New law for elder abuse in works
Legislators discuss broadening the law, which has not been altered for 15 years
The state could not help hundreds of seniors who have been abused because of a restrictive law.
Now lawmakers will consider broadening the language to allow for assistance for more abused seniors. A legislative briefing yesterday was one of many conversations lawmakers will have on the issue of elder abuse.
Unchanged for 15 years, current elder-abuse laws require a senior to be a dependent, and if abuse occurred, Adult Protective Services can assist.
But out of 248 sample cases, 217 people were not dependent adults. As a result, the state Human Services Department's hands were tied, said Patty Johnson, administrator for the department's adult and community care services branch.
Elder abuse can be defined as physical, sexual or emotional abuse, financial exploitation and neglect, according to Hawaii's Executive Office on Aging.
There are many senior citizens in Hawaii who are independent but might face abuse, said James Pietsch, a University of Hawaii professor who heads the school's Elder Law program.
"I get several calls from those who don't qualify under the existing law," Pietsch said. "Most of them are in their 80s, and they don't want to depend on anybody."
STATE Rep. Alex Sonson expressed concern that broadening the language could cause problems by unduly disrupting the home life of the victim and the alleged abuser. However, Pietsch and Johnson said the process would not do that.
Johnson said broader language means a broader spectrum of cases to investigate. That calls for improved systems to identify, charge, prosecute and punish abusers. Improvements would include more coordination with the police department, and treating elder-abuse cases similar to child-abuse cases.
"We have to think of new ways to gather evidence," Johnson said.
Specialized training on handling seniors with physical and mental disabilities would be necessary for police officers, Johnson said.
After the briefing, state Sen. Suzanne Chun Oakland said lawmakers might consider delaying the implementation for a year until funding is identified and training is completed.
Rep. Dennis Arakaki, chairman of the House Health Committee, agreed and said, "We've heard several times recently that the laws we have in the books really need to be reviewed and probably updated, and we recognize that fact. There would have to be a lot of coordination involved in this."
Lawmakers enter into session Jan. 17 next year.