Coon Rapids Case Highlights Elder Abuse Issue

Article by: DAVID CHANEN , Star Tribune
October 14, 2013

Daughter is accused of intentional deprivation under a new state law after her 87-year-old mother lay ill for a month before she died.
For at least a month, police say, Dawn Kulbeik’s elderly mother lay in bed suffering from pneumonia, dehydration, malnutrition and bed sores that were bone deep. Two days before Kulbeik finally called 911 for help, the 87-year-old woman had lost consciousness and stopped communicating.
Doris Ferrian died a couple of weeks later last October, of natural causes. Law enforcement authorities and social service agencies have spent significant time since then reviewing the case, leading ultimately to felony and gross misdemeanor neglect charges filed Monday against Kulbeik.
The Anoka County case is one of the first charged under a Minnesota law passed last year making it a felony if a caregiver intentionally deprives a vulnerable adult of necessary food, clothing and medical care and knows it could result in substantially or great bodily harm. The action closed a gap that frustrated county attorneys when such cases would result in little or no jail time or minimal fines.
The Hennepin County attorney’s office, which pushed for the change at the Legislature, has yet to charge anybody with it.
“How does the system handle somebody responsible for the care of a parent, who fails to make good decisions and may not understand the full nature of the care that is necessary?” asked Anoka County Attorney Tony Palumbo.
Kulbeik, 54, is developmentally challenged, according to authorities.
She and other relatives couldn’t be reached for comment Monday.
The gross misdemeanor charge Kulbeik faces is of intentionally neglecting a vulnerable adult. The only contact police have had with her was the day she called 911.
Ferrian was unconscious with a rapid pulse and breathing when paramedics arrived at Kulbeik’s apartment in Coon Rapids on Oct. 8, 2012, according to the criminal complaint filed Monday. She was septic because of the advanced stages of the bed sores. A social worker who saw her at Unity Hospital in Fridley made a maltreatment report with Anoka County, the complaint said.
At the Coon Rapids apartment, Ferrian’s granddaughter, the granddaughter’s husband and their child slept in one bedroom. Kulbeik and Ferrian occupied the other bedroom.
Kulbeik told police she had been the primary caregiver for a year before her mother’s death.
A month before she called 911, Kulbeik noticed that her mother hadn’t been walking much and that her appetite had decreased, according to the criminal complaint.
She knew that there was a problem with Ferrian’s decline and that it was getting to be too much for her to handle, the document said.
Kulbeik was unable to explain to police why she didn’t seek medical attention for her mother’s bed sores, according to the papers.
When police searched the apartment, they found biological fluids on Ferrian’s bedding that had seeped into the mattress, through the box spring and onto the floor.
Charges weren’t filed for a year because neglect cases are often difficult to investigate and several agencies reviewed the case, said Palumbo. The Anoka County Sheriff’s Office didn’t forward its case to the county attorney until March.
Kulbeik has been charged by summons and hasn’t made an initial court appearance.
SAFE Elders initiative
In June, Palumbo helped launch a statewide initiative to confront elder abuse with an arsenal of resources to educate people about the problem.
With nearly $50,000 in donations, the organization Minnesota SAFE Elders created a tool kit that includes such things as a video and free training materials, an app for first responders, and a “prosecutor’s trial notebook,” a collection of abuse cases that attorneys can use as a reference when developing their own cases.
While the Kulbeik case wasn’t a result of the SAFE Elders initiative, it highlights the issues the group is trying to address in the community, said Palumbo.
“The injuries to the victim were extremely severe,” he said. “We are obviously holding the defendant accountable for her failure to provide aid.”

SOURCE:      The Star Tribune
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Suffering In Silence: Neglected Elderly Woman's Death Shows How World Is Failing Its Seniors

By Associated Press,
October 17, 2013
SYDNEY

By the time the ambulance showed up to the house, the old woman’s screams were, as the paramedics would later tell it, already at a 10 out of 10.
On a bed in the foyer lay 88-year-old Cynthia Thoresen, her eyes screwed up in agony, her skin covered in feces, with a broken leg gone untended for weeks.
The fact that Cynthia even lived in the house was a surprise to the neighbors. None had seen her. None had any idea she’d spent her final days in hellish pain after a fall. None knew that her daughter and caretaker, Marguerite Thoresen, had waited at least three weeks, and up to three months, before calling for help.
In the end, Cynthia Thoresen joined a large and growing cohort of elderly people across the world who live, and increasingly die, in silence, left to fend for themselves against a problem society has barely begun to notice: Elder abuse.
This type of abuse, which often includes neglect, is still so hidden that it is hard to quantify. But the broad picture gleaned from hundreds of interviews and dozens of studies reviewed by The Associated Press is clear: Tens of millions of elders have become victims, trapped between governments and families, neither of which have figured out how to protect or provide for them.

Abridged

SOURCE:    The Washington Post
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Nursing Homes Residents' Rights, Ombudsman Program

Residents' Rights, Ombudsman Program
Oct. 07, 2013
Press release submitted by Alternatives for the Older Adult

Across the country, residents of nursing homes and other long term care facilities along with family member, ombudsmen, citizen advocates, facility staff and others will honor the individual rights of long- term care residents by celebrating Residents' Rights Month. Residents' Rights Month is an annual event held in October by the National Consumer Voice for Quality Long- term Care (The Consumer Voice) to celebrate and focus on awareness of dignity, respect and the value of long-term residents.

The theme for Residents' Rights Month 2013 is, "Speak Out Against Elder Abuse" with the goal of encouraging residents and others to be educated about and speak out again elder abuse.

"Residents' Rights Month is an excellent opportunity to re-affirm our collective commitment to residents'rights and to honor long-term care residents," said Sarah F. Wells, Consumer Voice Executive Director. "We want to help create a safe and secure environment for older adults and individuals with disabilities, no matter where they may happen to live. Whether it's the residents themselves or witnesses of elder abuse, there is no reason some should keep quiet and avoid taking action. We hope to facilitate and encourage ways for residents, their loved ones, or witnesses of elder abuse to use their voice and speak out against this serious issue."

The Nursing Home Reform Law, passed in 1987, guarantees nursing home residents their individual rights, including but not limited to: individualized care, respect, dignity, the right to visitation, the right to privacy, the right to complain and the right to make independent choices. Residents who have made their home in other types of facilities such as assisted living, supportive living or skilled nursing facilities maintain their rights as U.S. Citizens. Residents' Rights Month raises awareness about these rights and pays tribute to the unique contributions of long-term residents.

The National Long-Term Care Ombudsman Program has worked for more than 30 years to promote residents' rights daily. More than 8,000 volunteers and 1,000 paid staff are advocates for residents in all 50 states plus the District of Columbia, Guam and Puerto Rico. Authorized under the Older Americans Act and administered by the Administration on Aging, the program also provides information on how to find a facility, conducts community education sessions and supports residents, their families and the public with one-on-one consultations regarding long term care.

Alternatives for the Older Adult, a nonprofit which promotes the independence and quality of life of older adults and their families, recognizes the importance of residents' rights by providing the Ombudsman Program for ten counties in the state of Illinois including Rock Island, Mercer, Henry, Knox, LaSalle, McDonough, Putnam, Bureau, Warren and Henderson County.

Regional Ombudsman for Alternatives for the Older Adult Nancy Schold explains why the community should recognize the importance of Residents' Rights Month.

"Residents retain all of the rights they enjoyed while living in the community. As with every other citizen of Illinois, the rights of nursing home residents are guaranteed by the Constitutions of the United States and the State of Illinois. Residents retain the rights of free speech, practice of religion, freedom from unlawful search or seizure, and the right to vote. In addition, Residents gain the additional rights of safety and good care." Schold said.

For more information about Residents' Rights Month or the Ombudsman Program contact Alternatives for the Older Adult.

SOURCE:     QC Online
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Care Worker Arrested For Elder Abuse After Deceased Woman Found In Home

by Joseph Sumbi (Editor)
August 15, 2013
By Bay City News Service

Vallejo police arrested a health care provider Tuesday after the elderly woman she was caring for was found dead.

Ann Marie De la Houssaye, 37, of Vallejo, was arrested on suspicion of elder abuse and neglect and possession of a controlled substance, Lt. Sid DeJesus said.
Solano County Health and Social Services asked police to check on the welfare Tuesday of 78-year-old Rosie Dright at her home at 148 Florida St.
The Vallejo Fire Department also responded, and police found Dright's body in the home. She appeared to have been deceased for "a lengthy period of time," DeJesus said.
Health and Social Services officials identified De la Houssaye as Dright's care provider, DeJesus said.
She was booked in the Solano County jail.

The Solano County District Attorney's Office filed misdemeanor complaints Dec. 18 and June 13 against De la Houssaye, according to Solano County Superior Court records. She was scheduled to appear in court Oct. 7.

SOURCE:       The Benicia Patch
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Dismay Over Treatment of Some Elderly People in Scottish Hospitals

12 August 2013

IT was with some dismay I read Healthcare Improvement Scotland's audit of care of older people in acute hospitals.
While there was some good ¬practice which identified 25 areas of strength across eight inspections, there were 87 areas identified for improvement, including issues such as staff not always using appropriate and respectful language when referring to older people in hospital.

In three hospitals, inspection staff found a lack of meaningful stimulation and activity for patients and, across all hospitals inspected, staff were not completing food and fluid balance charts accurately or consistently.
This audit comes some five years after the Scottish Parliament cross-party group on Alzheimer's, which I chaired, produced a report with recommendations on how to improve the hospital experience of older people with dementia.
The report recognised that, by taking simple measures, we can save lives: minimising hospital moves, ensuring good hydration and nutrition and understanding the importance of exercise and stimulation.
We know that increased mortality rates, higher re admission rates and functional decline are associated with this vulnerable patient group.
The report should be operational in every health board. So why do we still read of so many system failures?
Previous inspection reports from the Care and Mental Welfare Commissions make for distressing reading. Despite a highly developed policy structure, reports containing damning information about the care and treatment of older people across all care settings are still being published.
The Dementia Carer Voices project regularly receives reports of less than satisfactory care that falls far short of what would be expected.
The central problem is that the gap between policy and implementation is widening to become a gulf.
The role, paid and unpaid, of caring for older people is undervalued. We pay the lowest wages with the worst conditions of service for those who look after our most vulnerable. We need to raise the profile and status of caring and pay appropriate wages. Besdies being the right thing to do, the economic argument around keeping people well in their own home supported by carers who receive proper allowances is incontrovertible.
As to institutional failures, it is time to get tough.
Frail older people are at risk but people with Alzheimer's and dementia are at particular risk due to their difficulties articulating how they are being treated. We rightly accept the importance of protecting children in our society. We have an independent Commissioner for Children and Young People to protect their rights and give them a voice. We have yet to place the same value on those with dementia and frail older people.
Sarah Rochira, the Independent Older Person's Commissioner in Wales, challenged the Health and Social Care Alliance annual conference to ask the question what constitutes abuse - lack of nutrition, hydration, inappropriate restraint, no outdoor activity, waiting for a bedpan -- and why there are so few prosecutions for elder abuse.

If we are not completing nutrition and hydration charts, how do we know how well someone has eaten across changes in staff shifts? When staff tell patients they'll be there in five minutes with a bedpan - and this becomes 20, is this acceptable?
There needs to be what might feel like an uncomfortable discussion about sanctions and prosecutions. It is a language many politicians and professionals don't like. Interestingly, it's a language with which the Welsh Commissioner seems comfortable .
A clear message about the ¬parameters of inappropriate and inadequate care and treatment of older people in Scotland is overdue. When does inadequate become criminal? How many prosecutions have taken place for elder abuse? We have no qualms about discussing these matters in regard to children so why are we so reticent to act on behalf of our older people?
There has to be independent accountability in the system to ensure that change happens. Maybe it is time for Scotland to look to the Welsh Commissioner's Office for a solution.

SOURCE:         The Herald, Scotland
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Nursing Home Report Card Lists States That Fail to Protect Elderly (USA)

August 10 2013

 A new report shows that some states are failing to protect the elderly from neglect or abuse. (CBS News)    (VIDEO)

SOURCE:       The Washington Post
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Mistreated Nursing Home Residents 'Better Off in a Concentration Camp' (Australia)

Lateline
By Margot O'Neill, staff
July 16, 2013
Traumatised relatives have raised shocking claims that their loved ones were left to die unnecessarily or in great pain because of a critical lack of staff and training in nursing homes.
The ABC's Lateline program has spoken to many people about their loved ones' experiences in nursing homes across Australia.
Their complaints include relatives being left in faeces and urine, rough treatment, poor nutrition, inadequate pain relief, verbal abuse, and untreated broken bones and infections.
And one woman has told the ABC that her grandmother, who survived Nazi concentration camps, believes her experiences in aged care are worse than her wartime ordeal.
Relative details litany of abuse, neglect by untrained staff
Jane Green's mother Margaret McEvoy, a former nurse and foster carer, died last year after spending time in a Victorian nursing home.
Ms Green says over-worked and under-trained staff were not giving medication properly and were leaving Ms McEvoy to wet herself because no-one was available to take her to the toilet.
Ms Green says her mother also complained of being constantly hungry, and suffering abuse by staff members.
"The staff member called her a spoilt brat and a princess and [said] that she always wanted to get her own way," Ms Green told Lateline.
"She became very shut down ... it was like seeing someone who had the stuffing knocked out of them.
"When I would leave on Friday nights, she would look at me and just say to me 'I'm all right', and I knew she was just trying to be brave."
Ms Green says her mother was in great pain, but staff believed she was simply attention-seeking.
"I witnessed mum screaming in front of them and they still did not see that as being pain," she told Lateline.
For five days, staff tried to make Ms McEvoy walk. In fact, she had an undiagnosed broken thigh bone, a raging infection, and severe dehydration.
Ms Green, who is also a nurse, had to fight to get her mother taken to hospital, where she was immediately put into palliative care. She died six weeks later.
Other families back up abuse claims at the same nursing home
Ms Green has since spoken to a former staff member and other families with relatives in the same nursing home.
They told her other elderly residents were also abused.
One incapacitated man had urine-soaked sheets thrown at him, while a woman was left crying out with abdominal pain. She later died with a gangrenous gall bladder.
Senator Jacinta Collins, Minister for Mental Health and Ageing, says the stories of mistreatment are very concerning.
"Concerns about shortages and workforce issues are very important matters as well," she told Lateline.
"They informed the Government's recent response, the legislation that went through to the Senate in the last sitting week, for living longer, living better, because we know we need to increase the training, we know we need to establish a more stable workforce in aged care, and we know that there are limited numbers of specialists.
"This is why the Labor government has a 10-year plan to improve the supply of services to meet the future demand. We've had shortages in aged care in Australia for way too long."

The shocking stories from the Victorian nursing home are not uncommon.
Mardi Walker's 91-year-old grandmother Paula Javurek was in a New South Wales nursing home that was supposed to deliver high care.
The nurse and health care lecturer was horrified when she found her grandmother with exposed raw ear cartilage due to lack of turning, and one of her arms immobilised after staff botched injections.
"They would just keep injecting into the same spot and she would scream. My mother said it was horrific, because she would scream," Ms Walker said.
Ms Javurek had survived Nazi concentration camps, and was tortured and raped after being captured during the war.
Her family told the nursing home only female staff should wash her because of residual trauma from wartime assaults.
But the family has since counted 70 times when male carers washed Ms Javurek, who tried to fight them off.
"I think she felt like she was almost probably back in wartime again. My mother often used to say... she would be better off being in a concentration camp than where she is," Ms Walker said.

After finding their grandmother shivering from cold and suffering undiagnosed pneumonia, Ms Javurek's family took her home. A week later, in February this year, she died.
Relative threatened with defamation for blowing the whistle
Most of the nursing homes concerned were fully accredited by the Federal Government.
Families say they saw little change after going through the Federal Aged Care Complaints Scheme. In fact, many say they experienced bullying and retribution by the nursing home when they did complain.
Ms Green was threatened with defamation for complaining about her mother's treatment to the Health Practitioner's Authority.
"It was frightening, you know, you have images of being sued," Ms Green said.
"It's stressful to persist and keep going but if I don't everything that happened to my mum will be dead and buried."
Aged care lecturer Maree Bernoth has been listening to families' stories for more than a decade.
"The stories are more heartbreaking and more incredible," she said.
"It's very difficult to listen to these stories and to not be angry and to not feel impotent because you can't do anything about it.
"Why is it that experiences of families who are telling us about older people dying in pain, older people dying malnourished and dehydrated, does not get the same response from the Australian public as cattle being shipped overseas?"

Abridged
SOURCE:      The ABC, AUSTRALIA

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Third Person Sentenced in Elder Abuse Case

By: WTAJ News
July 16, 2013

HOLLIDAYSBURG, BLAIR COUNTY

A Blair County woman who entered a guilty plea to neglect of a care-dependent person in March was sentenced to three years' probation Tuesday morning.

Majory Koch, 44, of Altoona was sentenced in Blair County Court of Common Pleas. Koch and two others were charged in September 2012 with neglecting an 80-year-old male resident of Warner's Home for the Aged.

In addition to probation, Koch must pay a $400 fine, additional costs, and is prohibited from working in a healthcare related field.

Koch's two co-defendants entered guilty pleas earlier this year and were sentenced to up to 24 months in the Blair County Prison.

SOURCE:        WeAreCentralPA
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New Chinese Law: Visit Your Parents

By Meng Meng and Katie Hunt, for CNN
July 3, 2013

Hong Kong (CNN)

Lola Wang, a 28-year-old marketing officer in Shanghai, makes a six-hour trip to Shandong province in eastern China to see her parents twice a year -- once during the Lunar New Year and again during the National Day holiday in October.
"I feel like I should visit my parents more but having a job in the financial industry means I have to work long hours and sacrifice some of my personal time for work," Wang, an only child, tells CNN.
Wang's dilemma is faced by many young people in China, where a one-child policy and three decades of economic reforms have accelerated the decline of the traditional extended family.
It's also a matter of concern for China's new leaders as they grapple with the burden of supporting the growing number of elderly people.
A new national law introduced this week requires the offspring of parents older than 60 to visit their parents "frequently" and make sure their financial and spiritual needs are met.
"People are accusing young people of not visiting their parents enough," says Wang, adding she agrees with the aims of the law.
"Admittedly, some of them use their career and long working hours as an excuse. My problems are that I do care about my parents, but I have little vacation and my parents live far away."

According to the state-run Xinhua news agency, China had about 185 million people above the age of 60 at the end of 2011. The figure is expected to surge to 221 million in 2015 and by 2050 a third of China's population will be classed as elderly.
Neglect
The "Law of Protection of Rights and Interests of the Aged" was amended by China's legislature in December after a spate of reports about elderly parents neglected by their children.
In one particularly horrific case in China's eastern Jiangsu province,a local television station reported that a farmer had kept his 100-year-old mother in a pigsty with a 440lb sow.
Chen Shoutian told the station his mother had been happy to live there: "She wants to stay here because she feels it is convenient," he said.
A modest pension and social welfare system, particularly in rural areas, means elderly people are usually dependent on their children for support.
More than a fifth live below the poverty line, according to figures from the National School of Development at Peking University.
Changing values
Although respect for the elderly is still deeply engrained in Chinese society, traditional values like filial piety have been weakened by the country's rush to modernity.
"The traditional family support system is eroding for many reasons and I think the government would like to slow this process down," said Albert Park, the director of the Emerging Markets Institute at the Hong Kong University of Science and Technology.

The law stipulates that children cannot give up their inheritance rights in attempt to evade their duty to take care of their parents. It adds that children should pay a monthly allowance to their parents if they refuse to take care of them.
The legislation also allows for the elderly to sue their children but does not specify the process or what penalties they might face.
It may also prove difficult to enforce, says Ding Yiyuan from Beijing Yingke Law Firm. He told the Guangzhou Daily newspaper the law fails to qualify the word "frequently." He added that few elderly people were likely to sue their own children.
First case
On Tuesday, XInhua reported that a 77-year-old woman from Jiangsu city of Wuxi sued her daughter for neglecting her. In the first case after the new law came into effect, the local court ruled that her daughter must visit her at least twice a month and provide financial support.
But the law's introduction has proved controversial. Some say it puts too much pressure on those who move away from home for work, study or other opportunities.
Cheng Zhegang, 50, whose only child is studying for a master's degree in the United States, said the law "distorts the parent-child relationship."
He hopes his daughter will head to a big city like Shanghai or Beijing to find a job on graduation and not return to the small town where she grew up.
"I don't want my daughter to have a burden both physically and spiritually," he told CNN.
"For me, my daughter's career is the most important thing. As the parent of an only child, I have spent so much time and money on my daughter's education and now I want her to be successful."

SOURCE:       CNN
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Prison Term in Elder Abuse Case (PA. USA)

By: Kevin Flanigan
June 20, 2013
HARRISBURG

An Altoona woman, who entered a guilty plea  in March to neglect of a care-dependent person, was sentenced on Thursday  to 30 days to 24 months, less one day, in the Blair County Prison.

The defendant,  Diana Frye, 63, 1104 14th Avenue, Altoona,  was originally charged with neglect of a care-dependent person in September, 2012. She was employed in 2011 as a caregiver at Warner's Home for the Aged, 1100 14th Avenue, Altoona.  Investigators say Frye and two co-defendants neglected an 80-year-old male resident of Warner's Home for the Aged, resulting in bodily injury to the man.

Frye let the man sit in his urine and feces during the night shift, according to investigators. The man developed wounds on his buttocks, hips, and lower legs due to the severe lack of care.  Frye was sentenced  by Blair County Court of Common Pleas President Judge Jolene Grubb Kopriva. In addition to her prison sentence, Frye was ordered to pay costs and a $500 fine.

Two co-defendants, Sherry Jo Warner, the former owner and operator of Warner's Home for the Aged, and Marjory Koch, a former aide at Warner's, have already pled guilty to charges pertaining to the neglect of this 80-year-old man.  Warner was sentenced to three months to two years, less one day, in the Blair County Prison. Koch is scheduled to be sentenced July 9, 2013.

SOURCE:    WeAreCentralPA

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Nurse Ordered to Trial for Felony Elder Abuse (CA. USA)

Nurse ordered to trial for felony elder abuse
The Associated Press
Nov. 28, 2012
PLACERVILLE, Calif.

The former head nurse at a California nursing home is facing trial for felony elderly abuse in the death of an Alzheimer's patient.
Investigators say 77-year-old Johnnie Esco was supposed to be constantly monitored by nurses at Placerville's El Dorado Care Center. But she died of fecal impaction in 2008 after 13 days in the nursing home.
The Sacramento Bee ( http://sacb.ee/TsuGI8) says a judge on Tuesday ordered trial for 58-year-old registered nurse Donna Darlene Palmer.
Prosecutors say neglect led to Esco's painful and unnecessary death.
Palmer was one of two nurses charged in the woman's death.
Prosecutors say 39-year-old Rebecca Smith agreed to plead no contest to felony elder abuse in exchange for a possible suspended jail sentence and her willingness to help prosecutors in the Palmer case.

SOURCE:      SACBEE
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Lawyer Urges Family and Friends to Watch for Signs of Nursing Home Neglect

Elder Abuse Lawyer Urges Family And Friends To Watch For Signs Of Nursing Home Neglect During Holiday Visits

Columbia, S.C. (PRWEB)
 November 23, 2012

With the holiday season underway, many people will visit family members in nursing homes in South Carolina, and Columbia nursing home abuse attorney Bert Louthian today called on those visitors to be on the lookout for any signs that their loved ones may be suffering abuse or neglect while residing in a long-term care facility.
“Visitors are the first and best line of defense that residents have against nursing home abuse,” Louthian said. “While you are on your holiday visit, it is a good idea to take a few moments to make sure that everything is going alright.”
Louthian is a partner in the Louthian Law Firm, a South Carolina firm that represents victims of nursing home abuse and neglect. He sometimes encounters situations where the abuse went undetected for extended periods of time.
“Unfortunately, abuse cases go unreported for a long time in some cases, especially when victims can’t speak out for themselves and don’t get a lot of visitors,” Louthian said.
To help fight abuse, Louthian urged family members and friends to be vigilant on every visit, including those that occur around the holidays. “We know people visit more at Thanksgiving and Christmas than any other time of year, and these visits are a good opportunity to look for signs of abuse or neglect,” he said.
Louthian stressed that visits are important not just around the holidays but also throughout the year.
The National Center on Elder Abuse estimates that between 1 and 2 million Americans aged 65 or older have been subjected to some type of abuse or mistreatment by caregivers. It lists a variety of abusive behaviors that nursing home residents sometimes experience.
 These include:
•    Physical abuse (improper use of force)
•    Neglect (failure to provide proper care)
•    Emotional or psychological abuse (rejection, belittling or isolation)
•    Verbal abuse (threats, yelling or verbal attacks)
•    Chemical restraint (unnecessary use of sedating drugs)
•    Financial exploitation (theft through coercion or force)
•    Sexual abuse (forced sexual behavior)
•    Abandonment.
Red flags that indicate potential signs of abuse include:
•    Bruising
•    Slap marks
•    Bedsores or pressure sores
•    Blisters
•    Cigarette burns
•    Poor hygiene
•    Filthy living environment
•    Dehydration or malnutrition
•    Depression, including withdrawal from normal activities or a lack of interest
•    Fearfulness
•    Unexpected changes in alertness or behavior
•    Bruising or redness in the genital area
•    Sexually transmitted diseases.

“If you see these signs of abuse, or if you have any reason to suspect that something is wrong, you should take action. It’s always better to be cautious and to ask questions if something seems amiss,” Louthian said.
Those who suspect elder abuse can report their concerns to Adult Protective Services, a division of the South Carolina Department of Social Services. Victims of elder abuse or their family members should also consider seeking assistance from a South Carolina nursing home abuse attorney, Louthian said

SOURCE:       PR WEB

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West Seattle Brothers Accused of Leaving Father to Rot

Submitted by Rose Egge, KOMO Communities Reporter
November 16th, 2012

Two West Seattle men are facing felony elder abuse charges for allegedly allowing their father to waste away so that they wouldn’t have to spend their future inheritance.
According to charging documents, Kenneth and Keith Shaw, both in their 50s, lived rent-free in their parents’ Alki home for 2 years while neglecting their father of any basic care. The 86-year-old man lost 43 pounds during that time because he wasn’t given enough food, court documents report.
Paramedics were called to the Shaw’s Alki home on Nov. 12, 2010 because a relative claimed the father had not been eating or drinking for a week and was drifting in and out of consciousness. When an EMT arrived at the home, she told police she smelled urine and feces in the father’s bedroom and saw the man sitting on the toilet wearing only a t-shirt and socks.
The EMT reported that “the socks looked like they had grown into his feet,” according to charging documents. One of the sons stated that he’d been wearing the same socks for a year. Doctors later found his feet were rotting inside them and left a bloody trail when he walked.
As she moved the father out of the home, the EMT told police he was in extreme pain, screaming “get me out of here.”
Once at Swedish Hospital, doctors diagnosed the elderly man with dehydration, sepsis, acute renal failure, acute hyperglycemia and altered mental status. He was admitted to the ICU and doctors predicted he would have both feet amputated if he survived.
The man died two weeks later after being released to Life Care Center of West Seattle. After performing an autopsy on the man, the medical examiner’s office claimed the conditions leading to his death included muscle atrophy and weight loss, pneumonia and cardiovascular disease. The medical examiner could not say whether the man had died from natural causes or neglect and malnutrition.
According to charging documents, the brothers refused to put their father in a nursing home because they didn't want to clean out his savings and be left with nothing when he died.
Keith Shaw asked police “Why should we clean out the accounts….I don’t have any retirement and Ken’s never worked….If we spend all the money on nursing homes he’ll (Ken) end up homeless, living under the viaduct.”
When asked by a community nurse consultant why he did not respond to his father’s obvious pain, Ken said “Pain is the signal that the body is healing itself.”
Court documents report the brothers were also caring for their mother, who reportedly suffered from dementia, in the Alki home. The woman died from a heart attack in February 2011. Keith reportedly told a community nurse consultant that he only gave his mother a mug or two of fluids each day so that he would not have to change her incontinent garments more often, increasing her cost of care.
The brothers have both been charged with second-degree criminal mistreatment and have not been jailed.

SOURCE:     WestSeattleKomoNews
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Elderly Protective Services Safety Net for the Abused, Incompetent (USA)

by Elaine Clément
Dennis Broussard, a former St. Martin Parish teacher, is based out of the Iberia Parish Sheriff’s Office.
New Iberia – If you were an elderly person, how would you like to be treated?

According to Dennis Broussard, director of Lafayette region Elderly Protective Services (EPS), this should be the primary question people ask themselves when they make a report or visit his offices.

Elderly Protective Services was created by the Louisiana legislature in 2008 as part of the Governor’s Office on Elderly Affairs. It has just been moved to the Office of Aging and Adult Services under the Department of Health and Hospitals. Its purpose is to investigate reports of abuse, advocate for a possible solution and work with law enforcement, medical personnel and various agencies to find a solution.

Broussard is clear that the purpose of his agency is to determine what is in the best interest of the client, the elderly person. What they are actually doing is advocating for the elderly as opposed to protecting, and the term “protective services” often causes confusion.

So what exactly is EPS? It is a social agency that investigates reports of neglect, abuse or exploitation and advocates for the elder person. There are seven offices in the state. The Lafayette regional office based in New Iberia covers 10 parishes, including Acadia, Assumption, Evangeline, Iberia, Lafayette, St. Landry, St. Martin, St. Mary, Terrebonne and Vermilion.

 He explained that the job of the EPS is to investigate reports of abuse and neglect and to advocate for the elderly. At this point, each case is different, but they try and find a way for the elderly person to live independently at home. They also determine the capacity of the person to live alone.

Sometimes it’s a question of putting them in touch with other agencies, such as the Council on Aging, to deliver meals if they are homebound or to give directions to where they could go have a meal.
The EPS is now run out of the Iberia Parish Sheriff’s Office.

For more information on the EPS or to make a report, visit their web site at goea.louisiana.gov or contact the New Iberia office at (337) 365-9855 or toll free at (800) 866-5044. To make a report on the state-wide level, call (800) 259-4990 toll free in state or (22) 342-9722 if out of the state.

 SOURCE:      TheTecheToday
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5 Charged with Elder Abuse, Animal Neglect (CA. USA)

July 17, 2012
 (UPI)

Members of a San Jose, Calif., family accused of elder abuse and animal neglect were arraigned in Santa Clara County Superior Court.

Bail was set at $500,000 for each defendant, who face a possible 18 years in prison if convicted on charges of dependent adult abuse and animal neglect in their unlicensed group home in an upscale neighborhood of the city, the San Jose Mercury News reported Monday.

San Jose police arrested the family members in May after discovering about a dozen elderly and mentally disabled men and women living in squalid conditions with 25 dogs. Some victims told investigators the caretakers regularly beat them, fed them poorly, stole their Social Security and disability benefits, and sometimes withheld medication.

Officials did not offer an explanation about the presence of the 25 dogs found during the arrests or the 21 other dogs discovered at the house about a month after the arrests, the Mercury News said.

"There's no evidence of carcasses," district attorney Charles Huang said. "The dogs have been removed and are now in good care."

 SOURCE:     UPI
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Adult Group Home Owner Found Guilty of Abuse (USA)

Martinsville adult group home owner found guilty of abuse

Richard Wagoner ran The Claye Corporation.

WDBJ Web Staff

May 7, 2012

A jury says the owner of an adult group home in Martinsville is guilty of abuse.

Richard Wagoner ran The Claye Corporation.  Investigators say in February 2011, one of the residents, Joseph Tuggle, was forced under a faucet with scalding hot water.

He was severely burned.  Tuggle died 10 days later from sepsis and pneumonia, that resulted from his burns.

A jury recommended Wagoner serve five years in jail.

He'll be sentenced in October.

MARTINSVILLE (May 7, 2012)

Attorney General Ken Cuccinelli announced today that Richard C. Wagoner, Jr., was found guilty of abuse and neglect of an incapacitated adult that resulted in death. A jury recommended that Wagoner be sentenced to five years' incarceration. Wagoner will be officially sentenced on October 18, 2012.

Wagoner owned and operated The Claye Corporation, a group home for adults in Martinsville.  The victim, Joseph Tuggle, 57, was an intellectually disabled adult suffering fromParkinson's disease, and received care in a group home operated by The Claye Corporation.

On February 8, 2011, after Mr. Tuggle suffered an episode of incontinence, direct care givers placed him in a bathtub while they cleaned the affected area of the house.  Mr. Tuggle was placed under a faucet running scalding water and suffered second- and third-degree burns on his legs, face, buttocks, and arm. Ten days later, Mr. Tuggle was found dead in his bed with scabbed burns. The medical examiner determined that Tuggle died from sepsis and pneumonia secondary to thermal injury. His death was ruled as a direct result of the injuries he sustained on February 8, 2011.

According to court testimony, Mr. Tuggle's care givers failed to call 911 or the victim's physician, instead claiming to have called the local hospital's emergency room. The care givers claimed to have received instructions to treat the burns with First Aid ointment. However, hospital policy does not allow personnel to give treatment information over the phone.

An investigation by the attorney general's Health Care Fraud and Elder Abuse section revealed that, following the burn incident, Tuggle's care givers had placed him in a van to transport him to the hospital. However, Wagoner ordered the van to return to the group home. Wagoner then examined Mr. Tuggle's injuries and decided to keep him at the group home instead of providing him with emergency medical treatment.

"Not only did Wagoner fail to properly prevent conditions in which an incapacitated and helpless patient could suffer from such abject neglect and abuse, he also explicitly and deliberately deprived Mr. Tuggle of the care he needed to survive these injuries," said Cuccinelli. "This kind of gruesome irresponsibility and depravity is despicable, and it's my hope that today's announcement will send a clear, stern message that this behavior simply will not be tolerated in Virginia."

The case was investigated by the Martinsville Police Department and the attorney general's Health Care Fraud and Elder Abuse Section.  The Elder Abuse section specializes in investigating allegations of abuse and neglect of incapacitated adults, employing both nurse investigators and criminal investigators to assist localities in determining the root cause of injuries and holding responsible persons accountable for their crimes. 

The case was prosecuted by Assistant Attorney General Kevin C. Nunnally, and Chief Prosecutor David W. Tooker, also from the attorney general's Health Care Fraud and Elder Abuse section.  The Martinsville commonwealth attorney's office provided guidance and assistance in the Wagoner prosecution.  

Copyright © 2012, WDBJ7-TV

 SOURCE:       WDBJ7
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Star Lake Woman Charged With Elder Abuse

May 3, 2012

A Star Lake woman has been charged with the alleged abuse and neglect of her elderly father.
St. Lawrence County sheriff deputies say 33 year old Mary McBroom allegedly abused and neglected her father, 94 year old Floyd McBroom.
After a home visit by the county's Adult Protective Services in late January and an evaluation by a local physician, the elder McBroom was taken to Clifton-Fine Hospital.
He was transferred to Upstate Medical University, where he was treated for three and a half weeks for the effects of the abuse and neglect.
Officials said he was suffering from 26 severe bed sores on his body.
Investigators said one of the sores was so deep that McBroom's artifical hip from a recent surgery could be seen.
"It definitely could have been prevented if she would have sought medical attention sooner. It would have all been avoided," said Detective Sergeant Tom Caringi of the St. Lawrence County Sheriff's Department.
Floyd McBroom was released from the hospital and moved in with another family member.
He died April 30, though police say his death was unrelated to the alleged abuse.
Mary McBroom was charged with endangering the welfare of a vulnerable elderly person, a felony.
She will answer the charge later this month in Fine town court.

 SOURCE:     WWNYTV

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McCoy Sentenced to 3 Years (USA)

McCoy sentenced to 3 years, Green walks with time served
April 25, 2012
By George Stahl/Special to the Sun

Joseph Daniel McCoy, 30, of Lake Isabella was sentenced to five years in Wasco State Prison in exchange for his no contest plea on the charge of causing harm or death to an elderly person or dependent adult.

As part of his no contest plea, he pled no contest to the charge of inflicting corporal injury to a spouse or cohabitant in a separate case which was pending against him when he was arrested on Feb. 17, for the neglect and subsequent death of his grandmother, 90-year-old Margaret Gray of Lake Isabella.
Green, 55. For her part in the neglect and abuse, Green also pled no contest. She was sentenced to one year in County Jail with theee years of probation. Green’s accumulated time served and days accredited for good behavior was over 344 days from the time of her arrest. Green was sentenced and released Friday.

At his last court appearance, McCoy threw somewhat of a monkey wrench into the proceedings by announcing that he wanted to withdraw his no contest pleas previously arranged.

Since his plea was contingent with Green’s plea in the case, both sentences were postponed until April 20. In the meantime, Public Defender, Janice Kim was relieved as McCoy’s attorney, and Bakersfield attorney, Brian McNamara was appointed to represent McCoy for the plea withdrawal request. On April 20, the motion to withdraw was denied and sentencing went on as agreed.

On Feb. 11, 2011 Darlene Green’s mother, Margaret Gray was found to be lying in her own feces, surrounded by flies, and dirty diapers in a dark room at the rear of her mobile home on 2313 Reeder Dr. in Lake Isabella. The CARE Ambulance paramedic who attended Gray said in his testimony at the preliminary hearing on July 20 that he had to bat away the flies as he tried to assist Gray, whose skin was fused with the sheets of her bed in such a way that pieces of skin fell away as he tried to move her. Also to testify at the hearing was Kern Valley Hospital Emergency Room Physcian, Dr. Manuel Sacapano. The former Emergency Room Supervisor said that this was the worst case of elder abuse he had ever seen. When Gray was brought in Sacapano said that he thought he was looking at a corpse. He said that this condition could not have happened over night. It had to take weeks, even months for Gray to deteriorate to this level. She had grade four ulcers on her back and bed soars over her body. “In 11 years, this is the worst case of elder abuse I have ever seen,” Sacapano said. A grade four ulcer not only penetrates the skin, but goes deep enough to expose the bone.

Green, who lived in Weldon at the time, said that she only occasionally saw her mother. McCoy had been her primary caregiver since he was 19 years old. Whenever Green would try to touch her mother, Gray reportedly told her to leave her alone. It was Gray’s other daughter, Barbara Mendez of Baldwin Park who, at the insistence of a house keeper Mendez hired in February, that called 911 after seeing what condition her mother was in. The 90 year old Gray died on April 1, 2011 while at Lifehouse, an elderly care unit with Bakersfield Family Medical Center.

SOURCE:       The KVSUN

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Alleged Elder Abuse Starts Investigation at Bremerton Nursing Home (WA. USA)

 Alleged elder abuse starts investigation at Bremerton nursing home
By KATE WHITTLE
Bremerton Patriot Staff Writer
April 19, 2012

 A worker at a local retirement community last week reported a fellow employee to police out of fear for resident safety, after allegedly witnessing physical abuse that included covering the mouths and noses of 90-year-olds to stop them from speaking.
A caregiver working at the Cascades of Bremerton Retirement Community, 3201 Pine Road NE, is on paid leave while the home investigates allegations that the worker was abusing elderly dementia patients.
According to records, Bremerton City Police responded April 13 to a report made by a Cascades employee that she’d observed her coworker being rough with patients. The reporting employee told police she would be going on vacation soon, and she wanted to come forward to protect the residents, according to the report.
The suspect worker’s alleged abuses include stepping on patients’ feet and placing a hand over their mouths and noses to quiet them.
“[The worker] will also push them in the forehead or neck with her index and middle finger,” according to the report.
The alleged victims named in the report are wheelchair-bound dementia patients, ages 91 and 94.
Sheryl Page, executive director at the Willows Retirement Living Community, said the allegations remain unproven.
"Our investigation was inconclusive," she said. "The allegations are just allegations, and it has been turned over to police."
The report said Cascades management have found no evidence so far to support the allegations, and neither of the alleged victims said they were assaulted or scared of the worker.
No other staff members reported seeing the abuse, the report also said.
The case has been referred to Washington State Attorney General Rob McKenna’s office, as state law requires. An attorney general spokesman said the office won’t confirm or deny investigations.
The Cascades of Bremerton campus includes the Willows Retirement Living Community and Ashley Gardens at Dyes Inlet assisted living facility.

 SOURCE:       Central Kitsap Reporter
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 VERMONT:   Elder Abuse Investigations On The Rise
By James Jardine
Staff Writer
4/18/2012

The State of Vermont has begun addressing complaints of poor performance against the agency responsible for investigating and resolving claims of exploitation and abuse against vulnerable adults, according to Dr. Susan Wehry, the Commissioner of the Dept. of Disabilities, Aging and Independent Living (DAIL).
Wehry stated in a recent interview that allegations contained in a recent lawsuit against the State have largely been addressed and resolved. The suit charged that Adult Protective Services (APS), part of the DAIL, failed to commence investigations within 48 hours of receiving complaints of elder abuse or exploitation, failed to complete investigations in a timely manner and failed to offer or arrange protective services when necessary.
According to the suit, "Hundreds of reports of abuse, neglect and exploitation wait for months before being investigated."
The suit, brought in Washington Superior Court against the Vermont Agency of Human Services by two individuals -- the Community of Vermont Elders and an organization named Disability Rights Vermont -- leveled the charges against the DAIL.
The Complaint, filed in December, 2011, led to a decision by Judge Michael Kurpersmith that dismissed the two individuals as parties to the complaint and dismissed a breach of contract claim contained in the suit. Judge Kupersmith will give Plaintiffs until May 7 to refile a mandamus claim because the original claim seeking an order failed to state a claim.
Ken Gordon, Director of the Area Agency on Aging in St. Johnsbury, said the allegations of an inadequate response by the State of Vermont represents a "long standing problem for many years with the APS." Gordon said the problem reflects an "inadequate commitment of resources," by the State that "crosses administrations."
According to Gordon, "the State has been pretty open that it has not followed its own guidelines." Gordon said that "with the economic downturn things got worse as state government was downsized." Saying his Agency "has been talking with the State for five years," about enforcement, Gordon said a year ago there were four investigators working for the State investigating elder abuse and there are now 12 investigators. "They've been able to clear up a lot of the backlog" Gordon noted, adding the increased number of investigators has made "responses more timely."

Doug Racine, is the Secretary of the Agency of Human services, which oversees DAIL, acknowledges there have been problems and says former Governor Jim Douglas left DAIL "in a mess." Racine stated the fact the State only had four investigators on the job when Racine took over was an example of how bad things had gotten.
Dr. Wehry states she believes that since the lawsuit was filed, the State has cleared up a backlog of 400 pending cases of elder abuse and exploitation that were unresolved, and the backlog has now been reduced to zero. She said a year or two ago, the APS did not even have the ability to track pending cases and could not check on the status of a case. New software programming has been installed to help manage case investigations.
Gordon says the investigation of abuse is not as cut and dry as a criminal investigation by the police, and it may take many months before an investigation is completed. One statistic cited by Gordon is that eight or nine out of ten cases of elder abuse involve a family member "or a person known to the victim." Because of theses factors, elder abuse cases are "hard to prosecute" and because family members are often involved in the abuse, "for every report of abuse that's made, there are 23 events not reported."
On occasion, caregivers may abuse an elderly person by diverting medicine away from the patient and abusing the diverted medication. In all of these areas of elder abuse, it is the state's duty to respond to allegations of abuse, investigate them and, if their is a problem, implement a plan to resolve the situations. Individuals found to have abused the elderly are put on an Adult Abuse Registry which is used by nursing homes and adult day services to avoid hiring employees assiociated with elder abuse.

 SOURCE:      The Orleans County Record

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