Finally! Justice for the Elderly

There is hope for victims of mental suffering caused by the people in charge of taking care of them.

By Lillian L. Hyatt, MSW, Resident of a CCRC and AARP Policy Specialist on CCRCs

Finally there is hope of justice for the elderly. Senator Mike Morrell (R – Rancho Cucamonga) is taking on the issue of the mental suffering of elders caused by bad actors who are supposedly taking care of them. This can include family members or paid aides (licensed or not).

Senate Bill 338 would amend Section 368 of the Penal Code to include that a person who causes significant or substantive mental suffering to an elder is punishable by imprisonment in a county jail, not exceeding more than one year, or by a fine not to exceed $6,000, or by both. In addition there is a provision for imprisonment in a state prison for two, three or four years. The bill would make it possible to prosecute with district attorneys to protect vulnerable elders. Needless to say this information made me hopeful.

Sadly, on April 24 of this year, I was informed by the Senator’s staff that SB 338 was going to become a “two-year bill” so that there is more time to gather support, witnesses, etc. and to make our case even stronger. I agree that it is more prudent not to present a bill until all of the language is carefully worked out. 

According to the Senate Public Safety Committee’s analysis, the care provider industry has followed their usual modus operandi by trying to insert language into the bill to conform to their goal of making it ineffectual. I have been involved often with the industry trying to change legislation so that the executives would bear no punishment or responsibility for their action or negligence. The monumental patience required to see legislation through to practice is not given to everyone. I feel this particular bill deeply affects the lives of our senior citizens that I must find the ability to see it to its conclusion.

On April 28, 2015, I made contact with Jim Deslaurier, Deputy District Attorney in Placerville County, who authored SB 338. We spoke briefly and in my next column I will explore with him the reason he felt compelled to address the issue of mental abuse of elders by persons responsible for their care with legislation. I told him about my own experiences as a retired social work professor and journalist when fellow residents and elders and their families around California contacted me with mental abuse horror stories.

On May 6, 2015, the staff at Deslaurier’s office confirmed that the file documenting the mental abuse I had endured for 14 years in a CCRC facility (where I have resided for 15 years) had been received. Recently, I discovered to my dismay that because attorneys lacked a law that prohibited mental abuse of elders, they would only pursue cases that involve physical abuse. This is true even when it is clear that an elder has been targeted for mental abuse by staff. I learned that when Deslaurier was in charge of elder abuse cases, he felt the need for such legislation.

Since I have passed my 90th birthday and understand my own time is limited to communicate to my readers, the insights I have gained over the years are immense about just how insidious and prevalent elder mental abuse is. I shall devote the rest of this year to writing about the importance of SB 338. Please stay tuned.

The March 2015 AARP Bulletin contained a fine overview of the problems in the elder care industry, but offered no solutions. Nor do the organizations that oppose the bill. For example, California public defenders are opposing this needed legislation because of the substantial penalties for caregivers who are clearly mentally abusing the elders they are supposed to be protecting.

In my opinion, this position makes absolutely no sense. Clearly public defenders are encouraging abuse. And, that the care industry providers industry should oppose this bill makes perfect sense. They would be punished along with the workers for allowing people working in their facilities to get away with this behavior.

Professor Hyatt is an AARP California policy advisor. Professor Hyatt can be seen on YouTube on the USC School of Social Work website at https://www.youtube.com/watch?v=CMrC6o6Rm04