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Criminal Neglect and Financial Exploitation

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Jason was 82 years old. He retired from his job at age 65 to care for his chronically ill wife. After her death five years ago, Jason became increasingly home bound and interacted little with the outside world. One of his children, Carol, phoned regularly to ensure he was all right and being cared for. Another child, Terri, lived nearby and was charged with overseeing her father's health and care and his finances. She was named as joint signer on his account.

Carol attempted to phone her father for several days and received no answer. She phoned Terri, who said his phone was out of order; therefore, Carol decided to visit Jason. What she found shocked her. The house was filthy; it looked as if it had not been cleaned in a long time. There were dishes piled in the sink, and rotting and moldy food was scattered throughout the kitchen. There was no food in the refrigerator. Not only was the phone out of order, but also the heat and electricity were out. The house was extremely cold. Carol found her father in his wheelchair. The coroner said he had been dead for two days.

When the police questioned Terri, they learned that she believed her role was to look in on their father every two to four weeks to ensure he had what he needed to survive. Terri reported that the last time she looked in on their father was approximately three weeks ago. She said at that time everything was fine. The kitchen was clean, and the heat and lights were working. When the phone quit working, Terri said she assumed he forgot to pay the bill. She knew he was becoming more and more forgetful with increasing dementia. She stated this had occurred before, and she would simply pay it for him when she got around to it.

Compare neglect by a caregiver with self-neglect.
Discuss financial exploitation and possible ramifications.
Discuss the types of investigators that need to be called in to build a solid case.
Discuss what in this scenario may point to financial exploitation and what to criminal neglect.

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Solution Preview

Compare neglect by a caregiver with self-neglect.

Neglect by a caregiver is criminal because the caregiver has taken an oath, job, salary, etc. to provide the required care for someone who cannot do so for themselves. Therefore, if the caregiver refuses to do so because of negligence or intentionally, the person who was supposed to receive the care is in jeopardy of facing death or negative health consequences. In contrast, self-neglect can occur with seemingly healthy people who refuse to provide hygienic or healthy options in their own life. In these instances the person may be a young or ...

Solution Summary

Criminal neglect and financial exploitation are determined. The expert compares neglect by a caregiver with self-neglect

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See Also This Related BrainMass Solution

Cases of domestic violence and child abuse

This is for PowerPoint presentation. But I would be happy having this on a regular paper as well. Thank you in advance!

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The prosecutor is getting feedback from local law enforcement explaining that they are discouraged about making arrests in cases of domestic violence and child abuse. They claim that they have been either not making arrests in domestic violence situations or arresting both parties when they go out on a call. It seems that abused women often go back to the abusers, and children who get removed from the homes where they have been abused often return after removal. These occurrences have been especially demoralizing to law enforcement.

One of your jobs in working as a victim witness assistant is to help educate law enforcement on the nature and behaviors involved in domestic violence and child abuse. The prosecutor's office has decided that you should present each of these topics for the next training session:

Topic 1 - Domestic violence: Your goal is to educate law enforcement to use best practices in the investigation of domestic abuse cases. Include the following topics:

--How to approach a domestic violence situation when responding to an emergency call

---When the parties should be separated
---How to interview parties
---What information needs to be in the report and why
---How best to help a victim
---What laws protect victims, including the use of protection orders
---Why victims return to abusers
---Length of time it may take to stay away from their abusers

--Arrests

---The legal standard needed to make an arrest in a domestic violence case
---What evidence should be collected at the arrest
---Are dual arrests effective law enforcement?
---How to assist domestic violence victims
---Reluctant victims
---Help for victims

Topic 2 - Child Abuse: Your goal will be to educate law enforcement about the dynamics of abuse and neglect cases. Include the following topics:

--Signs of child abuse and categories (physical, sexual, emotional)
--Difference between abuse and neglect
--Legal description of neglect
--Use of guardian ad litems
--The legal standards that must be met in removal from the home
--Termination of parental rights
--Requirements of Indian Child Welfare Act (ICWA)
--Role of court-appointed special advocates (CASA) in child abuse and neglect cases
--Role of social services in abuse and neglect cases

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