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Katherine C. Pearson, Editor, and a Member of the Law Professor Blogs Network on LexBlog.com

TOC and abstracts: Journal of Elder Abuse and Neglect

April 22, 2007
“No Secrets” and Beyond: Recent Elder Abuse Policy in England
Page Range: 1 – 18
DOI: 10.1300/J084v18n01_01

Rachel Filinson
  Thispaper provides an overview of English elder abuse policy includingguidelines developed for adult protection by their Department of Healthin 2000, a report released fromtheHouse of Commons Health Committee in2004 on elder abuse, related policy changes affecting older adults, thementally incapacitated, and social care regulations, and the launchingof public awareness campaigns. In contrast to the U.S., English policysubsumes elder abuse within the larger category of vulnerable adultprotection, steers clear of mandatory reporting, emphasizes abuse byformal caregivers rather than domestic violence, relies on amultiagency approach to investigation and intervention, and supportsmore remedial, less punitive regulatory oversight.doi:10.1300/J084v18n01_01
  Keywords: Elderly abuse, policy, regulation, England

Nursing Home Statutes: Mistreatment Definitions
Page Range: 19 – 39
DOI: 10.1300/J084v18n01_02

Jeanette M. Daly, Gerald J. Jogerst
  Introduction.Forty-nine states and the District of Columbia have adult protectiveservices (APS) related statutes that define adult/elder mistreatmentfound in domestic settings. Institutional adult/elder mistreatment lawsare administered by the nursing home licensing agencies and may containdifferent or duplicate APS-related mistreatment definitions. Thepurposes of this paper are to describe and summarize the mistreatmentdefinitions in the nursing home licensure statutes and compare thosedefinitions with the definitions found in the APS-related statutes.Methods. Westlaw and Lexis-Nexis law database systems were used toretrieve all adult protective services statutes and institutionallicensure statutes. Each statute’s text was reviewed and coded by tworesearchers. Results. Institutional mistreatment definitions areaddressed in 14 of the states and District of Columbia’s nursing homestatutes. No one state has a list of the 27 different definitions ofmistreatment identified in the literature search. The common types ofmistreatment described were physical and emotional abuse, neglect,financial and property exploitation, and sexual abuse. Conclusion.Standardized definitions of resident-to-resident and institutionalspecific types of mistreatment need to be included in nursing homestatutes. doi:10.1300/J084v18n01_02
  Keywords: Elder mistreatment, abuse, older women, intimate partner violence, interpersonal abuse

SPECIAL REPORT
Recommendations for the Elder Abuse, Health, and Justice Fields About Medical Forensic Issues Related to Elder Abuse and Neglect

Page Range: 41 – 81
DOI: 10.1300/J084v18n01_03

Lori Stiegel JD
  Increasedinterest in pursuing criminal and civil actions against allegedperpetrators of elder abuse and neglect has revealed that efforts toassist victims and hold perpetrators accountable are often hampered bythe lack of knowledge about the detection and diagnosis of elder abuseand neglect and by the lack of resources for development of researchand assistance in these matters. This report sets forth recommendationsfor the elder abuse, health, and justice fields about medical forensicissues related to elder abuse and neglect. The recommendations weredeveloped by a “working group” of experts representing an array ofdisciplines that address the problem of elder abuse and neglectpursuant to a grant project funded by the National Institute of Justice(NIJ), the research, development, and evaluation agency of the U.S.Department of Justice (DOJ). The project was conducted by the AmericanBar Association Commission on Law and Aging, with the assistance of theUniversity of California, Irvine School of Medicine. This was the finalproject report submitted to NIJ; it has been updated to includeinformation about the availability of reports and products from othergrant projects that are discussed in the report.doi:10.1300/J084v18n01_03
  Keywords:Elder abuse and neglect, forensic, prosecutors, law enforcement, firstresponders, adult protective services, health care providers, medicalexaminers, coroners, researchers, educators, funeral home directors,regulatory agencies for long term care facilities, detection,diagnosis, screening, assessment, multidisciplinary, training

The Prevalence and Incidence of Intimate Partner and Interpersonal Mistreatment in Older Women in Primary Care Offices
Page Range: 83 – 105
DOI: 10.1300/J084v18n01_04

Therese Zink MD, MPH, Bonnie S. Fisher PhD
  Self-reportinformation about mistreatment experiences and perpetrators werecollected from a large sample of women over 55 years of age who soughtcare from Midwestern primary care offices. A significantly largerproportion of women had experienced sexual mistreatment since turning55 that was perpetrated by an intimate partner than committed by aninterpersonal perpetrator. The women experienced significantly morethreats, physical mistreatment, and caregiver mistreatment sinceturning 55, and more threats and caregiver mistreatment within the lastyear by an interpersonal perpetrator than by an intimate partner.Several women described different types of perpetrators who hadthreatened or mistreated them. Few women reported the mistreatment toanyone. Implications for elder service providers and advocates arediscussed. doi:10.1300/J084v18n01_04
  Keywords: Elder mistreatment, abuse, older women, intimate partner violence, interpersonal abuse

Elder Abuse in Europe: An Overview of Recent Developments
Page Range: 107 – 116
DOI: 10.1300/J084v18n01_05

Bridget Penhale MSc
  Elderabuse is a global phenomenon. Despite recognition and action severaldecades ago in a number of countries, in many others the phenomena ofabuse and neglect have been much more recently identified as in need ofattention. This brief will discuss the situation relating to responsesto and interventions in elder abuse that have been evolving in a numberof countries in the European region, which are at different stages ofdevelopment. The examples provided will assist in meeting the worldwidechallenge that elder abuse presents. doi:10.1300/J084v18n01_05
  Keywords: Elder abuse, neglect, European context, developing responses