Kentucky's New Elder Abuse Legislation
National Center on Elder Abuse
Last year, the Cabinet for Families and Children received 6,000 referrals on adult abuse. There were only 27 convictions for adult abuse in the last three years. Nationally, it is estimated that 85 percent of incidents of elder abuse are never reported.
House Bill 298, sponsored by Rep. Jimmie Lee, D-Elizabethtown, called for better reporting of incidents of maltreatment, improvement in accountability and interagency coordination, and better training for victims' advocates, caseworkers, judicial officials and law enforcement. Sen. Katie Stine, R-Fort Thomas, took the lead on this legislation in the Senate.
In 2005, Governor Ernie Fletcher signed the emergency legislation designed to protect the state's most vulnerable citizens against elder abuse. Most significantly, the new law:
Reporting
- Requires notice to law enforcement within 24 hours upon receipt of a report and immediate notice when an emergency circumstance or a potential crime occurs.
Investigation
- Specifies that APS shall be allowed access to financial records in an active investigation.
- Encourages counties to develop protocols for adult abuse investigations.
Prosecution
- Expands the prosecutorial duties of county attorneys. Requires prosecutors to have an attorney trained in adult abuse and one lead prosecutor for adult abuse cases, if adequate personnel are available.
- Requires prosecutors to minimize the involvement of victims in court when possible, thus protecting victims from further trauma.
- Requires prosecutors' offices to make appropriate referrals when a case is not prosecuted.
Mandatory Training
- Requires and specifies mandatory basic and professional training for prosecutors, law enforcement, courts, victim advocates, and social workers.
For More Information...
To find out more about recognizing the signs of elder abuse, neglect or exploitation, please go to the "Signs of Abuse" section of the Kentucky.Gov website. If you fear that someone you know may be a victim of elder abuse, please contact 1-800-752-6200 to report your concerns. The National Center on Elder Abuse website offers information and assistance for elders, their families, and community members.
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