MICHIGAN’S ADULT ABUSE LAW: IS IT WORKING?

MICHIGAN’S ADULT ABUSE LAW: IS IT WORKING? MARY C. SENGSTOCK, PH.D., C.C.S. PROFESSOR OF SOCIOLOGY WAYNE STATE UNIVERSITY Presentation to Humanities Center Oct. 29, 2013

WHAT IS MICHIGAN’S LAW? • Mandatory Reporting … • Of Suspected Cases of Adult Abuse … • To Adult Protective Services Workers... • State Dept. of Human Services… • Required of All Professionals… • In Health & Social Services Fields

OBJECTIVE OF LAW • Identify Elderly & Other Vulnerable Adults … • Who May Be Victims of Abuse or Neglect: • Physical Abuse (Assaults) • Physical Neglect • Financial Abuse • Exploitation

STUDY OF MICHIGAN’S MANDATORY REPORTING LAW: FUNDED BY BLUE CROSS & BLUE SHIELD OF MICHIGAN FOUNDATION (2006-2008) • Evaluate Its Effectiveness • Uncover Any Difficulties With the Law • Recommend Possible Improvements … Suggest Changes

2 SOURCES OF DATA • Report of Governor’s Task Force • A Committee of Experts … • Report Submitted August 23, 2006 • Focus Group Interviews … • With APS Workers • Who Administer Policy & Receive Reports • And Mandated Reporters • Health, Social Service, Community Center, Police, Fire

WHAT THE STUDY FOUND:GOVERNORS’ TASK FORCE REPORT • Major Conclusions: • Need “Focal Point” (Single Agent, Approach) • Major Types Seen: Physical Abuse, Severe Physical Neglect • Major Types Ignored: Moderate Neglect, Self-Neglect, Financial Maltreatment • Need For More Attention to These Types • How Many Have Seen Report? • Available on Mich. Gov’t Web Site • Very Little Attention Paid to It

WHY ARE THESE AREAS NEGLECTED? • Who Are the Major Reporters? • Medical Personnel; Medical Social Workers • What Is Their Likelihood of Observing These Types of Abuse? • [Neglect] … Self-Neglect … Financial Maltreatment • What Is Their Likelihood of Even Observing the Symptoms of These Types of Abuse? • What Is Their Likelihood of Having Any Means of Assisting Victims of These Types of Abuse?

WHAT IS NEEDED TO RECOGNIZE THESE TYPES OF ABUSE/NEGLECT? • Neglect & Self-Neglect: • Access to Workers in Home Health Care Services • Community Center Workers; Police & Fire Dept. Workers • Financial Maltreatment: • Access to Financial Agencies (Banks, Credit Unions) • Workers in Community Centers, Police, Fire • Workers in These Agencies: • See Relatively Few Cases of Elder Abuse • Not Knowledgeable About Mandatory Reporting • Confused About Specific Reporting Requirements • Very Distrustful of APS Agency & Workers

DATA FROM FOCUS GROUP INTERVIEWS:PERSPECTIVES ON APS • General View (Health, Social Service Agencies): • APS Workers Try Hard But It’s Not Very Effective • APS Is Overworked & Understaffed • Reporting Rules Are Confusing • County in Which Abuse Occurred • Type of Facility (Home vs. Licensed Care Facility) • They Could Get Things Done for Free But They Won’t (e.g., Take Guardianship Cases to Court) • Community Workers (Senior Center, Police, Fire): • “It’s a Waste of Time – Like CPS – Big Waste of Gov’t Money” • Can’t Depend On Them to Do Anything • “I Just Called Our Agency Lawyer & Got It Done.”

OVERWORKED? APS STAFFING LOSSES • 1998 – 649 2003 – 368 • 1999 – 531 2004 – 353 • 2000 – 541 2005 – 353 • 2001 – 538 2006 – 328 • 2002 – 540 2007 – 328 • 2011: 1st Adult Services Staffing Increase in 12 Years (384)  None to APS! • 30% Increase in Caseload since 2000 • 100 APS Workers Handle 16,000 Referrals/Yr • New Population: Little Old Ladies  Drug Addicts • Political: Give Them New Computers!

CONSEQUENCES OF INADEQUATE STAFFING • Fewer APS Workers to Handle Cases • Longer Time for APS Responses to Reports & Inquiries • Many Workers Forced to Handle Larger Case Loads • Fill in For Released Workers or Those On Leave • Necessarily Fewer Cases Will Be Substantiated! • Fewer Training Programs Can Be Conducted • APS: We Need Training re Determining Mental Incompetence • Mandated Reporters: Need Training re APS Rules, Authority • ALL NEED OPPORTUNITIES TO NETWORK!

LACK OF SUPPORT FROM OTHER GOVERNMENT AGENCIES: COURTS • EX: Guardianship Requests • APS Has NO Easy Tie To the Courts (APS Pays Court Fees & Has the Same Waiting Time As Other Agencies) • Meeting With Chief Judge of County Court Re Waiting Time • Agreed APS Guardianship Cases Would Receive Priority • Agreement Never Transmitted to Workers Handling Court Docket  Delays Continued

LACK OF SUPPORT FROM OTHER GOVERNMENT AGENCIES: GUARDIANSHIP • Complaint of Medical Workers: “APS Won’t Go to Court to Assign Guardians – Even Though They Do It Free.” (False) • APS Pays Normal Court Fees & Same Assignment Priority • General Recognition: Guardians Are NOT Responsible: • Guardianship Agencies; Attorneys As Assigned Guardians – Often Judges Prefer – Because They Know Court Routine • Senior Center: Guardians Misusing Funds  Court Case • All Wards Placed in Same Nursing Home, Miles from Family • One Trip Allows Guardian to Sign for All, Never See Patient • Message on Atty Cell Phone: “This Is Atty Jones: Re My Clients: You Have My Permission for Any Medical Tests”

LACK OF SUPPORT FROM GOVERNMENT AGENCIES: ADMINISTRATION • Widely Recognized Need: Registry of Repeat Offenders – Similar to Registry for Offenders With Children • Comment from APS Worker: “We’ll Never Get A Registry – It’s Too Expensive to Maintain” • State Human Services Official: “I Don’t Have Time for APS. I Never Do.” • Control of Policy in Legislature, Administration – APS Workers Have No Control

IMPROVEMENTS GONE WRONG: EXPECTED HELP FROM A LEGAL AGENCY • Extended Effort to Obtain Legal Help With APS Cases • Finally Reached Agreement with a Legal Aid Agency • Initial Meeting With Attorney Assigned to Work With APS • His Announcement: “I Could Get Really Excited About This Project If It Involved Children. Children Are My 1st Priority. Adults Are Way Down There.” • Effort Went Nowhere • APS Complaint: Courts, Attorneys Have NO Respect for APS Professional Skills

GENERAL LACK OF INTEREST IN ADULT ISSUES • Adult Victims Not a Priority for Anyone • Attorney: “I’d Be Interested If It Involved Children.” • Agency Official: “I Have No Time for APS.” • Rules Allow Emergency Change of Residence for Children – Not for Abused Adults • CPS Has a Standard Form for Reporting – Not Available for APS • Registry Exists for Abusers of Children – No Concern for a Registry for Abusers of Adults • General Agreement Among ALL Agencies – APS, Health, Social Services, Senior Centers: • “If [APS Cases] Were Children, a Lot of People Would Pay Attention. Where It’s Adults, People Shrug & Say They Should Take Care of Themselves.”

SPECIAL PROBLEM: IDENTIFYING, MANAGING FINANCIAL MALTREATMENT • Who Is In a Position to Observe Financial Maltreatment? • Rarely Seen By Medical, Social Services Personnel • Often Seen By Senior Center & Police & Fire Personnel • Problem: Most Frequent Observers of Financial Abuse … • Are Those Who Have Very Little Faith in APS … • Are Not Likely to Report Abuse to APS • Need To Enlist A Wider Variety of Mandated Reporters • Community Center Workers – Police/Fire – Bankers – Lawyers

ANOTHER SPECIAL PROBLEM: IDENTIFYING SELF NEGLECT • Medical & Personnel (Most Common Reporters) Not Likely to Observe Self-Neglecters • Failure to Seek Assistance Is One Aspect of Self-Neglect • Need to Recruit Workers Likely to Observe Such People: • Community Workers • Attornies • Bankers

CONCLUSION: MICHIGAN APS IS IN TROUBLE • APS is Understaffed & Overworked • Many Mandated Reporters Have No Faith in the System • Those Who Do Believe in the System Are Aware of its Numerous Problems … • Know There Is Little Support for APS In Important Circles: • Human Services’ Own Executives • Courts & Legal Agencies • Michigan’s Financial Status Makes It Unlikely That Greater Resources Will Be Available for APS Any Time Soon

WHAT NEEDS TO BE DONE? ...WHAT CAN BE DONE? • APS Workers – & Mandated Reporters: • Need More Training (APS Guidelines; Mental Competency, Guardianships), Networking Opportunities • APS DESPERATELY NEEDS MORE SUPPORT … • From Higher Administration … Legislature … Courts … Legal System • Vulnerable Adults Are Entitled to More Attention By the Agencies Assigned to Assist Them!

MICHIGAN’S ADULT ABUSE LAW: IS IT WORKING?