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Ten Tips for Judicial Training on Elder Abuse
Honorable John E. Conery District Court Judge 16th Judicial District Court, State of Louisiana
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Tip 1: Determine Definition of Elder Abuse
Definitions vary Specific “elder abuse” statute Falls under “vulnerable adult” statute Can include disability Can include physical, emotional, sexual, financial, neglect or abandonment, or self-neglect Civil or criminal penalties
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Tip 2: Define Your Audience
Consider judges from all types jurisdiction courts as a possible audience for training, including but not limited to: Traffic, domestic violence, family law, guardianship, criminal and civil Magistrates, hearing officers, court referees and commissioners Both trial court and appellate court judges should receive training
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Tip 3: Get to Know Your Audience
Consider doing a needs assessment Current level of knowledge on elder abuse Issues presenting challenges before the Court Type of court jurisdiction Topics they need more info on Develop measurable learning objectives for training Plan to measure learning at end of training
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Tip 4: Plan an Elder Abuse Judicial Seminar
Request your State Judicial Educator or Training Director coordinate planning Determine block of time available If limited, suggest 1-3 hour block on upcoming judicial training If available, suggest 1-2 day more in-depth training Integrate interactive learning – roundtable discussions, small group exercises, videos, scenarios, etc.
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Tip 5: Identify Content and Materials
Research available program agendas from other state or national programs Request materials from other programs identified Incorporate pertinent statutes and case law Highlight promising practices – e.g., Elder Justice Centers, Elder Protection Court, Elder Protection Orders, etc.
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Tip 6: Use Trained Judges as Faculty
Use trained judges for specific topics and/or to lead group discussions where possible Develop structure of training as a potential “Train the Trainer” seminar Include judges from all types of court jurisdiction – elder abuse cuts across all of them
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Tip 7: Focus on the Following Topics
Elder Abuse Training should include segments on at least the following suggested topics: Definitions of Elder Abuse and overview Prevalence of Elder Abuse and need for judicial recognition and intervention The aging process, capacity, competency and consent Typical perpetrators and victims Possible causes and danger signs
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Tip 7: Focus on the Following Topics (cont’d)
Caregiver stress Power and control dynamics similar to domestic violence Undue influence Cultural issues, judicial bias and proper judicial demeanor Courtroom and courthouse accommodations Judge as catalyst for community resource co-ordination
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Tip 8: Select Final Topic(s)
Use needs assessment results and time available for training to guide final selection(s) Determine scope of focus for training For example, elder abuse issues, elder financial abuse issues or both General overview or specific topics Consider type of other faculty and expertise needed – medical, prosecution, victim services, etc.
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Tip 9: Evaluate and Revise Training
Develop a training evaluation tool to measure learning as a result of training State judicial educators can provide examples Ask what worked, suggested improvements to increase learning, additional resources, etc. Collect completed evaluations at point of training Use results to revise and improve training
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Tip 10: Stay Informed Emphasize importance of judicial training - as aging population increases, caseloads will increase Advocate for institutionalized judicial training on elder abuse Encourage passage of Elder Justice Act in Congress and access resources that may become available
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Resources and Links National Center for State Courts
The Center for Elders and the Courts for updated information and resources for courts Elder Abuse Resource Guide National Center on Elder Abuse National Council on Juvenile and Family Court Judges
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Additional Information & Acknowledgements
For additional tips, resources, and education, visit NCSC’s Center for Elders and the Courts. This program was made possible through a generous grant from The Retirement Research Foundation.
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