In Support of the Creation of an Office of Elder Justice within the United States Department of Justice and the Appropriation of Funds to Implement the Elder Abuse Victims Act
Resolution 5 In Support of the Creation of an Office of Elder Justice within the United States Department of Justice and the Appropriation of Funds to Implement the Elder Abuse Victims Act
The Conference of Chief Justices and the Conference of State Court Administrators recognize that elder abuse — including neglect and exploitation — involves complex civil and criminal issues that require a sustained and committed response by the courts. Issues such as capacity, undue influence, and consent create particular challenges to court responses to elder abuse.
The September 2010 report from the General Accountability Office and research by the National Center for State Courts highlight alarming instances of elder abuse and the unique opportunities afforded to courts to intervene in a variety of court settings to ensure justice for older Americans. In response, several state supreme courts have established task forces, commissions, or committees to recommend policies, procedures, and services that will strengthen the prevention, identification, response to, and redress of elder abuse.
There is a national need for:
- Research to determine the most fair and effective means for preventing, identifying, responding to, and redressing elder abuse;
- Training on evidentiary and legal issues related to elder abuse cases, including procedures that support the effective participation of elderly victims and witnesses, and the most effective methods for responding to and redressing elder abuse;
- Accurate and comparable data on the incidence of investigations, filings, prosecutions, and dispositions related to elder abuse.
The Elder Abuse Victims Act of 2013, as introduced, establishes an Office of Elder Justice within the U.S. Department of Justice to address issues relating to elder abuse. The Director of the Office would provide information, training, and technical assistance to assist states and local governments in preventing, investigating, prosecuting, and mitigating the impact of elder abuse.
The legislation also establishes a federal grant program to assist states — particularly state court systems — in improving the response to and redress of elder abuse, facilitating the disposition of elder justice-related cases, and enhancing coordination across justice agencies and community partners.
NOW, THEREFORE, BE IT RESOLVED that the Conference of Chief Justices and the Conference of State Court Administrators urge Congress to enact legislation to establish the Office of Elder Justice and appropriate sufficient funds to fully implement the provisions of the Elder Abuse Victims Act of 2013.
Adopted as proposed by the CCJ/COSCA Committee on Elders and the Courts at the COSCA Midyear Meeting on December 5, 2013, and the CCJ Midyear Meeting on January 29, 2014.