased 59% between 2001-02 and 2005-06
• Conservatorships under court’s control increased 15% between 2002 and 2006
File Review: Characteristics of Elderly Litigants
• Mostly female (2/3 to 3/4)• More than half 80+ years old• Most likely to be living in own
home• More likely to be living with others
than living alone
• More than 3/4 of cases had outside agency involvement
• Physical disabilities, memory loss, cognitive impairment
File Review: Description of Abuse
• Types of abuse:• Many cases involved more than
one type of abuse• Financial abuse most common in
conservatorships; Emotional abuse most common in restraining orders
• Alleged abusers:• Mostly family members (esp. adult
children)• More likely to be male
Court Responses to Elder Abuse
Specialty Courts & Calendars
• Consolidation: Elder abuse comes to court in multiple case types
• Coordination with service providers: Victims & abusers often have health & social problems related to abuse
• Judicial monitoring: Many abusers are family members & victims want to maintain contact
Specialty Courts & Calendars
• 16% of courts had specialized/consolidated calendars exclusively for EA
• Primarily for restraining order cases
Alameda County Elder Protection Court
• Collaboration with system partners (APS, DA, victim/witness, Legal Assistance for Seniors); Elder Access Committee
• Case manager• Service referrals; assistance with
court documents; background checks
Alameda County Elder Protection Court
• Identification and tracking of cases across departments
• Late morning calendar to accommodate fluctuations in capacity
• Direct calendaring
Florida Elder Justice Centers
• Dedicated court facility with co-location of agencies serving elders• Coordination of service referrals
• Availability of enhanced communication devices and large-font pleadings
• Public education and outreach
Other Calendaring Practices
• Ventura County• Pro per conservatorship calendar;
volunteer attorneys available to provide courtroom assistance
• Elder abuse cases filed under PC 368 heard in Family Violence Court
• San Francisco County: EAROs heard on DV calendar, elder cases called first
• Orange County: One judicial officer hears all EAROs, elder cases called first
Crafting Orders & Sentencing
• Protect abused person & other individuals• Protect assets• Maintain independence• Maintain relationship between victim &
abuser• Link parties to appropriate services• Make victim whole (restitution, return of
property)• Monitor compliance
50%
46%
41%
36%
29%
25%
5%
29%
Restitution/ returnof prop.
Batterers'intervention
Substance abusetx
Mental health tx
Supervisedvisitation
Specializedvisitation schedule
Respite care
No specialprovisions
30%
20%
18%
32%
57%Review hearings
Monitorcompliance
(probation/ ROs)
Monitorrestitution
Monitor temp.orders
No monitoring/follow-up
Services & Accommodations
• Physical accommodations (e.g., assistive listening devices)
• Flexible scheduling to accommodate fluctuations in capacity
• Expedite elder abuse cases on calendar• Hearings in alternate settings; closing
courtroom to public• Testimony & cross-examination via
videotape/CCTV• May also encompass self-help services
84%
75%
68%
41%
36%
32%
23%
11%
Assistive listening
Interpretation
Telephonicappearances
Expedite cases oncalendar
Allow for frequentbreaks
Expedite TROprocess
Flexible scheduling
No specialaccommodations
Services & Accommodations
• Alameda County EPC: Mid-morning calendar, telephonic appearances
• Ventura County • Probate judge steps down from bench,
shakes hands, uses plain language• Planning to expand self-help to elder
law (L.A. also has elder law clinic)
• Stetson University College of Law’s Eleazer Courtroom
Community Partnerships
• Multidisciplinary teams: Better case coordination, investigation, evidence collection• Direct court participation or
court support
• Task forces and coordinating councils
Community Partnerships
• Half of courts not involved in any partnerships related to elder abuse
• One in five involved in community education and outreach or participate on MDTs
• Common referrals: Public guardian, legal services, DV shelters or programs• Courts more likely to make than receive
referrals
Community Partnerships
• Alameda County EPC highly dependent on network of agencies & service providers• Elder Access Committee examines
systemic issues
• Ventura County • Court spearheaded development of
Elder Law Coordinating Council• Court staff participate on Financial
Abuse Specialist Team
Volunteer & Pro Bono Programs
• Scarce resources combined with need for specialized knowledge
• Orange County Model Program for Unbefriended Elderly
• Ventura County volunteer auditor program
• San Francisco County: Conservatorship classes for non-professionals taught by PFAC volunteers
• Recommendation for court ombudsman program
Training• Identification/recognition
of elder abuse cases
• Ways to effectively respond to elder abuse cases
• Beneficial to court staff as well as judicial officers
Common Training Needs
Judges• State laws
concerning EA (46%)
• Capacity issues (30%)
• Community resources (29%)
• Crafting orders (29%)
Court Staff• Communicating
w/ individuals w/ capacity issues (57%)
• Types of cases involving EA (55%)
• Case management & procedural innovations (43%)
Other Key Training Topics
• Dynamics of elder abuse and family violence
• Physiological and social aspects of aging
• Undue influence
• Adult Protective Services
