Protective Services for Elders at Risk of Abuse or Harm

Summary

HESSCO Elder Services is the local agency designated by the Executive Office of Elder Affairs to receive reports, investigate and work with persons over 60 who may be the victim of physical abuse, emotional abuse, sexual abuse, neglect, self-neglect or financial exploitation. Elders who live in private homes, elder housing, or assisted living facilities, who are victimized by someone with whom they have an ongoing personal relationship, are eligible for assistance from protective services.

Reports of suspected abuse can be filed by contacting HESSCO Elder Services from 9 a.m. until 5 p.m., Monday through Friday. During non-business hours and holidays, reports can be filed with the Elder Abuse Hotline at (800) 922-2275. The identity of a reporter is never disclosed unless the case is referred to the District Attorney for criminal prosecution.

Cost of service to client

Free

Volunteer opportunities

None.

About Protective Services

In 1983, the Elder Abuse Reporter Act was passed into Massachusetts General Law. This mandated a large group of professionals to report elder abuse. The determining factor that should be considered by professionals who are inclined to report suspected abuse is whether or not there is reasonable cause to believe that abuse has occurred.

Reasonable cause to believe is defined as: a basis for judgment that rests on specific facts, either directly observed or obtained from reliable sources, which support the belief that a particular event took place or a particular condition probably exists.

Once a report is received and determined to be appropriate for the Protective Services Program, an investigation is started. The role of Protected Services is client-focused and therefore involves the client during all phases of involvement. Protective Services caseworkers will meet with clients in their home, or in another safe environment, to discuss the allegations and create a plan for investigation. When a client is agreeable to an investigation, the caseworker will conduct the investigation through interviews with others over the course of 30 days.

When the investigation is completed, and if the allegations are confirmed, the Protective Services Caseworker will work with the client to implement services that will alleviate abuse, neglect, or financial exploitation. Some such services include legal assistance, counseling, protective orders, safety planning, restraining orders, home care services, transportation services, temporary shelter, home delivered meals, and personal emergency response systems.

Frequently asked questions

Q: Will anyone know that I called Protective Services?

A: The identity of the reporter, the person who alerts Protective Services to a possible abusive situation, is not disclosed to anyone during the course of the investigation or casework. However, if serious physical abuse, neglect, or financial exploitation is uncovered, the situation will be reported to the District Attorney for criminal investigation. When a case is referred to the District Attorney for investigation, the name of the reporter is disclosed.

Q: What if a victim does not want help?

A: The Elder Protective System in Massachusetts is based on the Theory of Adult Protection. This theory states that any person over the age of 60 who has the ability to make decisions for themselves maintains the right to refuse any and all aspects of protective services offered to them. This, however, should not deter people from calling Protective Services if there is reasonable cause to believe that abuse may be occurring.

Q: Who will know that I am working with Protective Services?

A: No one is informed of Protective Services’ involvement, unless a client consents to contact with that specific individual. Protective Services caseworkers do work in accordance with ethical guidelines for social workers. Therefore, some exceptions to this rule exist. The current limits to confidentiality are:

• • If we uncover possible abuse of another elder, child or disabled person, we are required to file reports with the appropriate state agency.
• • If we believe that a client is at serious risk and does not understand those risks, we may petition the court for permission to provide services.
• • If serious abuse is uncovered, we are mandated to report such findings to the District Attorney.
• • If a client, or another individual, makes threats to harm themselves or others, we must notify potential victims and the local police department.

Q: What gives HESSCO the authority to conduct investigations?

A: HESSCO Elder Services, like other Elder Protective Service agencies in the state, is governed by Massachusetts General Law 19A and is overseen by the Executive Office of Elder Affairs.

Q: What can be done to help a victim of abuse?

A: After conducting a thorough investigation, a service plan is developed with a client. Services that can be offered include, but are not limited to: legal assistance, counseling, protective orders, safety planning, restraining orders, home care services, transportation services, temporary shelter, and money management.

Client snapshot

Mrs. Jenks was a 79-year-old woman who lived in her private home. Mrs. Jenks had been widowed for several years. Her son, William, had returned to live with her three years ago, after being divorced. During the three years that William lived with Mrs. Jenks, he was angry and full of rage. William would yell at his mother, calling her names and swearing at her. His behavior escalated when he would drink, which he did quite frequently.

When Mrs. Jenks would defend herself and try to stop William’s behavior, he would retreat to his room, not leaving his room or speaking to Mrs. Jenks for days. When Mrs. Jenks would return to her home after shopping or socialization, she would find important items of hers broken. William would frequently cause Mrs. Jenks pain by destroying her belongings. One of Mrs. Jenks’ most difficult experiences was when William killed her cat.

Mrs. Jenks confided in a VNA social worker one day, expressing great upset that her children would no longer allow her grandchildren to visit her due to William’s behavior. The VNA social worker reported Mrs. Jenks to Protective Services. Mrs. Jenks was receptive to assistance and allowed her caseworker to conduct an investigation and assist her in obtaining a restraining order.

Mrs. Jenks continued to work with Protective Services for several months to develop safety plans and other resources which would ensure her safety and provide support in coping with the effects William’s behavior had on her. When Mrs. Jenks’ case with Protective Services closed after four months of casework, Mrs. Jenks had a counselor, restraining order, routine police patrols in her neighborhood, and most important to her, re-established visits with her grandchildren.

Other helpful information

Disabled Persons Protection Commission DPPC investigates abuse in group homes run by the Department of Mental Health and the Department of Mental Retardation, in addition to investigating abuse of disabled persons under the age of 60 in the community.

http://www.mass.gov/dppc

Riverside Community Care

Riverside Community Care provides a full range of services for adults and elders with mental illness, substance abuse issues, mental retardation, and traumatic head injury. This organization has a 24-hour crisis team that can respond to mental health emergencies and provides outpatient treatment at its centers in Norwood and Dedham. In addition, its Riverside Care Management program provides the range of care management services for adults and elders with mental illness, mental retardation and traumatic head injury.

http://www.riversidecc.org/mentalhealth.html

Jane Doe, Inc. A Massachusetts organization created to respond to the needs or victims of domestic violence. Provides resources and many web links to domestic violence programs.

http://www.janedoe.org