Protection & Advocacy Inc.

Advancing the Rights of Californians with Disabilities

LEGISLATION & PUBLIC
INFORMATION UNIT

1029 J Street, Suite 150
Sacramento CA 95814
Telephone: (916) 497-0331
Fax: (916) 497-0813
www.pai-ca.org

Abuse and Neglect Advocacy Principles

Adopted 4/15/2005

BACKGROUND

Individuals with disabilities are at a disproportionately higher risk for abuse and neglect. Conservative estimates are that people with disabilities are at least four times more likely to be victimized than people without disabilities. Individuals with an intellectual impairment are at the highest risk of victimization. Victim risk factors include social isolation, functional and cognitive impairments that limit their ability to recognize abusive behavior and verbally or physically defend themselves, communication limitations, and dependence on others to assist with personal care and activities of daily living.

Abuse and neglect of dependent adults and elders is a crime. Penal Code § 368. Yet studies show that most crimes against people with disabilities go unreported. Victims with disabilities frequently rely on others to identify and report suspected abuse or neglect. Prompt reporting and investigation of suspected or alleged abuse or neglect is essential to protect victims and to successfully prosecute and convict perpetrators.

There is no reliable statewide system in California that documents the frequency of abuse or neglect of individuals with developmental disabilities. Without accurate, specific, publicly available data, there is no means of quantifying the extent of the problem, isolating specific gaps in the abuse response system, or ensuring that individuals and entities have fulfilled their obligations.

PRINCIPLES

1.               People with disabilities should be provided with maximum protections from abuse and neglect, including expansive reporting of suspected or alleged abuse and neglect or incidents suggestive of abuse or neglect, and significant penalties for perpetrators of abuse or neglect and facilities, programs or agencies that fail to prevent abuse or neglect or respond to alleged or suspected abuse or neglect.

2.               Individuals in the abuse response and criminal justice systems must be trained regarding working with people with disabilities and the identification, reporting, and investigation of incidents of suspected abuse or neglect.

3.               People with disabilities, including victims and witnesses to abuse, neglect, or criminal activity, must be provided with accommodations to ensure equal access to investigators and the criminal justice system, and aggressive prosecution of cases.

4.               People with disabilities, family members, and advocates must be provided with training regarding abuse and neglect and accessing the abuse response and criminal justice systems.

5.               Data collection systems must be developed or enhanced to:

·       Document the incidences of crimes, abuse and neglect against people with disabilities and the outcome of investigations, including prosecution and conviction,

·       Identify areas of significant need,

·       Guide systemic reform, and

·       Evaluate the outcomes of interventions and reform initiatives.

This data, if not publicly available, should be made available to PAI pursuant to PAI’s abuse and neglect mandate.

6.               Policies and practices of state and local governmental agencies should support enhanced protections from perpetrators of abuse and neglect of persons with disabilities, including enhanced sanctions or penalties for facilities, programs or agencies that fail to protect people with disabilities from abuse or neglect and/or fail to respond to alleged or suspected abuse or neglect.

Policy #1028.01

Adopted 4/15/2005