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The Dynamics of Elder Abuse

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Every five seconds, an elderly person is abused. ~ California accounts for 10.6% of all elder abuse cases in the U.S. ~ Alaska has the fewest number of cases in the U.S. at approximately 8,900 cases per year. ~ Just five states account for over 1/3 of all elder abuse cases in the U.S. ~ California, Florida, New York, Texas and Pennsylvania have the most cases of elder abuse annually.

Texas residents are required by law to report known elder abuse to the Department of Family and Protective Services (DFPS).

Two Way to Report AbuseTexas elder abuse

  • 1-800-252-5400 - Call the Abuse Hotline toll-free 24 /7 nationwide.
  • www.txabusehotline.org
    Make your report through their secure web site and you will receive a response within 24 hours.

The law requires any person who believes that a child, or person 65 years or older, or an adult with disabilities is being abused, neglected, or exploited to report the circumstances to DFPS. A person making a report is immune from civil or criminal liability provided they make the report in good faith, and the name of the person making the report is kept confidential.

Any person suspecting abuse and not reporting it can be held liable for a misdemeanor or state jail felony. Time frames for investigating reports are based on severity of allegations. Reporting suspected child abuse makes it possible for a family to get help.

Residents will have their identity concealed, and will not run the risk of facing either civil or criminalliability. Any Texas resident who knows about elder abuse and decides not to report it will be charged and convicted of a Class B misdemeanor. Texas law forbids anyone from filing a false claim of elder abuse. The Adult Protective Services (APS) is responsible for investigating any claims of elder abuse that take place within a care facility, including private homes. Texas residents may call a variety of toll-free hot line numbers to report elder abuse.

Penalties - Elder abuse is considered a felony in Texas, although the circumstances involved determine whether it's a felony in the first, second, or third degree. Elder abusers who willingly cause serious physical harm on a senior citizen will be convicted of a felony in the first degree. A second degree felony occurs when the abuser causes serious physical harm through a reckless act.

Exploitation of a senior citizen constitutes a felony in the third degree. Any bodily harm done to a senior citizen is also considered a felony in the third degree, even if it isn't serious. Victims of elder abuse fall into a group of victims that are hidden from our society at large. Broadly defined there are three basic categories of elder abuse: domestic, institutional, and self-neglect or self-abuse.

 

The following breaks down the factors that increase the risk of elder abuse:

Domestic Violence Grown Old

  • Spouses make up a large percentage of elder abusers and a substantial proportion of these cases are domestic violence grown old

Personal Problems of Abusers

  • Are dependent on their victims for financial assistance, housing, and other forms of support.
  • Oftentimes the abuser has personal problems, such as mental illness, alcohol or drug abuse, or other dysfunctional personality characteristics.

Living with Others and Isolation

  • Abusers who live with the elder have more opportunity to abuse and yet may be isolated from the larger community themselves or may seek to isolate the elders from others so that the abuse is not discovered. A high percentage of older victims live with abusers.

Institutional Abuse

  • They are dependent on others for care.
  • They frequently have severe physical and/or mental impairments.

How to Recognize Signs of Abuse

  • Bruises, pressure marks, broken bones, abrasions, and burns may be an indication of physical abuse, neglect, or mistreatment.
  • Unexplained withdrawal from normal activities, a sudden change in alertness, and unusual depression may be indicators of emotional abuse.
  • Bruises around the breasts or genital area can occur from sexual abuse.
  • Sudden changes in financial situations may be the result of exploitation.
  • Bedsores, unattended medical needs, poor hygiene, and unusual weight loss are indicators of possible neglect.
  • Behavior such as belittling, threats and other uses of power and control by spouses are indicators of verbal or emotional abuse.
  • Strained or tense relationships, frequent arguments between the caregiver and elderly person are also signs.

There are many ways that each of us can help address the problem of elder abuse

  • Volunteer with an organization helping with tasks such as home repair and maintenance, meal delivery, transportation, and support services (such as bill paying and advocacy).
  • Get to know your neighbors who are elderly or disabled, become involved.
  • Help someone you know who is a caretaker (give them a break by volunteering as a sitter).

The law requires any person who believes that an elderly or adult with disabilities is being abused, neglected or exploited to report the circumstance to the Texas Department of Family and Protective Services (DFPS) Statewide Intake or to the Department of Aging and Disability services (licensed homes/institutions).

Report Abuse, Neglect or Exploitation

  • Department of Family and Protective Services Statewide Intake, toll free 1-800-252-5400.
  • Department of Aging and Disability Services complaint intake, toll free 1-800-458-9858.

Two Way to Report Abuse

  • 1-800-252-5400 - Call the Abuse Hotline toll-free 24 hours a day, 7 days a week, nationwide.
  • www.txabusehotline.org
    Make your report through their secure web site and you will receive a response within 24 hours.

 

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