What is Elder Abuse?
Elder abuse has existed for centuries. Only until recently have we recognized that this criminal abuse exists and must be stopped. The CDC defines elder abuse as “an intentional act or failure to act that causes or creates a risk of harm to an older adult. An older adult is someone age 60 or older. The abuse occurs at the hands of a caregiver or a person the elder trusts.” Abuse is categorized into five forms including physical, psychological, sexual, neglect and financial. OnyxSpear, LLC will conduct Elder Abuse Investigations brought to our attention.
NYS Law pertaining to “Elder Abuse”
Under the Consolidated Laws of New York, Penal Law Chapter 40, Part 3, Tile O, Article 260, Sections 260.31, 260.32 and 260.34 provide the definition of a “Vulnerable Elderly Person”, defines criminal actions and criminal classifications for abuse committed against these victims. We have provided the following link. https://www.nysenate.gov/legislation/laws/PEN/P3TOA260
NYS Adult Protective Services
New York State’s Office of Children and Family Services refers allegations of abuse involving “impaired vulnerable adults” to Adult Protective Services (APS). APS “is a mandated service provided by local social services districts. It involves intake, investigation and assessment of referrals of abuse, neglect, and financial exploitation of impaired vulnerable adults who live in the community. APS workers develop services plans for eligible clients to remedy physical abuse, sexual abuse, emotional abuse, neglect, financial exploitation, or to address unmet, essential needs of adults.” APS offers services to any adult over the age of 18 who has physical or mental impairments.
Investigating Elder Abuse
Our investigation firm has the knowledge and experience to conduct investigations involving elder abuse. We will collect any evidence supporting abuse allegations. We will review medical records. Conduct interviews with individuals in positions of care, custody and control. And, document all evidence of abuse. Subsequently, we will write a final report. Based on our prior experiences, the referral process involving Adult Protective Services can be tedious and slow moving. This due to a shortage of staff and in combination with a bureaucratic system of operation. We strongly advise contacting APS by phone at 1-844-697-3505 or visiting your local Department of Social Services.
Contact our firm so we can take immediate steps to mitigate or stop suspected abuse. Timely documentation helps to secure evidence and present formal findings to the proper authorities.
