Decision Tree Assisting an Adult Who is Abused
Decision Tree Assisting an Adult Who is Abused, Neglected or Self Neglecting April, 2019 1
Today’s Objectives • To provide an overview on the Adult Guardianship Legislation • To clarify the connection between the Adult Guardianship Act and how it relates to the work of BC CRN • To introduce the Decision Tree as a tool to assist with supporting a vulnerable adult who is abused, neglected, or self-neglecting www. bccrns. ca | p. 2
Agenda • Overview of the BC CRN • Overview of the Adult Guardianship Act (AGA) • Clarifying the connection of the AGA and BC CRN • Introduction of the Decision Tree • Questions www. bccrns. ca | p. 3
What is BC CRN? • Provincial umbrella organization. • Supports development of coordinated community responses. • Provides education, resources. • Supports provincial, national, international initiatives. www. bccrns. ca | p. 4
BC CRN’s Vision • Safe communities where adults are valued, respected, and free from abuse and neglect. www. bccrns. ca | p. 5
BC CRN Guiding Principles • • Inclusion. Meaningful participation. Shared leadership and influence. Assumption of capability and building capacity. www. bccrns. ca | p. 6
BC CRN Organizational Structure Board of Directors Executive Director Team Leaders Administration Team Regional Mentors Fraser, Vancouver Coastal, Island Interior, North CRN Coordinators Community Response Networks (CRN) Consultants
BC CRN’s Key Relationships • Adult Guardianship Act. • Ministry of Health, Community Gaming, other project funders. • Together to Reduce Elder Abuse (TREA) Strategy. • Provincial, national, international organizations. Community Response Networks (CRN) Local Communities Across BC
BC CRN Programs & Services In Person Electronic/Print/Other • Monthly provincial learning events (teleconference). • Mentor support. • It’s Not Right! training. • Gatekeeper training. • CRN Support Program (under development). • BC CRN website. (www. bccrns. ca) • BC CRN E-Connector, POST • Spread the Word on Adult Abuse & Neglect. • CRN Guide & Toolkit. • Intergenerational Community Guide. • Project grants. www. bccrns. ca | p. 9
BC CRN Funding • BC CRN is a registered non-profit society, and charitable organization. • Financially supported by – Contract with the Ministry of Health – Ministry of Finance – Gaming – Over $1 million of in-kind donations and volunteer hours *for 2017/2018 www. bccrns. ca | p. 10
BC CRN Guided by BC’s Adult Guardianship Act • Adults and those around them may need support, assistance if they are experiencing – Abuse. – Neglect. – Self-neglect. www. bccrns. ca | p. 11
Adult Guardianship Act (Part 3): Guiding Principles Self determination. Presumption of capability. Different ways of communicating. Least intrusive, least restrictive, most effective forms of support. • Court as the last resort. • • www. bccrns. ca | p. 12
Adult Guardianship Act (Part 4): Responses to Adult Abuse & Neglect • Designated agencies have a duty to investigate reports of abuse, access legal tools. • Coordinated community response through organizations such as BC CRN, and local community response networks (CRNs). www. bccrns. ca | p. 13
Adult Guardianship Act (Part 4): Designated Agencies • Regional health authorities: – Vancouver Coastal Health (VCH). – Fraser Health (FH). – Northern Health (NH). – Interior Health (IH). – Island Health (VIH). – Providence Health (PHC). • Community Living BC (CLBC). www. bccrns. ca | p. 14
Overview to the Legislative Changes • Assists people in the legal, social, financial, health sectors to make effective referrals • Presents the legislative context for responding to adult abuse, neglect, and self-neglect when informal responses are not enough • Seniors Centre, Day Programs, Victim Services, Meal service, health, financial institutions, service clubs are groups that regularly and informally assist vulnerable adults www. bccrns. ca | p. 15
Overview …continued • Laws that provide powers for use by designated agencies, Public Guardian & Trustee, and Police • Part 3 of the Adult Guardianship Act: – Support and Assistance for Abused and Neglected Adults provides tools for designated agencies’ and, • The Public Guardian and Trustee Act, sections 17 – 19: – Provides tools for use by the Public guardian and Trustee www. bccrns. ca | p. 16
Adult Guardianship Act • Includes principles to guide those who respond • These principles are: – Self-determination – Presumption of capability – Least intrusive most effective • Defines abuse, neglect, and self-neglect • Applies to anyone over 19 www. bccrns. ca | p. 17
• Abuse can take many forms – physical – Financial – Sexual – Emotional – Violation of Privacy • Neglect and Self-Neglect – Failure to provide necessary care – Causes serious harm in a short time – Neglect includes self-neglect www. bccrns. ca | p. 18
• Adult Guardianship Act sets out two inter-related responses: • Front Line Response requires Designated Agencies to look into reports of abuse, neglect or selfneglect. • Community Response provides for the development of Community Response Networks to develop coordinated community responses to abuse, neglect or self-neglect • No mandatory reporting to a designated agency in BC is required, but, once a designated agency receives a report or becomes aware of a situation they must investigate. www. bccrns. ca | p. 19
• Designated agencies may ask the Public Guardian & Trustee (PGT) to assist • Sometimes the police are the first to learn of a situation of adult abuse and will refer to designated agencies or PGT as appropriate to the situation • Adult Guardianship Act does not give Police additional powers beyond what they already have under the criminal code • Community Response Networks work to strengthen community capacity to prevent and address adult abuse & neglect www. bccrns. ca | p. 20
Decision Tree: Assisting an Adult Who is Abused, Neglected or Self-Neglecting • Tool to assist with making effective referrals • Created in Partnership – Public Guardian & Trustee – RCMP BC “E” Division, Crime Prevention Services – Fraser Health Authority www. bccrns. ca | p. 21
How to Use the Decision Tree • Can assist service providers make effective referrals when they witness a situation of abuse or neglect • Page 1 guides readers through a series of questions to help make a decision about the adult and which agency to call • Know agency mandates • Page 2 provides more information about Police, designated agencies, and Public Guardian & Trustee and how they can assist www. bccrns. ca | p. 22
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Begin with the First Question Is the adult in immediate danger or physical harm Yes Call 911 No go to next question is the adult able to seek assistance Yes decide with adult where to call and assist to take next step No is it primarily related to financial matters or are assets at immediate risk Yes Call Public Guardian & Trustee No is it related to non financial matters Yes Call a Designated Agency www. bccrns. ca | p. 25
Page 2 of Decision Tree • Provides more detail about the mandates of Police, Public Guardian & Trustee and Designated Agencies • Answers key questions such as: ØWhy would you call? Where would you call? ØWhat can you expect if you call? ØWhat actions might take place as a result? • Links to relevant legislation and where to find contact information www. bccrns. ca | p. 26
The Role of Designated Agencies • Provides support and assistance to adults who can’t seek support and assistance on their own due to: ØPhysical restraint ØPhysical disability ØIllness, disease, injury or other conditions that affects the adult’s ability to make decisions about the abuse or neglect • What does a designated agency do? ØLook into to the situation ØInvolve the adult ØReport criminal offences www. bccrns. ca | p. 27
• May take a variety of actions depending upon circumstances • Additional tools include: ØWays of gaining access ØRestraining orders ØSupport and Assistance Court orders • Response always guided by ØPrinciples of the legislation ØPresumption of capability www. bccrns. ca | p. 28
The Role of PGT • Protects the legal, financial and in some cases personal and health care interests of adults in BC who require assistance in decision making • Investigates adult financial abuse and neglect where there is reason to believe the adult is: ØMentally incapable ØTheir assets are at risk ØThere is no on else who can assist • PGT Staff consult on complex abuse and/or neglect situations. www. bccrns. ca | p. 29
• Depending on details staff take protective measures: ØTemporarily restricting access to bank accounts, or ØPreventing property transfers during and investigation ØRequest an accounting of adult’s funds • PGT staff: ØGather information ØTake steps to protect assets ØRecommend informal resolutions ØMake referrals to community resources ØDetermine if formal arrangements are required www. bccrns. ca | p. 30
The Role of Police Respond to abused or neglected adult Police mandate includes: Ø Safety concerns Ø Criminal offence Ø Keep the peace Ø Speak privately • Police; Ø Problem solve Ø Make referrals Ø Investigate Ø Recommend charges • • www. bccrns. ca | p. 31
• When there are concerns about an adult’s inability to seek assistance will refer where appropriate to: ØDesignated Agencies ØPublic Guardian & Trustee • BC is served by both RCMP and Municipal Police • Uniformed, Front-line officers may be dispatched to attend a call for service • Where available and appropriate may request the specialized service of: ØElder Abuse ØDomestic Violence Unit www. bccrns. ca | p. 32
Decision Tree Scenarios Exercise www. bccrns. ca | p. 33
Scenario 1 Molly is an Accountant and has been approached to assist George and Mary to file their taxes. Mary is in a Care Home as George is not able to care for her. George hasn’t filed their taxes for two years. At this point, it is urgent that the taxes are filed. They are in the process of selling their home and George will move into an apartment. It is important that the couple get their finances in order. Shortly after Molly begins to work with George to file taxes, he becomes non-cooperative with her in gathering the necessary financial information she needs in order to assist the family. He, spontaneously, goes to the US for a few months. Molly is increasingly frustrated as there are papers for him to sign and deadlines looming and he is unavailable. Further, she learns that the Care Home fees have not been paid for a few months. www. bccrns. ca | p. 34
George returns but is very suspicious of Molly and is making it difficult to move forward with getting his taxes submitted. She is prepared to quit as it is not worthwhile for her but also notices that George is increasingly forgetful, paranoid and doesn’t seem to be looking after his personal hygiene. She realizes that George is not well but doesn’t know what to do. The couple have no family other than each other and there doesn’t seem to be anyone involved with their lives other than professionals. Mary is in early stage of dementia and is not aware there is a problem. Molly decides to help …. www. bccrns. ca | p. 35
Molly and George • What can Molly do? Who can she call? Ø Molly asks: ØIs George in immediate danger of physical harm? ØIs he able to seek assistance? ØIs this situation primarily related to financial matters or are assets at immediate risk? www. bccrns. ca | p. 36
Scenario 2 • Your next door neighbour • Shortly after Debbie returned home a niece arrived to help an older woman, Debbie, her Aunt. She sent the Home had a fall and ended up in Support away as she was the hospital with a broken here to help her Aunt. hip, ankle, and arm. She You haven’t seen Debbie for has a daughter and a son awhile and you drop by to who both live outside the see her. She is disoriented, area. When Debbie was hungry, and unkempt with a ready to leave the hospital, bruise on her face. She tells the staff set up home you her niece went to the support and help with bank with her bank card to meals for her while she was get some money for them. healing. You are very concerned…. . www. bccrns. ca | p. 37
Debbie • What can you do? Using the Decision Tree ask yourself: ØIs Debbie in immediate danger of physical harm? ØIs she able to seek assistance? ØWhat resources could assist? ØIs the abuse primarily related to financial matters? ØIs the abuse primarily related to nonfinancial matters www. bccrns. ca | p. 38
Scenario 3 • Walter is an 85 year old gentleman who still lives in his own home and is quite active in the community. As a retired School Teacher, he frequently provides low income College students a free room in exchange for helping him with yard work from time to time. As an employee with a local agency that provides resource and referral services, you receive a call from one of his friends. • His friend calls as he is concerned that Walter is being taken advantage of and is concerned for his safety. He relates that recently Walter had a fall and hurt his leg. He did not get medical help for several days and only when a friend came by for a visit and took him to hospital. His concern is that the young man staying with Walter did not do anything to assist. He wants to know what he can do to help his friend. www. bccrns. ca | p. 39
Walter • What can Walter’s friend do? • Using the Decision Tree, he asks: ØIs Walter in immediate danger of physical harm? ØIs he able to seek assistance? ØWhat resources could assist? www. bccrns. ca | p. 40
Scenario 4 • Sheila is a legal Advocate and is assisting a young man, Charlie, with an eviction notice. He is 24 and has a Developmental Disability. He is frequently evicted from his rental units as a result of ‘friends’ who are staying with him. These individuals are involved in drug related activities and their behaviours are generally the cause of his evictions. Further, he should be receiving home support services but his supports are afraid of his ‘friends’. • Sheila believes that Charlie could be a successful tenant if he could get away from his ‘friends’, however, every time he moves they find him and move in. She has considered calling the RCMP but feels that it would put Charlie at risk of being arrested as a result of the drugs that are in his premises. There doesn’t seem to be any solutions but she is concerned as his health and safety are at risk. www. bccrns. ca | p. 41
Charlie • What can Sheila do? • She asks: Ø Is Charlie in immediate Danger? Ø Is he able to seek assistance? ØIs the abuse primarily related to financial matters or are assets at immediate risk? ØIs the abuse primarily related to non-financial matters? www. bccrns. ca | p. 42
Resources Local Agency: Local Health Authority: Local Community Living BC (CLBC): Police Non-Emergency: Websites: • www. bccrns. ca • www. trustee. bc. ca www. bccrns. ca | p. 43
Questions? www. bccrns. ca | p. 44
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