Elder Abuse: Investigations require team work from DA's Office, law enforcement

World Elder Abuse Awareness Day

June 15 is annual World Elder Abuse Awareness Day. Johnson County is not immune to reports of elder abuse with increased cases mirroring continued growth of an aging population.

The National Council on Aging reports approximately one in 10 Americans aged 60+ have experienced some form of elder abuse. Johnson County roughly has an estimated 100,000+ residents at that age range.

The Economic Crime Unit (ECU) of the Johnson County District Attorney’s Office handles the prosecution of elder abuse cases in the county. Those cases are charged under the Mistreatment of an Elder Person statue. By statute, an elder person is someone 60 years of age or older.

To constitute Mistreatment, Marissa Bell, chief of the unit, says there must be some relationship between the individuals where the victim is specifically targeted and abused by the perpetrator due to the victim’s vulnerabilities and/or a power imbalance, whether it be physical, cognitive, age-related, etc.

“Perpetrators tend to be those closest to the victim who also have a long-standing relationship with the victim — most often family members or caretakers,” Bell said.

Crimes include physical, sexual, mental and emotional abuse along with neglect, omission or deprivation of necessary care of an aging adult.

Another type of abuse is financial exploitation — misusing credit cards, stealing money, cashing checks without authorization or draining money from an aging adult’s personal finances or retirement funds.

Likely targets are seniors who have no family or friends nearby and are frail or with disabilities, memory problems or dementia. Abuse often affects those who depend on others for help with everyday activities — bathing, dressing and taking medicine. Many cases involve family where abusers often are dependent on their victims for financial assistance, housing, transportation and other forms of support.

Family members or friends of a victim, financial institution and any others who suspect abuse is occurring can file a report with their local police agency.

Dana Gouge is chief investigator for the D.A.’s Office. “Elder abuse cases can be reported in a couple of different ways. Confidential reporting is an option when you suspect someone is being abused by calling the Kansas Department of Children and Families’ hotline,” he said.

“Reports can also be made to any local police department or Sheriff’s Office in the city/county where the victim resides. All reports are looked at and shared with Adult Protective Services and law enforcement agencies.”

Ashley Hamamy, social worker supervisor at Kansas Adult Protective Services, says COVID-19 resulted in a slight decrease in cases due to community partners having members less regular contact with the elder population.

“Once the world reopened, we received a slew of cases from contact resuming,” she said, adding “APS is projected to have a steady increase of cases due to aging Baby Boomers and an ever-growing elder population.”

According to Bell, the ECU employs a multi-disciplinary approach to the investigation review and prosecution of mistreatment cases, which involves a Financial\ Abuse Specialist Team, or FAST. The team includes ECU prosecutors, local law enforcement, Kansas Adult Protective Services case workers, and D.A.’s Office investigators.

FAST members meet monthly to discuss mistreatment cases at any stage from investigations and the possibility of filing charges through active prosecution.

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“It’s a great way to collaborate and learn from each other, especially when a team member has questions or needs guidance in their case,” Bell said.

Jackie Zickel, a detective with the Overland Park Police Department, says reports/calls are made to local law enforcement agencies and are then assigned for further investigation by a detective.

“Once a perpetrator has been identified and the case is fully investigated, it is forwarded to the District Attorney’s Office to be reviewed for charging,” Zickel said.

“Often, these cases are discussed at our FAST team meetings, where local detectives, APS workers and staff from the D.A.’s Office come together and review cases they are working.”

Once submitted by local agencies, the D.A.’s office assigns ECU attorneys to submitted cases of suspected elder abuse to review and determine whether crime or crimes can be charged in the case.

“If there is enough to charge the case, the case will be filed, assigned a case number and a court, and will proceed through the judicial system,” Bell said.

Reports of suspected consumer fraud perpetrated by a local business or individual against an aging adult can be made to the Johnson County District Attorney’s hotline, 913-715-3003. Walk-in reports can also be made at the District Attorney’s Office at the Johnson County Court - house in downtown Olathe. The office is open from 8 a.m. to 5 p.m. Monday through Friday.

The Kansas Protection Report Center of the Kansas Department of Children and Families also operates a hotline (1-800-922-5330) for reporting suspected abuse, neglect or exploitation of an elder person.

Suspected abuse or neglect of an elder person who resides in a nursing or assisted living facility, hospital, or who receives in-home care though an agency if the abuse is perpetrated by an employee of such entities, can be reported to the Kansas Department for Aging and Disability Services at 1-800-842-0078.

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