Elder Abuse:  Standards and Model Programs

ABA State Court Guidelines for Handling Elder Abuse Cases

In 1996, the American Bar Association Commission on Law and Aging released Recommended Guidelines for State Courts Handling Cases Involving Elder Abuse.  The guidelines include 29 recommendations that fall into three categories: (1) handling of cases; (2) entry of cases into the court system, and (3) court-community coordination. 

NCSC’s Benchcard for Judges

As part of a grant from the Bureau of Justice Assistance, the National Center for State Courts and its project advisory board developed a benchcard for judges on identifying and responding to elder abuse.  The benchcard “offers resources that courts may use to identify elder abuse, suggests a variety of actions that strive to protect the older victim of abuse, and encourages courts to engage in leadership opportunities in their local community.”  It was designed so that it can be modified by local jurisdictions to incorporate state statutes and community resources.

Model Courts and Programs

Most courts have not yet developed practices specifically aimed at improving the identification of and response to elder abuse.  Of those courts that have implemented programs, they tend to fall into two types:  Elder Justice Centers and Elder Protection Courts. 

Elder Justice Centers

Florida boasts the first Elder Justice Centers (EJC) in the country (see Creating Innovative Programs).  Generally, Elder Justice Centers bring the courts together with a variety of agencies to address a broad range of issues that may impact older persons.  The Centers do not focus on elder abuse per se, but rather, improving access to the justice system.  For example, the mission of the 13th Circuit Court’s EJC (Hillsborough County) is “to remove the barriers and enhance communication between seniors, the court system, and legal and social services.”

Florida’s Elder Justice Centers

Elder Protection Courts

Elder Protection Courts are more specifically designed to address the needs of older persons who have been victimized, neglected, or exploited.  The concept derives from Hon. Julie Conger, who started the nation’s first Elder Protection Court in the Superior Court of California, Alameda County (see Creating Innovative Programs).  The Judicial Council of California provides information on elder courts and has completed an evaluation of court-based elder initiatives, with information and promising practices compiled in Effective Court Practice for Abused Elders.

Training Resources

The National Judicial Institute on Domestic Violence offers a three-day workshop for judges through its Enhancing Judicial Skills on Elder Abuse Cases Workshop.  Workshops address aging and the dynamics of elder abuse, evidence in elder abuse cases, leadership and access to justice, fairness and culture issues in elder abuse cases, and decision making skills. 
NCSC’s Center for Elders and the Courts (CEC) offers free online educational presentations in their “10 Tips Series.”  In addition, the CEC is also developing an elder abuse curriculum for state judicial educators.  Judge John Conery provides an introduction to the curriculum, which will become available in 2011.