H.R. 448 would protect seniors in the United States from elder abuse by establishing specialized elder abuse prosecution and research programs and activities to aid victims of elder abuse, to provide training to prosecutors and other law enforcement related to elder abuse prevention and protection, to establish programs that provide for emergency crisis response teams to combat elder abuse.
Detailed Summary
Elder Abuse Victims Act of 2009 - <b>Title I: Elder Abuse Victims</b> - (Sec. 101) Directs the Attorney General to: (1) study and report to Congress on state laws and practices relating to elder abuse, neglect, and exploitation; and (2) develop objectives, priorities, policies, and a long-term plan for elder justice programs and activities.
Directs the Comptroller General to review programs and initiatives in the federal criminal justice system relevant to elder justice and report to Congress on such programs and initiatives with recommendations to improve elder justice in the United States.
Authorizes appropriations for FY2009-FY2015.
(Sec. 102) Authorizes the Attorney General to award victim advocacy grants for study of the special needs of victims of elder abuse, neglect, and exploitation, including related pilot programs. Authorizes appropriations for FY2009-FY2015.
(Sec. 103) Directs the Attorney General to award grants to eligible entities to provide training, technical assistance, policy development, multidisciplinary coordination, and other types of support to local prosecutors and courts handling elder justice-related cases, funding in particular: (1) specially designated elder justice positions or units in local prosecutors' offices and local courts; and (2) the creation of a Center for the Prosecution of Elder Abuse, Neglect, and Exploitation to advise and support local prosecutors and courts nationwide in the pursuit of such cases.
Authorizes appropriations for FY2009-FY2015.
(Sec. 104) Directs the Attorney General to award similar grants to eligible entities to provide support to state prosecutors and courts, employees of state Attorneys General, and Medicaid Fraud Control Units handling elder justice-related matters.
Authorizes use of such grants to: (1) establish specially designated elder justice positions or units in state prosecutors' offices and state courts; and (2) create a position to coordinate elder justice-related cases, training, technical assistance, and policy development for state prosecutors and courts.
Authorizes appropriations for FY2009-FY2015.
(Sec. 105) Directs the Attorney General to award similar grants to eligible entities to provide support to police, sheriffs, detectives, public safety officers, corrections personnel, and other first responders who handle elder justice-related matters to fund specially designated elder justice positions or units designed to support first responders in elder justice matters.
Authorizes appropriations for FY2009-FY2015.
(Sec. 106) Directs the Attorney General to: (1) require each recipient to use a portion of grant funds to conduct a validated evaluation of the effectiveness of the activities carried out through the grant; or (2) use a portion of funds under this title to assist an eligible entity to conduct such an evaluation.
Prescribes general requirements for grant applications and their review and selection.
Authorizes appropriations for FY2009-FY2015.
(Sec. 107) Defines "eligible entity" as a state or local government agency, Indian tribe or tribal organization, or any other public or nonprofit private entity that is engaged in and has expertise in issues relating to elder justice or a field necessary to promote elder justice efforts.
<b>Title II: Elder Serve Victim Grant Programs</b> - (Sec. 201) Directs the Attorney General, acting through the Director of the Office of Victims of Crime of the Department of Justice (DOJ), to carry out a three-year Elder Serve Victim program to provide grants to eligible entities (crime victim assistance programs receiving grants under the Victims of Crime Act of 1984) to establish programs to facilitate and coordinate programs for victims of elder abuse.
Requires a recipient to use its grant to establish an Emergency Crisis Response Team program, which shall: (1) include immediate, short-term emergency services, including shelter, care services, food, clothing, transportation to medical or legal appointments; and (2) provide other appropriate services to victims of elder abuse.
Limits short-term housing for such victims to 30 days.
Requires a grant recipient also to establish counseling, mental health screening, emergency legal advocacy, job placement assistance, bereavement counseling, and other appropriate service programs.
Authorizes appropriations for FY2009-FY2011.
Status of the Legislation
Latest Major Action: 2/12/2009: Referred to Senate committee. Status: Received in the Senate and Read twice and referred to the Committee on the Judiciary.
Points in Favor
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Points Against
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Visitor Comments
Latifa Ring
June 4, 2009, 2:32am (report abuse)As the family guardian of a victim of Elder Abuse and am glad to see this bill. I hope we can stop abuse and address the problem with exploitation.
"It was once said that the moral test of government is how that government treats those who are in the dawn of life, the children; those who are in the twilight of life, the elderly; and those who are in the shadows of life, the sick, the needy and the handicapped." - Hubert H. Humphrey -
Please also study the gaurdianship and fiduciary laws in each State and study their effectiveness.
Thank you for caring
Juanita James
July 21, 2009, 4:21pm (report abuse)As a family member of a person of a victim of Elder abuse, this bill is long overdue. However, you need to add in a component of guardianship and fiduciary laws in this bill as well. A lot of people in this country are also being put in from abuse to another abuse-guardianship abuse.
Thank you for taking a stand for the elderly.
Dawn Breedlove-Samimi
October 9, 2009, 10:24pm (report abuse)My 68 year old father was attacked in front of my 72 year old mother strangled and smothered. The prosecutor told the sheriff not to investigate because she felt my dad had a heart attack. Turns out the parents of the 27 year old attacker friends of the DA and other who helped cover this up. Zero help anywhere. Even a judge had to remove himself after we exposed him. Sheriff audio tapes and video expose the corruption but no one will look at it. http:nyefrank.typepad.com We are not trying to go to federal court, do not have a attorney