Combating Elder Abuse in Montgomery County: Initiatives and Reporting Requirements
The Montgomery County Prosecutors Office, led by Mat Heck Jr., is actively combatting elder abuse through prosecuting various types of abuse like physical neglect and financial exploitation. Mandatory reporters have been expanded to include professionals like CPA's and investment advisors. A new law effective September 29, 2018, mandates reporting of suspected elder abuse to the County Department of Job and Family Services. Failure to report abuse carries penalties. Contact Chief Investigator Kerry Smoot for more information or to request a presentation on the new law.
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C.A.A.N.E Stakeholder Series August 22, 2018 MAT HECK, JR. PROSECUTING ATTORNEY KERRY SMOOT, CHIEF INVESTIGATOR
Montgomery County Prosecutors Office Combatting Elder Abuse Office of Mat Heck, Jr. Prosecuting Attorney
Types of Abuse Prosecutions fall into three groups: Physical Neglect Financial Office of Mat Heck, Jr. Prosecuting Attorney
Adult Protective Service Law O.R.C. 5101.63 Mandatory reporters: Attorneys Firefighters Peace officers Any other person who is a senior service provider Medical Professionals Ambulance drivers Coroners Social workers, counselors & therapists EMT's & Paramedics Clergy NEW Mandatory reporters: CPA's or Public accountants Notary's Investment Advisors Effective September 29, 2018 Real Estate Brokers or Salespeople Bank Employees Financial Planners Office of Mat Heck, Jr. Prosecuting Attorney
Adult Protective Service Law Notifying Those Mandated Reporters Dear Recipient, On September 29, 2018, a new law, ORC 5101.63, will go into effect in Ohio regarding mandatory reporting of suspected Elder Abuse. You are receiving this letter because you have been included as a group that is subject to the new law. The law requires that any suspected Elder Abuse be reported to the County Department of Job and Family Services (CDJFS). CDJFS will then initiate a formal investigation. The report of abuse will not be a public record. There will be penalties for failure to report the suspected abuse. This law does not identify any exceptions to the reporting requirement. My office is offering to provide a presentation on this new law. Please contact my Chief Investigator, Kerry Smoot at 937-496-6575 or smootk@mcohio.org, if you are interested in a presentation or for further information. Very truly yours, Office of Mat Heck, Jr. Prosecuting Attorney
Types of Abuse Physical and Neglect Prosecutions: 1. 2018 CR 2391 Kevin Johnson 2. 2018 CR 1802 Dikki Crane 3. 2013 CR 2542 Jean Paul Mpanurwa 4. 2013-CR-3378 Marcus Fox Office of Mat Heck, Jr. Prosecuting Attorney
Types of Abuse Financial Exploitation Prosecutions: 1. 2018 CR 2823 Carolyn Begley 2. 2018 CR 1771 Dale Inman 3. 2017 CR 0152 Kevin Bridgewaters 4. 2013 CR 2585 Michelle Gavin 5. 1994 CR 0389 John D. Schlosser 6. 2007 CR 1737 Timothy Stauffer Office of Mat Heck, Jr. Prosecuting Attorney
Financial Enhancement Protecting Elderly Theft 2913.02 Ohio Revised Code Elderly/Disabled F5 > $1000 but < $7,500 F5 < $1000 F4 > $7500 but < $150,000 F4 > $1000 but < $7,500 F3 > $150,000 but < $750,000 F3 > $7500 but < $37,500 F2 > $750,000 but < $1,500,000 F2 > $37,500 but < $150,000 F1 > $1,500,000 F1 > $150,000 Office of Mat Heck, Jr. Prosecuting Attorney
Reporting Abuse Resources Montgomery County Adult Protective Services; 937-225-4906 Montgomery County Dispatch; 937-225-4357 Montgomery County Prosecutor s Office; 937-225-5757 Or, Contact your local law enforcement agency Office of Mat Heck, Jr. Prosecuting Attorney
File of Life Program Office of Mat Heck, Jr. Prosecuting Attorney INVESTIGATIONS DIVISION
Physical Abuse & Neglect Prosecutions Main Types of Physical Abuse Sexual Assaults Domestic Violence Neglect Office of Mat Heck, Jr. Prosecuting Attorney
Physical Abuse & Neglect Prosecutions Office of Mat Heck, Jr. Prosecuting Attorney
Physical Abuse & Neglect Prosecutions Sexual Assault Prosecutions Victims are usually cognitively impaired Generally occur in nursing facilities Treated as victimless prosecutions due to victim s cognitive ability Key to prosecutions is immediately preservation of physical evidence Also, the immediate gathering of a statement from the suspect Immediate reporting is key Office of Mat Heck, Jr. Prosecuting Attorney
Physical Abuse & Neglect Prosecutions Domestic Violence Prosecutions Victims are usually a parent of grandparent Generally occur in victim s homes Due to the emotional connection, support of family is critical in prosecution Also, the immediate gathering of a statement from the suspect Key is to establish an immediate rapport with victim and family Documentation of injuries and the progression Office of Mat Heck, Jr. Prosecuting Attorney
Physical Abuse & Neglect Prosecutions Neglect Prosecutions Victim usually alone or with another elder caretaker Victim s ashamed of situation and ashamed to ask for help They have an emotional connection with suspect Victim s unable to report neglect due to cognitive ability Documentation of the victims state and their living conditions are needed Rapport with the victim is key as they are often ashamed or uncooperative Office of Mat Heck, Jr. Prosecuting Attorney
Financial Crimes Investigation & Prosecution Power of Attorney Estate Investment Contractor Fraud Office of Mat Heck, Jr. Prosecuting Attorney
Financial Crimes Investigation & Prosecution 87 $1.1 million Cases Investigated Recovered $422,000.00 Office of Mat Heck, Jr. Prosecuting Attorney
Financial Crimes Investigation & Prosecution 2018 CASE DISPOSITIONS UNFOUNDED 37% APPROVED 45% REFUSED 10% RESOLVED 8% Office of Mat Heck, Jr. Prosecuting Attorney
Financial Crimes Investigation & Prosecution Office of Mat Heck, Jr. Prosecuting Attorney INVESTIGATIONS DIVISION
Financial Crimes Investigation & Prosecution Office of Mat Heck, Jr. Prosecuting Attorney
Financial Crimes Investigation & Prosecution Financial Exploitation Prosecutions Obtaining key documentation from medical and financial service providers Knowledge of family history or of suspect s history if not related Is it civil or criminal Suspects are often family or have emotional connections with victim Where the actions of the victim impaired or consensual without impairment Time investigation takes with concern to the victim s mental and physical health Office of Mat Heck, Jr. Prosecuting Attorney
QUESTIONS? Office of Mat Heck, Jr. Prosecuting Attorney
Contact Information Kerry Smoot Chief Investigator Montgomery County Prosecutor s Office 301 W Third St. Fifth Floor Dayton, Ohio 45402 937-225-4747 smootk@mcohio.org Office of Mat Heck, Jr. Prosecuting Attorney
