Term Paper Assignment rough draft by Saturday at 5pm Advocacy Paper Topic: Elder Abuse Please read through and make sure you fully understand before you send me a proposal. Thanks.

Running head: ELDERLY ABUSE Bailey 1

LEHMAN COLLEGE

SWK 342: SOCIAL POLICY TERM PAPER

Name: Kellian Bailey

Professor: Evelyn Laureano

Topic: Elder Abuse

Draft Due Date: November 1, 2020

Introduction of the Topic

The purpose of this paper is to address Elder Abuse with a focus on the Older Americans Act (OAA) as one of the policies affecting the elderly people in New York. The reason why this topic interests me is that I work as a home health aide and the harsh treatment I see the elders are faced with. Elder Abuse is a topic of interest to me and to the society for some reasons. First the number of elders who face abuse in America is very high. According to the Administration Community of Living (n.d), approximately 10% of adults aged 60 and above have faced physical abuse, financial abuse, or neglect. Due to financial exploitation, older Americans’ annual financial loss is estimated at $2.9B (Administration Community Living, n.d). More heartbreaking is that this translates to a complete loss of their savings they made through many years of hard work and struggle.

Second, elderly abuse is a very serious, worrying, and critical issue in public health. Working closely with the elderly, most of them are identified to be survivors of abuse. They report very high rates of issues of depression. They are characterized by self-blame and withdrawal from social interactions. The rate of hospitalization as well as institutionalization for elders is extremely high (Administration Community Living, 2018). This indicates extremely high expenses in the American healthcare system. It is only until the issue is addressed and curbed that the elders will be comfortable and the burdened healthcare system relieved. Therefore, elder abuse is a public issue in America, affecting all citizens, including myself. In regards to this, report discusses the issues the Old Americans Act (1965) OAA needs to address for the issue to be solved. It also addresses the lack of mandatory reporting laws in the New York when all other 49 states have the law to protect the elderly

The Issues that the Social Policy Addresses: Mandatory Reporting Laws

Social welfare policies, nationwide, are perceived as instruments through which social protection as well as redistribution is offered.

On the lower side, these policies are meant to protect society members like the elders who are exposed to or are prone to certain conditions that limit their well-being. More generally, in an ambitious way, social welfare policies’ major objective is to enhance the welfare and well-being of a given group of a population like the aged, the orphans, a given gender, or any other disadvantaged group whose social welfare and well-being are affected in one way or another (Cox, 2015). The elderly, in their different settings, are the most vulnerable group whose social well-being, service delivery, and access to social services are impacted negatively by their family members, caregivers, heath care doctors, or even friend. Social welfare policies are an effective means by which the significance of humanity can be displayed irrespective of circumstances (Cox, 2015). The policies aim to better the living standard of the aging group and provide them with the basic needs in a more effective manner. According to Cox (2015), the policies outline the aging group’s value and support them in accessing social services that they need for sustainability.

OAA, passed 1965 by Congress, is a reaction to various matters presented by policymakers about the unavailability of social services and facilities to cater to older people’s needs. The initial legislation provided authority and power for grants to the country states for the purpose of funding community plans, related projects like research, provision of social services, and staff training about aging (Administration by Community Living, n.d). Through the policy, the Administration on Aging's (AOA) solid aim of the establishment was to provide room for the efficient administration of the grant programs. AOA was also meant to be a central focus of the federal on matters pertaining to the aged (Administration on Community Living, n.d).

Mandatory Laws in the New York State

The lack of Mandatory reporting laws in New York is a huge contributing factor to elderly abuse, a condition that is now affecting the well-being of older adults in the country. Mandatory reporting of any case of elder abuse is a heated topic that globally, draws several people’s attention; policymakers, social workers, and the medical practitioners (NYC Elder Abuse Center, 2015). Unfortunately, New York is among the various states that have not passed the law. New York, as a result, does not mandate the reporting of any suspected cases of elder abuse and neglect in their domestic settings. Although the state makes it a requirement that the Adult Protective Services (APS) workers provide reports about any suspected abuse to law enforcers, the state does not have any law to mandate the reporting of such cases by other lay persons and different professionals (NYC Elder Abuse Center, 2015).

Apart from individuals working in APS, other individuals cannot report abuse issues, neither can the law enforcing group investigate the reported cases. This implies that the New York APS are only mandated to make reports but the law enforcement is not obliged to follow up and investigate any of these reports. In the state conversation context about this issue, the requirement does not in any way confer to the mandatory reporting state status upon New York. Apart from APS, some residential healthcare provider facilities have been mandated to take part in mandatory reporting of suspicious cases of elderly abuse. As long as this continues to be, elderly abuse will escalate beyond control and the victims will face many problems.

Professionals concerned with elder abuse and others from within and outside of the New York opine differently about the value of passing this law, Mandatory reporting as well as its efficacy. For reasons, victims of abuse are individuals who never seek help. These include isolation, lack of capabilities to advocate for their own for safety, and the fear of retribution. Additionally, they may fail to recognize and understand how severe and risky it is for the dangers that exist in their situations; these dangers could originate from the effects of ambivalence, long lasting trauma, and/or diminished capacity (NYC Elder Abuse Center, 2015).

Since Mandatory reporting laws are purposely designed to serve as a life-saving process, their absence in New York makes healing for the elderly abuse victims difficult and the potential of succeeding in any interventions sought will never occur. Because of the lack of Mandatory reporting laws, elderly abuse continues to present several consequences to victims both directly and indirectly.

Consequences of Lack of Mandatory Laws

Elderly abuse has both direct and indirect consequences to victims, the community, and the state. Among the consequences of lack of Mandatory laws in New York, if not solved include continued suffering among the elders in America. The most common types of abuses they will continue facing include physical abuse, psychological abuse, sexual abuse, financial abuse, and neglect (Administration for Community Living, n.d). Another group of people that will be affected are citizens in general. The lack of Mandatory law is a barrier to them; it will cause them to suffer psychologically witnessing the suffering of the elders and they cannot do anything about it. The healthcare system is greatly impacted too. The increased cases of elderly abuse will require that strain is placed on healthcare resources, using billions of money to treat the resulting physical and psychological health conditions caused by elderly abuse, justified as follows (NYC Elder Abuse Center, 2015).

In the past decade, the number of people aged 65 and above has risen by 35% since 2018. This is projected to rise further to 94.7 million come 2060. Just between 2008 and 2018, as the Administration for Community Living (2020) notes further, individuals between 45 and 64 years increased in number by 7%, raising the figure from 78.6 to 83.9 million. In 2018, a total of 52.4 men and women were above 65 years, women leading with 29.1 million (Administration for Community Living, 2019). Given that 10% of the elders above 60 years area abused and the percentage is projected to increase, the healthcare system is affected most.

Currently, as the Administration for Community Living estimates, $5.3B are annually spend on New York’s healthcare system. The World Health Organization (2020), on the other hand, estimates that by 2050, people of 60 years and above population will be double from the 2015’s 900 million to 2 billion across the world. If elderly abuse increases, it will then imply that victims will double in number as well. This means the healthcare systems will have to deal with more other victim patients, thus, more expenses added.

The Role of Ageism

Considering the role that ageism plays within the society, the country cannot afford to lose them to trauma or even death. Ageism, as Donizzetti (2019) describes, is an act of discrimination on an age basis (New York City Department for the Aging, 2019). Ageism is an issue that exists in most if not all cultures. Stereotypic ageist biases and negative attitudes reduce the older people to inferior and limited positions in society and its severity varies. It reflects in assisted living facilities or in healthcare not only in the workplace, but ageism can also have severe on the elderly discriminative effects (Open Society Institute, n.d). Despite the various elderly abuses that victims face, ageism has a significant role in communities. As Donizzetti (2019) points out, ageism promotes gerontocracy in societies. The elderly hold power and can influence several. This bestows them respect as they possess significant knowledge. Also, aging in society as a result of demographic changes create the necessity of confronting people’s biases against the elders. To stop biases, ageism ensures that awareness programs about ageism are launched (Yunus, Hairi, & Choo, 2019). A change in people’s attitudes and perceptions of the elderly results in positive self-perception by the elderly. This improves elderly well-being and promotes good relationships.

Opposing Perspectives Regarding Mandatory Reporting Laws

The progression of the development of elder abuse has taken long in New York because of various perceived oppositions from different groups.

While the main objective of Mandatory reporting laws is to enhance response to the problem of elderly abuse by every state, some professional groups argue that the laws will bring with it serious barriers (NYC Elder Abuse Center, 2015). Skeptics want the state, instead of adopting Mandatory reporting laws like other states have done, to go for a person centered response to the issue of elderly abuse. Some of the reasons for this, as the NYC Elder Abuse Center (2015) explain are:

The person-centered approach relies so much on professional knowledge for detection, evaluation, response, prevention, and intervention. However, Mandatory reporting laws only consider procedural solutions or changes and do not provide funds for professional training.
The approach promotes awareness to both the public and individuals in different professional fields. Through it, therefore, elder abuse can be effectively identified and support provided for prevention.
Mandatory reporting laws can cause bad consequences. For elders who make decisions for themselves regarding confronting risks, the laws are more of a paternalistic approach to aide. At the time the elders are 60, for example, another individual is permitted to report this will spur an investigation. Where this is not welcomed by the elder, trusted relationships may be destroyed. This could make the elder not to disclose abuse related issues.

The Social Policy and Programs

Based on research, Mandatory reporting laws, although they exist in 49 other states, none exists in New York mainly because of opposing perspectives from the skeptical group regarding the laws. However, in response to these perspectives, a common ground can be established, although Mandatory reporting would be the most appropriate policy for solving the issue of elderly abuse.

However, since it does not seem too happen soon, especially when there are many oppositions and lack of obligation among the law enforcement teams, other programs can be formulated to help. These provide a common ground for opposing and supporting groups.

Mandatory Training: Mandatory training will require all social workers, healthcare workers, and many more get trained on the issue of elder abuse. The program will be made a requirement by the New York State for before being licensing. Mandatory training will ensure that professionals are more informed about elderly abuse and motivated to recognize and effectively respond to elderly abuse cases (NYC Elder Abuse Center, 2015). No draft exists regarding this.

Permissive Reporting: This legislation offers procedures and protocols to be followed by professionals in order to report elderly abuse if they decide to. This policy will provide immunity to the individuals from any kind of liability. The law will provide clarification about the type of information to report and provide a structure that procedurally informs the reporting process (NYC Elder Abuse Center, 2015).

Limited Mandated Reporting: -Several aged justice professionals now seem to be more concerned about the most appropriate way the adults, especially those that are cognitively impaired, can be helped with decision-making so that they can sufficiently respond to, in any instance, abuse (NYC Elder Abuse Center, 2015). In their support, I will promote a Limited Mandatory Law in which I crafts a mandatory reporting law. This law, not so much detailed and not based on age, will focus on the elders with cognitive impairment who lack abilities to decide for themselves. To this date, the New York State does not have any draft legislation about this.

Enforce Rules and Regulations: Section 505 provide rules and regulations regarding Home Health Agency in New York. One of these is that the services provided by the agency must maintain its recipients’ safety as well as health while in their homes.

Second, the services offered must be medically necessary. Also, Home Health Agencies must have well-formulated and written policies consistent with the state’s professional practice standard in place for all their services. Third, only trained personnel must provide the specific services trained in. Fourth, every individual providing home care must be fully identified by name, position, photograph, agency name, and many more and upon termination, all identification shall be returned to the Home Health agency. Last but not least, sufficient supervision must be provide for quality services and appropriate delivery of services. Training the staff about these rules and regulations is also a good thing to do so that they may understand it fully and employ in practice to avoid any form of elderly abuse.

Summary and Conclusion

Elderly abuse is a serious issue that needs to be addressed in New York State. It is an interesting topic that captures attention due to the sufferings it causes the elders to go through and the strain it puts on the health system. The elderly are exposed to several kinds of abuse- psychological, sexual, physical, financial, and neglect abuse among others. These directly impact their physical and psychological well-being. Through different legislations under the OAA, elderly people’s social welfare and well-being has been and continues to be addressed. However, they seem to be inadequate as cases of elderly abuse still exist. However, without the Mandatory reporting laws, it could be a long-lasting problem to solve. The legislation of Mandatory reporting laws has been delayed in the state due to different opposing perspectives from different. Despite this, the laws in themselves are flawed as they do not permit all people to report cases of elderly abuse. Furthermore, the law enforcement body is not obliged to investigate into reported cases. The issue can be addressed through by crafting a draft on Mandatory Training, Permissive reporting, and Limited Mandatory reporting. In the current New York state, the following are recommended:

Support all investigation activities into elderly abuse as well as prosecution of abusers
Improve services and safeguard the elder people by ensuring the abuser is identified and improve outreach to elder individuals.
Provide and support public awareness campaign about elder abuse. This will ensure that elderly abuse in immigrant communities where is intense is and goes unreported.
Mandate assessment and treatment among elders in order to respond in time before it the situation worsens.

References

Administration by Community Living (n.d). Older Americans Act. Retrieved from https://acl.gov/about-acl/authorizing-statutes/older-americans-act

Administration Community Living (2018). Elder abuse: A public health issue that affects us all. Retrieved from: https://acl.gov/news-and-events/acl-blog/elder-abuse-public-health-issue-affects-all-us-0

Administration for Community Living (2020). 2019 profile of older Americans. Retrieved from: https://acl.gov/sites/default/files/Aging%20and%20Disability%20in%20America/2019ProfileOlderAmericans508.pdf

Administration for Community Living (n.d). Older Americans Act. Retrieved from: https://acl.gov/about-acl/authorizing-statutes/older-americans-act

Administration on Community Living. (2020). The Older Americans Act of 1965 as amended in 2020 Reauthorization. Retrieved from: https://acl.gov/sites/default/files/about-acl/2020-04/Older%20Americans%20Act%20Of%201965%20as%20amended%20by%20Public%20Law%20116-131%20on%203-25-2020.pdf

Cox, C. B. (2015). Social policy for an aging society: A human rights perspective. Springer Publishing Company.

Donizzetti, A. R. (2019). Ageism in an aging society: The role of knowledge, anxiety about aging, and stereotypes in young people and adults. International Journal of Environmental Research and Public Health, 16(8), 1329.

New York City Department for the Aging. (2019). Annual Plan Summary. Retrieved from: https://www1.nyc.gov/assets/dfta/downloads/pdf/reports/DFTAAnnualPlanSummary2019.pdf

NYC Elder Abuse Center (2015). New York State doesn’t have Mandatory reporting: Good or something to change? Retrieved from: https://nyceac.org/elder-justice-dispatch-new-york-state-doesnt-have-mandatory-reporting-good-or-something-to-change/

Open Society Institute. (n.d) Ageism in America: International Longevity Center publication. Retrieved from: https://aging.columbia.edu/sites/default/files/Ageism_in_America.pdf

World Health Organization (2020). Elder Abuse. Retrieved from: https://www.who.int/news-room/fact-sheets/detail/elder-abuse#:~:text=Elder%20abuse%20can%20lead%20to%20physical%20injuries%20%E2%80%93%20ranging%20from%20minor,especially%20serious%20and%20convalescence%20longer.

Yon, Y., Mikton, C. R., Gassoumis, Z. D., & Wilber, K. H. (2017). Elder abuse prevalence in community settings: A systematic review and meta-analysis. The Lancet Global Health, 5(2), e147-e156

Yunus, R. M., Hairi, N. N., & Choo, W. Y. (2019). Consequences of elder abuse and neglect: a systematic review of observational studies. Trauma, Violence, & Abuse, 20(2), 197-