SANTA CRUZ COUNTY BOARD OF SUPERVISORS INDEX SHEET

Creation Date: 2/26/03

Source Code: DISAT

Agenda Date: 3I4/o3

I NVENUM : 52307

Resolution(s):

Ordinance(s):

Contract(s1: ~~

Continue Date(s): Index: --Letter of District Attorney's Office dated February 25, 2003

Item: 13. AUTHORIZED the District Attorney to submit a grant application in the amount of $1 30,000 to the Governor's Office of Criminal Justice Planning for an Elder Abuse Vertical Prosecution Program, as recommended by the District Attorney

- 000 9

County of Santa Cruz DISTRICT ATTORNEY'S OFFICE

701 OCEAN STREET, ROOM 200, P.O. BOX 1159, SANTA CRUZ, CA 95060 (831) 454-2400 Fax: (831) 454-2227 E-Mail: dao@co.santa-cruz.ca.us

Website: www.co.santa-cruz.ca.uslda1dahome.htm BOB LEE DISTRICT ATTORNEY

APPROVED AND HLED

Santa Cruz, CA 95060 DEPUTY

AUTHORIZE THE DISTRICT ATTORNEY TO SUBMIT A GRANT APPLICATION IN THE AMOUNT OF $1 30,000 TO THE GOVERNOR'S OFFICE OF CRIMINAL, JUSTICE PLANNING FOR AN ELDER ABUSE VERTICAL, PROSECUTION PROGRAM

Dear Board Members:

The Governor's Ofice of Criminal Justice Planning (OCJP) is soliciting proposals from California County District Attorney's Ofices to enhance or create specialized units to handle serious crimes against elderly and dependent adults, as defined in the California Elder Abuse Statute, Penal Code 368, and related statutes. Proposed projects may fund part-time or full-time qualified deputy district attorneys, and district attorney investigators to support this program purpose. Projects may also fully or partially fund positions contracted from other, related agencies, such as Adult Protective Services ( A W -

It is anticipated that OCJP will select approximately 15 projects for funding, with a total of $2,195,500 available statewide. Projects selected for award may be funded for a three- year period, the first year beginning April 1, 2003 and ending March 3 1, 2004. An application for continuation funding must be submitted for the second and third years. The maximum allowable annual grant award for Santa Cruz County is $130,000, based on service area population. There is no match requirement for these funds.

The Elder Abuse Vertical Prosecution Program emphasizes the vertical prosecution of all cases of elder and dependent adult victimization. In vertical prosecution units, the prosecutor or prosecution unit, makes the initial filing or appearance in a case, and performs all subsequent court appearances on a particular case through to its conclusion, including the sentencing phase. In addition, the unit is assigned highly qualified prosecutors and investigators to the specific category of cases, and the unit maintains a reduction of caseloads for its prosecutors and investigators.

WATSONVILLE OFFICE JUVENILE HALL OFFICE C P.O. BOX 228 FREEDOM, CA 95019 Cl P.O. BOX 1812 SANTA CRUZ, CA 95061

1430 FREEDOM BLVD. 3850 GRAHAM HILL RD. WATSONVILLE, CA 95076 FELTON, CA 95018 TEL: (831) 763-8120 FAX: (831) 763-8029 TEL: (831) 454-3800 FAX: (831

0010

Board of Supervisors Agenda: March 4,2003 Elder Abuse Vertical Prosecution Grant Application Page 2

Vertical prosecution increases the quality of the case, and results in the victim not having to revisit the pain and suffering as they tell their story to a series of prosecutors; it gives the victim the comfort of knowing whom to call in case of a problem, and also benefits prosecutors as they develop a rapport with, and the trust of, the victim. In addition, vertical prosecution enables an agency to devote resources to special training for prosecutors who will handle these cases.

Elder abuse is defined as any willfbl act perpetrated against a person 65 years of age or older, or a dependent adult between the ages of 18 and 64 who has incapacitating physical or mental limitations, in which the elder or dependent adult is subject to physical pain or mental suffering, or is knowingly permitted to suffer such that his or her person or health is endangered. This includes financial exploitation or fiduciary abuse by a caregiver or person in a position of trust.

Approved projects are required to maintain a signed operational agreement with the OCJP fhnded VictimNitness Assistance Program, and work closely with other agencies that provide services focused on elder abuse advocacy and outreach, such as the Human Resource Agency's Adult Protective Services unit.

The proposed project for Santa C m County provides enhanced services to the APS unit's Financial Abuse Specialist Team (FAST) program, which targets eldeddependent adult financial abuse. Grant knds will be used to support 35% of the costs of an experienced deputy district attorney, 600h of a district attorney investigator, and 35% of an APS social worker. In addition to limited operating costs, the budget does include the recoupment of indirect costs at the flat rate of 5% of total direct project costs excluding equipment. There is no increase in net county cost associated with this grant application.

Deadline for submission of the application for hnding is March 5,2003. A copy of the complete application will be on file with the Clerk of the Board for your review. If approved for finding, the District Attorney's Ofice will return to your Board with the required financial documents for the receipt and expenditure of fbnds.

IT IS THEREFORE RECOMMENDED that your Board authorize the District Attorney to submit a grant application in the amount of $130,000 to the Governor's Ofice of Criminal Justice Planning for an Elder Abuse Vertical Prosecution Program.

Sincexely, I

District Attorney

h

001 1 Board of Supervisors Agenda: March 4,2003 Elder Abuse Vertical Prosecution Grant Application Page 3

RECOQfhfENDED: ,

S U S M A . MAURIELLO County Administrative Oficer

cc: County Administrative OEcer Auditor-Controller District Attorney Human Resource Agency

h

I OCJP - ELDER ABUSE VERTICAL PROSECUTION PROGRAM

Fiscal Year = April 1,2003 - March 31, 2004

PLANNING BUDGET $ 130,000 I I Annual S 1

A. Personal Services - SalariedEmployee Benefits I 0.25 FTE Assistant District Attorney

Annual Salary of On-call pay 256 hours x S2.OOhr.

Annual PERS Retirement of Annual OASDI of Annual Employee Insurance of

S 101,384

Subtot:

s 3,204 $ 6,864 t 9,062

Subtot:

I- 0.10 FTE Assistant District Attorney

Annual Salary of On-call pay 256 hours x $2.001hr

Annual PERS Retirement of Annual OASDI of Annual Employee Insurance of

l- 0.50 FTE InsDector II

Annual Salary of

$ 116,719

s s

3,683

s 7,086 6,201

Subtoti

Subtoti

$ 78,666 Subtot;

Annual PERS Retirement of Annual OASDI of Annual Employee Insurance of

s 2.745 t t 5,635

Subtot;

I 0.10 FTE lnsnector I I

Annual Salary of

Annual PERS Rebrement of Annual OASDI of Annual Employee Insurance of

$ 78,522

s 2,740 S s

1,139 4,315

Subtoti

Subtot

TOTAL SALARIES a BENEFITS

JBTOTALS

$25.346 $1 2e

$801 $1,71€ $2,26E

$1 1.67; $5 1

$36€ $7E $6X

$39.33:

$1.37: $(

52.81t

57.85:

$271 $111 $43:

FY TOTAL

$25.474

54.783

$11,723

51,697

$39.333

54,191

$7,851

$820

,$95,87:

1

OCJP -ELDER ABUSE VERTICAL PROSECUTION PROGRAM 1 crrl Yra. Aar i l I. 2003 -March 31.20041

LANNiNG BUDGET = 0 130,000 I Annuals 1

BUDGET CATEGORY AND LINE-ITEM DETAIL . Operating Expenses

1. Trainina Reauirements: OCJP Conference

Al Reoistration for 2 staff @ $200 each Bj Lodging for 3 days Q$GO/day X 2 staff C) Per diem for 3 days @ $42 lday X 2 staff

2. Professional Services - APS Social Worker

Annual Salary of

Annual PERS Retirement of Annual OASDI of Annual Employee Insurance of

Subtotal

0.35 E S 63,051

Subtot t 637 s s

4,823 6,480

Subtot

3. Countv Overhead An amount, not to exceed 5% of the actual total direct project costs, excluding equipment.

TOTAL OPERATING EXPENSES

IBTOTALS

$400 $600 $252

$22,068

$223 $1,688 $2.268

- - FY TOTAL

$1.25

S22,06

$4.17

%,IS

$34,127

13

OCJP - ELDER ABUSE VERTICAL PROSECUTION PROGRAM

Fiscal Year = April 1,2003 - March 31,2004 :

1 PLANNING BUDGET = $ 130,000 I

I Annuals 1 I

C. Equipment I NO EQUIPMENT

I EQUIPMENT TOTAL TOTAL ALL CATEGORIES

UBTOTALS FY TOTAL

$c

COUNTY OF SANTA CRUZ OFFICE OF THE DISTRICT ATTORNEY

Inter-Office Correspondence

DATE: March 6,2003

TO: Clerk of the Board

FROM: Fred Noh, Chief of Administration

SUBJECT: Attachment

Please file the attached Grant Application with Board of Supervisors Agenda item #13 , March A, 2003.

Thank you.

STATE OF CALIFORNIA GRAY DAVIS, Governor

OFFICE OF CRIMINAL JUSTICE PLANNING 1130 K STREET, SUITE 300 SACRAMENTO, CA 95814 (916) 324-9100

PROPOSAL COVER SHEET

RFP PROCESS

ELDER ABUSE VERTICAL PROSECUTION PROGRAM

Deliver to Victim Witness Branch

Submitted by:

Santa Cruz County District Attorney’s Office 701 Ocean Street, Room 200

Santa Cruz, California 95060

(83 1) 454-2400

(^ICE OF CRIMINAL JUSTICE PLANNIN -‘OcJP A301) GRANT AWARD FACE SHEET

The Office of Criminal Justice Planning, hereafter designated OCJP, hereby makes a grant award of funds to the following Administrative Agency (1) COUNTY OF SANTA CRUZ hereafter designated Grantee, in the amount and for the purpose and duration set forth in this grant award. (1) Implementing Agency Name SANTA CRUZ COUNTY DISTRICT ATTORNEY Contact BOB LEE Address 701 Ocean Street. Room 200. Santa Cruz. CA 95060

Telephone (831) 454-2400

(3) Project Title (60 characters mzximum) (6) Award No.

ELDER ABUSE VERTICAL PROSECUTION P R O G W V I

(4) Project Director (Name, Title, Address, Telephone) (four lines maximum)

(7) Grant Period April 1,2003 - March 31,2004

BOB LEE, DISTRICT ATTORNEY 1 (8) Federal Amount 701 OCEAN STREET, ROOM 200 SANTA CRUZ, CALIFORNIA 95060 (831) 454-2400 (9) State Amount

$130,000

(5 ) Financial Officer (Name, title, Address, Telephone) 0 (four lines maximum)

(10) Cash Match

ERIC SEIB 1 (11) In-kind Match 701 OCEAN STREET, ROOM 200 0 SANTA CRUZ, CALIFORNIA 95060 (831) 454-2400 (12) Total Project Cost

$130,000

1 tem:

(3hapter:

PCANo.:

,c:omponentsNo.:

3oject No.:

hount :

.3plit Fund:

jplit Encumber:

fear:

Ted Cat. # . :

~vlatch Requirement:

Tund:

3ogram:

3egion:

This grant award consists of this title page, the proposal for the grant which is attached and made a part hereof, and the Assurance of Compliance forms which are being submitted. I hereby certify that: (1) I am vested with authority to, and have the approval of the City/County Financial Officer, City Manager, or governing Board Chair, enter into this !;rant award agreement; and (2) all funds received pursuant to this agreement will be spent exclusively on the purposes specified. The grant recipient signifies acceptance of this grant award and agrees to administer the grant project in accordance with the statute(s), the Program Guidelines, the OCJP Grantee Handbook, and the OCJP audit requirements, as stated in this Request for Proposal (RFP) and Request for Application (RFA). The grant recipient further agrees to all legal conditions and terms incorporated by reference in this RFPIRFA.

FOR OCJP USE ONLY

Y

I

Name: BOB LEE

Title: DISTRICT ATTORNEY

Address: 70 1 Ocean Street, Room 200 Santa Cruz, CA 95060

Telephone: (83 1) 454-2400

Date: March 5, 2003

I hereby certify upon my o m personal knowledge that budgeted h d s are available for the period and purposes of this expenditure stated above.

Fiscal Ofher, OCJP Date

Executive Officer, OCJP Date

PREFERENCE POINTS CERTIFICATION

Use this formcrt gone is not provided by the Lead agency.

DATE:

TO: GOVERNORS OFFICE OF CRIMINAL JUSTICE PLANNING

FROM: Community Contact Enterprise Zone Program

SUBJECT: PREFERENCE POINTS

(check only one box)

0 (5%) The applicant named below has targeted this enterprise zone for . .

grant-related activities.

(2%) The applicant named below has not specificalfy targeted this enterprise zone for . .

grant-related activities. However, the applicant provides needed services to residents of this community.

- .

Applicant Name: Santa Cruz County Dlstr ict Attorney's Office . .

Project Name; Elder Abuse Vertical Prosecution Program

Address: PO Box 1159, Santa Cruz CA 95061-1159

program zone: City of Watsonville

I certify that I have reviewed the proposed requirements for preference points as required 7082.

Print Name cfEntsrprise Zone Contact

- - . Laura E.S. Gallardo -

Wgnature denterpgse Zone Contact

project and that it meets the eligibility by California Government Code Section

Sr. Administrative Analyst Title

February 25, 2003 Date

C i t y of Watsonville Name of Enterprise Zone Agency

PO Box 5000 Watsanville. CA 95077-5000 'Address

Telephone Number 1831 ) 728-6014

1

PROBLEM STATEMENT

a. Describe the problem of elder and dependent adult abuse that will be addressed.

Prior to the enactment of SB 21 99 in 1999, reported cases of elder andor dependent adult abuse were

virtually non-existent in Santa CIUZ County . Instances involving such were routinely erroneously classified,

by unknowing and untrained law enforcement personnel as "civil matters," not the subject of criminal

prosecution. Consequently, reports were either not taken or not forwarded to the District Attorney's OEce

(DA) for review. As a result, many instances of criminal conduct against elders and/or dependent adults,

including financial abuse, neglect, and emotional abuse and to a lesser extent, physical abuse went unreported

and unprosecuted. Reasons for this situation included a lack of protocols for response andor coordinated

efforts between multiple countywide services and law enforcement and no uniform training program in place

to educate law enforcement regarding the recognition and appropriate response to elder and/or dependent

adult abuse. This led to an extremely inefficient approach to identifling, investigating and ultimately

prosecuting perpetrators of crimes against the elderly and/or dependent adults. For instance, crucial

information about a perpetrator might be well known to one county agency, but not to the law enforcement

agency, thereby hindering the investigation, and at times, resulting in no report.

b. Describe the service area, sue, population and social factors.

Santa Cmz County is situation on the northern tip of Monterey Bay, 65 miles south of San Francisco.

There are four incorporated cities within Santa Cruz County with a total population of 258,500.

Approximately 25, 000 are over the age of 65 and close to 10,000 are considered dependent adults. Per

capita personal income is $26,396, with a median income of $53,998.

c. Describe the county's elder and dependent adult population and trends.

The cost of living has dramatically increased in Santa Cruz County over the last five years, making it one

of the most expensive counties in California (and in the nation) in which to live. Employment opportunities

have declined with the downturn on the economy, especially in the high tech industry. As a result, many

3

....

~ ~~~ ~~

=- ~-

younger families and wage earners have been forced to relocate. Those who purchased homes many years

ago (i.e., elders) are leR without the traditional support offered by extended family. This trend is continuing

at an alarming rate in Santa Cruz County due to the economic factors mentioned above. The county's

dependent adult population is also o n a dramatic rise. As money for programs serving dependent adults

becomes scarce, the burden for caring and providing for these persons falls on family members, any of whom

are themselves quite elderly and are too frail to care for others. Without family support, critical care needs

fall to in-home support service agencies. Inviting caregivers into the home, especially without supervision,

can create an environment ripe for exploitation.

d. Describe the weaknesses of the current resources that may be enhanced by the project.

Budgetary cutbacks have decimated staff positions at agencies that provide services essential to the

protection of elders and dependent adults. Last March, Santa Cruz voters repealed a countywide utility tax

that previously had provided almost $8,000,000 towards the county budget. Faced with this loss of revenue,

the county slashed over 90 positions from social services in the budget year 2002-2003. Adult Protective

Services (APS), charged with first response for cases involving elder and dependent adult abuse, lost almost

50% of its staff, including two "initial response social workerhnvestigators." With a statewide budget crisis

and the subsequent hiring freeze, the DA's Ofice is down 4 investigator positions, severely limiting the

ability of that ofice to initiate investigations.

e. Use of local crime statistics to illustrate elder and dependent adult crime problem.

Crimes of abuse directed against the elderly and dependent adults have always occurred although until

relatively recently, reporting, investigation and prosecution thereof was, at best, hit and miss. With the

passage of SB 2199 in 1999 (i.e., mandated reporting of these crimes), the numbers of reported cases has

risen dramatically. In 1999, 437 cases of eider and dependent adult abuse were reported to APS. That

number rose to 608 cases for 2002. This 39% overall increase can be attributed directly to the mandated

reporting requirements, the increased awareness by mandated reporters and law. enforcement to the existence

4

of the problem, as well as the fact that the DA's Office has made a firm commitment to treat these types of

violations seriously and prosecute them to the hllest extent of the law.

f. Discuss current state of collaborative efforts to combat elder and dependent abuse in the county.

Recognizing the need for a coordinated countywide approach to address crimes directed against elders

and dependent adults, Santa Cruz initiated a "FAST" team (Financial Abuse Specialist Team) in 2001.

Multiple county agencies that deal with issues involving elders and dependent adults entered into a

memorandum of understanding (MOU) to collaborate in the sharing of information and tracking of cases.

Law enforcement is included with a designated representative fiom each of the departments. The FAST team

meets regularly to keep abreast of new cases as well as track developments in on-going cases. This

coordinated approach has enhanced the ability to act quickly and effectively to prevent loss as well as the

quick apprehension of perpetrators. Since its inception in 2001, the FAST team has been responsible for

recovering and/or preventing the loss of about $28,000,000 in property and assets.

g. Discuss law enforcement efforts in the county to combat elder and dependent abuse.

With the creation of the FAST team, law enforcement recognized that a coordinated, combined effort

was essential to effectively combat elder and dependent abuse. A primary contact person was designated by

each agency to participate at the FAST meetings. Participating reporting county agencies contact this person

to initiate investigations occurring within that department's jurisdiction. That person coordinates the

investigation with APS and the DA prosecutors.

5

PLAN

a. Describe the project's plan to impact the problem.

In 2001 Santa Cruz County in conjunction with Adult Protective Services (APS) , Public Guardian, the

District Attorney's Office @A's Office), the Sheriffs Office, County Counsel's Ofice, all city police departments,

the Ombudsman's Office created a Financial Abuse Specialist Team (FAST) to handle incidents of financial abuse

md/or neglect regarding elder and dependent adults. It was believed that a comprehensive, multi-agency

approach would best provide for immediate coordinated responses to incidents of abuse and insure that the

investigative efforts were not duplicated. Due to the complex and time consuming nature of these cases, a

./ertical prosecution model was adopted to insure that the already vulnerable victims did not have to retell their

;tory to a series of different prosecutors. Vertical prosecution had the additional benefit of getting the prosecutor

nvolved in the beginning which allowed a personal rapport and trust to be built with the victim.

FAST participants agreed to cross report incidents of abuse to the appropriate agency, to participate in

regular multi-agency meetings to review cases and to coordinate new interventions and develop investigations.

This approach, using a vertical prosecution model, not only insured that the case would be hlly investigated with

minimal delay but greatly minimized the victim's exposure to the criminal justice system as well as greatly

increased the quality of the case and the likelihood of a successfid prosecution.

The success of this approach is evidenced by the FAST'S ability to prevent the loss of over $28,000,000.

in property and assets during the two years of the team's existence. .

The District Attorney's Office intends to continue to use this same approach to prosecute all forms of elder

and dependent abuse, whether it be financial, physical, emotional or neglect. Cases of physical elder abuse will

be vertically prosecuted by a member of the Family Protection Unit. The same prosecutor will handle the case

from arraignment through sentencing to give the victim and family members consistency and accessibility. The

Family Protection Unit will participate and share information with the FAST team.

6

The project will allow the District Attorney's Ofice to fund two part time qualified assistant district

attorneys to prosecute these cases as well as fund two part time district attorney investigators to investigate

t'lese cases. It will also provide fhding for a part time Social Worker from A P S which will enhance the initial

rzferral and investigative process .

Continuing training and education presentations will be made to participating investigative agencies to

cnhance the group's ability to effectively and successfblly identiQ, investigate and prosecute cases of this nature.

I'ublic presentations to community groups will be made to address the issues that arise in elder and dependent

2.buse cases as well as provide information about what resources are available to assist the elders.

1). Describe the qualifications and training of project staff

The prosecutors assigned to this project are very experienced and well qualified to handle elder and

dependent adult abuse cases. They have a combined total of approximately 35 years felony prosecutorial

experience, including an emphasis on elder financial abuse and neglect as well as elder physical abuse. The

;~rosecutors have attended numerous specialized CDAA training seminars on elder and dependent adult abuse

1s well as those involving sexual assault, domestic violence and all types of fraud. The prosecutors have given

:raining seminars on elder and dependent abuse to participating county agencies, law enforcement and community

Zroups. All have experience in coordinating victim services, perpetrator treatment and community coalition

juilding.

The investigators assigned to this project are seasoned investigators with a combined total of over 30 years

law enforcement experience between them including an emphasis in handling all types of major felonies and fraud

cases. They have attended CDAA and POST training seminars

regarding the identification, documentation and reporting of elder and dependent adult abuse.

A P S personnel are all highly qualified to handle cases involving elders and dependent adults. Most have

a minimum a four year degree in,addition to more than 15 years practical on the job experience in dealing with

7

elders and dependent adults, Supervisors have masters degrees and several are licensed. All are receiving on

Loing training specific to issues dealing with elder and dependent adult abuse.

c. Provide a quantitative measure,for each objective

1. Since the creation of FAST in 2001, the DAIS Office has used "true vertical prosecution" to prosecute

Iiolations of PC 368 and related charges that pertain to financial fraud and neglect. The DA's Office will

continue to use "true vertical prosecution" for these crimes. Crimes against the elderly involving physical

Xiolence will be prosecuted by the Family Protection Unit. This unit will use a ''major stages" form of vertical

prosecution.

100% of elder financial abuse and neglect will be prosecuted using ''true vertical"

100% of elder physical abuse will be prosecuted using ''major stages"

0% of elder and dependent abuse will be prosecuted using "unit1'

2. The DA's Oflice recognized that cases involving elder and dependent adult abuse are extremely

important cases and has committed to prosecuting these cases to the hllest extent of the law. These cases are .

often very complex and time consuming, involving everything from victims who may not wish to cooperate or

imply may not understand the nature of their victimization to understanding complicated financial documents.

4ccordingly, the average case load for prosecutors and investigators handling these types of cases is no greater

-:han two thirds that of a non-grant prosecutor or investigator.

Projected Baseline Data from July 1 2002 through June 30 2003

a. The average yearly caseload for non grant investigators is 70

b. The average yearly caseload for non grant prosecutors is 75

c. The projected yearly caseload for a EAVP investigator is 35

d. The projected yearly caseload for a EAVP prosecutor is 15

a

n

-.

-. 3 . Cases involving elder and 'dependent adults are generally initiated by contact with

one of the following agencies, APS, Ombudsman's Ofice, Senior Services or law enforcement. If a case

is referred for prosecution, the Victim Services Unit in the DA's OEce also makes contact with the victim

to insure that there are no unmet needs of the victim. Personnel for all of these agencies are trained to

identlfy what services the elderly victim may be in need o f . Within 7 days of receiving a case,of elder or

dependent abuse into the unit or charging the case, 100% of all victims will be referred to the appropriate

victim services.

4. The Victim's Services Unit receives a copy of every police report generated that contains the name

of a victim. Within two days receipt of the report, the unit makes contact with the listed victim, by phone

or in person, to determine what if any assistance might be needed. In addition to the prosecutor, the unit

will make the victim aware of any court hearings as well as he custodial status , . of the defendant. On going

contact, at least once every 30 days, will be maintained with the victim throughout the case to give them

case updates and to insure that there are no unmet needs. If warranted, referrals can be made to other

agencies to provide appropriate services.

d. Detail the activities to show how each objective will be met

When cases of elder or dependent adult abuse are referred to the District Attorney's Ofice, all financial

abusdneglect cases will be prosecuted vertically while all physical abuse cases will be prosecuted using "major

stages" prosecution. The prosecuting attorney will, in conjunction with the referring agency or the Victim

Services Unit, contact the victidor family and keep them informed of the court proceedings and case status.

Given the complexities of these cases and vulnerability of the victims, caseloads for the prosecutors and

investigators handling the cases have been significantly reduced, by over a third, compared to the prosecutors

handling non-vertical felony caseloads. This reduction, coupled with the use of vertical prosecution increases

9

the quality of the case, prevents the victim from having to retell their story to a series of prosecutors, provides

consistency and allows the prosecutor to build a rapport and trust with the victim.

Each investigative agency will be instructed that they are to immediately provide the Victim Services Unit

vith the name, address and phone number of each victim of elder and dependent abuse that is contacted. The

'Victim Services unit will contact the victim within 2 days of receiving this information to insure that there are

10 unmet needs. They, in addition to the prosecutor, will make sure that 100% of the victims are referred to

lppropriate victim services and keep the victims informed about the court proceedings. They, in addition to the

posecutor, will maintain contact with the victim no less than once every 30 days.

10

IMPLEMENTATION

e. Describe the project's ability to implement the plan.

The FAST Team and the Family Protection Unit work together to address all types of elder abuse: physical,

f nancial, sexual, emotional and neglect. The fiamework provided by these two teams allows them to successhlly

inplement the elder Abuse Vertical Prosecution Program. All participating county agencies and law enforcement

Ere already operating pursuant to an MOU for coordinating the investigation and prosecution of crimes involving

cider and dependent adults. These teams will provide not only special attention, but also the consistency that only

llertical prosecution can provide. Therefore, there will not only be an exchange of information, bu the ability to

investigate abuses that might otherwise remain unreported and the ability to respond quickly to stop the abuse

and put the perpetrator behmd bars. Both teams fiequently speak at community service groups, law enforcement

:.raining, and service provider groups, not only educating the community, but resulting in more referrals.

f. Describe the working relationships with other agencies.

The FAST Team and the Family Protection Unit have established relationships with law enforcement and

~arious service providers in the community. Some examples: Adult Protective Servic,es, various Senior Centers,

Walnut Avenue Women's Center, Defensa de Mujeres, Women's Crisis Support and the Santa Cruz Probation

Department. When difficulties arise with the provision of services to this vulnerable population, task force

meetings take place for the purposes of problem solving. .Information is immediately disseminated throughout

these teams and the task force, and each agency is willing to assist with investigation.

g. How well do the operational agreements depict these working relationships?

The operational agreements accurately depict the working relationships. However, we consider ourselves

fortunate that the agencies involved in this project often go beyond the four comers of these agreements in order

to provide the services necessary for these vulnerable populations.

h. How well do news articles or media coverage depict elder abuse vertical prosecution?

News articles covering cases of elder or dependent adult abuse have been favorable in depicting the efforts

11

made by the reporting agencies as well as law enforcement in their efforts to investigate and prosecute crimes

cf this nature. There have been articles of a general informational nature regarding elder abuse, as well as case . ,

s2ecific articles that acknowledge the pivotal role that the prosecutor plays in investigating and prosecuting these

cases.

i. Describe the current or previous vertical prosecution of elder abuse.

The current prosecution of elder physical abuse begins when the case is filed by either the FAST team or

the Family Protection Unit. Contact is made with the victim and/or the victim's family with regard to the filing

of the case. The vertical prosecutor then reviews the case for the purposes of determining whether or not further

investigation or other referrals are necessary, A plea offer will be made to the defense where appropriate and,

'f an offer is rejected by the defense, a preliminary hearing and/or a jury trial will proceed. At the time of

:onviction, issues ofjail t i e , rehabilitative programs and restitution for the victim will be addressed. The victim

mdor the victim's family will be kept abreast of the latest developments in the case, especially with regard to any

plea bargaining. Repeat offenders will be dealt with in the most serous manner available under the law.

j. Discuss method of referrals for victim services.

Cases of elder and dependent adult abuse are unique in that there are a number of county agencies

specifically tasked to interact with these persons on a regular bases (i.e., Ombudsman's Ofice, Public Guardian's

Office, and Adult Protective Services). Personnel from these agencies are also mandated reporters and will

initiate referrals not only to law enforcement but to appropriate victim service agencies. Additionally, these

agencies will make referrals to the District Attorney's Ofice Victim/Witness Assistance Center. This unit

provides additional advocacy on behalf of elders and dependent adults, ensuring that their needs are being met

while their cases proceed through the criminal process.

k. Include Organizational Charts, current and proposed, showing the location and structure of the project within the organization.

See attached.

12

-

County of Santa Cruz 2003/2004 Elder Abuse Vertical Prosecution Program

Budget Narrative

The resources requested in this application will provide direct support to project operations

(luring the period of April 1, 2003-March 31 , 2004. The budget will directly support the objectives

m d activities discussed in this application by financing the program's staffing and operational

>osts, but no equipment costs. Administrative or overhead costs to the grant are limited to 5% of

:otal direct project costs and the'requested resources are primarily allocated to personnel salary

and benefits.

Personal services costs of $95,873 are being allocated to two prosecutors (a total of .35

FTE ), and two investigators (a total of .60 FTE). The budget allocations have been made in

response to available funds and anticipated caseloads. The allocation $26,247 for a Social

Worker from Adult Protective Services (APS) as a consultant will allow for the enhancement of the

referral, investigation and vertical prosecution of elder and dependent adult victimization in Santa

Cruz County. The balance of $7,880 is allocated for operating expenses, limited to OCJP-

mandated trainingkonference requirements, minimal overhead cost and the required audit.

The two prosecutors assigned to this program have an approximate combined total of 35

years of prosecution experience, including various types of fraud and major felonies. They will

apply their vast experience to concentrate their prosecution efforts and resources on individuals

that are accused of serious crimes against the elderly or dependent adults as defined in PC 5 368

and related statutes.

The two assigned investigators have an approximate combined total of 30 years of

investigation experience including experience in fraud and major felonies. They will provide

investigative and trial preparation support to the assigned prosecutors.

Project funded staff duties and time commitments are assigned with the intent of

emphasizing our ofice's focus on the investigation and vertical prosecution of crimes against elder

and dependent adults. Although we do anticipate that project staff will be committed at times to

other efforts, this project will allow them to increase their efforts in relation to this type of crime.

We do not anticipate any unusual expenditures. However, as discussed above, we will sub-

contract one .35 FTE Social Worker from APS to enhance our efforts.

Mid-year salary adjustments are reflected in the proposed budget and are based on

scheduled step increases and/or changes in county pay rates as agreed to by employee

bargaining units and the County Board of Supervisors.

13

BUDGET CATEGORY AND LINE ITEM DETAIL i. Personal Services - Salaries/Employee Benefits

- .25 FTE Assistant District Attorney

Annual salary of On-call pay: 256 hrs x $2.OO/hr

Annual PERS retirement Annual OASDI Annual employee insurance

- .10 FTE Assistant District Attorney Annual salary On-call pay: 256 hrs x $2.00/hr

Annual PERS retirement Annual OASDI Annual employee insurance

- .50 FTE Inspector I1 Annual salary

Annual PERS retirement Annual OASDI Annual employee insurance

.10 FTE Inspector I1 Annual salary

Subtotal

Subtotal

Subtotal

Subtotal

Subtotal

Subtotal

Subtotal Annual PERS retirement Annual OASDI Annual employee insurance

Subtotal

TOTAL SALARIES AND BENEFITS

14

Annual

$101,384

$3,204 $6,864 $9,062

$1 16,719

$3,683 $7,086 $6,20 1

$78,666

$2,745 0

$5,635

$78,522

$2,740 $1,139 $4,3 15

Subtotals

$25,346 $128

$801 $1,716 $2,266

$1 1,672 $5 1

$368 $709 $620

$39,333

$1,373 0

$2,8 18

$7,852

$274

$1 14 $432

COST

N Total

$25,474

$4,783

$1 1,723

$1,69;

$39,333

$4,191

$7,852

$82C

$95,873

BUDGET CATEGORY AND LINE ITEM DETAIL,

I I A n n u a l . Operating Expenses

Training Reauirements

O C P Conference

A. Registration for 2 staff @ $200 each

B. Lodging for 3 days @ $1 OO/day x 2 staff

C. Per diem for 3 days @ $42/day x 2 staff

,. - Consultant - A P S Social Worker .35 FTE

Annual salary

Subtotal

Annual PERS retirement

Annual OASDI

Annual employee insurance

Subtotal

I. County Overhead

An amount, not to exceed 5% of the actual project costs, excluding equipment.

L Audit

$63,05 1

$63 7

$4,823

$6,480

Subtotals

$400

$600

$252

$22,068

$223

$1,688

$2,268

TOTAL OPERATING EXPENSES

15

COST

;Y Total

$1,252

$22,068

$4,175

$6,19C

$43 I

$34,12'

BUDGET CATEGORY AND LINE ITEM DETAIL :. Equipment

No equipment

CATEGORY TOTAL

PROJECT TOTAL ,

FUNDS DISTIU33UTION FEDERAL

1. Amount of Funds

2. Percentage of Funds

OCJP-AM3c (Rev 7/97)

16

STATE CASH

MATCH

COST

FY Total

$0

$13 O,OO(

IN-KIND MATCH

0

0

ELDER ABUSE VERTICAL PROSECUTION

press Releases and News Articles t Organizational Charts t . Operational Agreements t Project Service Area Form

Additional Signature Form

A

J

h

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October 11, 2002

Freedom'nursing home may lose license

Care facility accused of taking $652,000 from resident with dementia

By JEANENE HARLICK Sentinel staff writer

A Freedom residential care home could lose its license as soon as today for allegedly taking $652,000 from an elderly female resident, who suffers from dementia.

According to the state Department of Social Services, Freedom Manor, a 10-bed home on Airport Boulevard, arranged for a loan of $652,000 from a resident to owner Cheryl Ravago.

The department is considering what action to take against the care home, but license revocation is likely, said John Gordon, spokesperson.

"It's very possible," he said. "This is a pretty severe case."

An attorney representing Ravago denied the accusation.

"There has never been any wrongful transaction between my client and anybody in her care," said Tom Carlucci of Foley and Lardner law firm in San Francisco. "The loan in question was secured by a deed of trust. ... A t no t ime was the resident's money ever at risk."

A revoked license would shut down the care home, Gordon said. The department would work with residents and their family members to find places in other facilities, he said, but whether they would be removed immediately if the license was revoked was not clear.

MOVIE T:

The county's long-term care ombudsman referred the case to the state. The office could not comment on the case because of

Freedom nursing home ma, se license Care facility accused of tak' . $652,000 from res ... Page 2 o f4

confidentiality laws.

The District Attorney's office also could not comment because it still is investigating the allegations, said Bill Atkinson the assistant i

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However t h e case likely will turn on whether prosecutors can prove bwatsonl the Freedom Manor resident did not have the mental capacity to b Capitols approve the loan, said Dave Genochio, an assistant district attorney bAptos who prosecutes elder abuse. Whe the r Ravago exerted u n d u e pressure on the resident also will come into play, h e said.

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The County Counsel's Office believes the woman's mental capacity is such that she's unable to make financial or medical decisions, said Tamyra Rice, assistant county counsel. The office has placed the woman under a temporary conservatorship, with the county acting as conservator, she said.

"If you asked her today (about what happened), she would have no understanding, which is exactly why she's as vulnerable a s she is," Rice said.

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"This is a typical financial abuse case, and it's very sad. It's an JDAM example of how our elders are being preyed upon by the people who are supposed to be taking care of them." '. d His Heil -

The elderly woman's relatives are scattered throughout the state, dAptos with none close by, Rice said. They have been notified of the incident by ChrislS and are working with the office to resolve the situation, Rice said.

Ragado's lawyer said the care home owner needed the loan to Acts by set purchase a piece of property. The loan was secured by a deed of trust against the property in question, the value of which exceeded d Fear by the loan amount, Carlucci said.

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According to Carlucci, the resident's lawyer approached Ravago and iceburn

asked Ravago to borrow money from the resident instead of from a financial institution. The loan was a better investment of the d Moral R resident's money because it yielded a 5 percent interest return vs. the 2 percent she would have received from a CD investment, Carlucci said.

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Voice of RE

ADS ONL

While the circumstances of the Freedom Manor case are unusual, financial abuse of the elderly is not. The District Attorney's Office has *'I f ) 1 1 several cases pending, Atkinson said. And financial abuse makes u p 30 percent of complaints to county adult protective services, said L Don Allegri, department director. The number of valuable houses in Now the area makes local residents especially vulnerable to exploitation, Sentir

h e said. ads

"The crooks are lining u p to take advantage of these seniors," Genochio said. "It kind of breaks your heart."

In May an 88-year-old Soquel women was bilked of more than

http://www.santacruzse1~tinel.com/arcl~ive/2002/0ctober/l l/local/stories/021ocal.htm . .--: I. 2/20/2003 .~~

-

&eedom nursing home may e license Care facility accused of taki ---?652,000 from res ... Page 3 of 4

$25,000 and a car by two careworkers. One was sentenced to a year and the other to 120 days in jail after pleading guilty.

Cases often involve caretakers who win t h e t rus t of seniors and build dependency before asking seniors to sign over assets, Genochio said. The caretakers often persuade victims into giving abusers power of attorney, which allows abusers to make financial or medical decisions on seniors' behalf.

Family members also are common perpetrators of financial elder abuse, Atkinson said.

Elder abuse in .residential care facilities is poorly tracked, according to expert testimony before the U.S. Senate Committee on Finance in J u n e . There are no federal regulations governing the care of the nearly 1 million residents living in care facilities throughout t h e nation, said Catherine Hawes, a professor of health policy a t Texas A&M University.

As a result, the government does not collect information on facility care, even though an estimated 40 percent of residents suffer from cognitive impairment such a s Alzheimer's disease, Hawes said.

Residents also often fear retaliation and do not report abuse, she said.

"Information on the nature and extent of abuse ... is nonexistent with respect to board and care homes," Hawes said.

Contact Jeanene Harlick at jharlick@santa-cruz. corn.

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May 11, 2002

Local embezzlement cases highlight elder abuse By JASON SCHULTZ Sentinel staff writer

SANTA CRUZ - Prosecutors next week expect to sentence the second of two caretakers caught bilking an 88-year-old Soquel woman out of thousands of dollars.

One woman forged more than $15,000 worth of checks, while a male caretaker tricked the victim into giving him $10,000 and a car. Investigators believe the two worked independently of each other.

Prosecutors, who were in court Friday hoping the j.udge would sentence the man, say the elderly woman's case is an all-too- .

common example of financial exploitation of the elderly.

Sandy Skezas of county Adult Protective Services reported that in the past 15 months, her agency has received 139 reports of someone financially exploiting an elderly person.

But it's a problem prosecutors and the county District Attorney's Office say they are fighting hard to control.

A double betrayal William Brent Baker, 40, of Soquel, is expected to be sentenced to a year in jai l on Friday after pleading guilty earlier this month to elder abuse.

Prosecutor Dave Genochio said Baker was living in the home of the 88-year-old Soquel woman, when he took advantage of her kindness - and inability to comprehend what was going on around her. MOVIE T:

I n January, Baker persuaded the woman, whose name was withheld

http://www.santacruzsentinel.com/archive/2002/May/l l/local/stories/O1local.htm -- 2/20/2003 7Fe:

~~~~ ~~~ ~ __ ____ ~~~ ~ ~

- LloGal embezzlement cases .llight elder abuse By JASON SCHUL ~- SENTINEL STAI ... Page 2 of 4

at her family's request, to give him a $5,000 loan, Genochio said. A few days later, Baker tricked the woman into writing him a $3,000 check, then a check for $2,000, Genochio said.

Baker took the last $2,000 and returned it to the victim, convincing her he was repaying part of the $5,000 loan. Because of the victim's age, she had trouble comprehending things and did not remember giving Baker the $2,000 he used to pay her back, according to Genochio.

Baker also persuaded the woman to transfer title to her car to him. The deceptions unraveled when Baker also had the victim sign over power of attorney. Baker then took the victim to her bank, World Savings, and persuaded her to ask that $25,000 be moved from her money-market account to her checking account, which Baker could control. Bank employees became suspicious and froze the funds.

By this time, Genochio said, the victim's nephew, Doug Lamb, had become suspicious and asked the District Attorney's Office to investigate.

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About the same time, Lamb found several large checks the victim 4 the North United K

had apparently written to another caretaker, 38-year-old Irene IDAM

Sanchez.

Genochio said investigators confronted Sanchez about the checks, and she admitted to stealing them and forging the victim's signature. dAptDs Sanchez embezzled $15,719.13 from the victim's account, Genochio by ChrisLS said.

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Sanchez pleaded guilty in March t o embezzlement and forgery, and Acts by set is serving 120 days in jail.

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Sanchez knew Baker's girlfriend, Genochio said, and was responsible for Baker moving into the victim's home. He would apparently help $I Bush w around this house. However, investigators believe the two were iceburn embezzling from the victim separately.

Moral R

Crimes of vulnerability Voice of RE

The simultaneous crimes show how vulnerable elderly people can be to con artists, said Skezas, of county Adult Protective Services.

ADS O N L

"Anytime someone has access to your money - and you - there is a huge amount of vulnerability," Skezas said. *.I 0 I 1

One of the biggest tricks that elder abusers use is to persuade the Now sh( victim into giving the abuser power of attorney, which is the power Sentir to make financial or medical decisions on that person's behalf. ads

-ADSO 'L

"If you put something in front of many of these victims and say, 'Sign it,' they'll sign anything because they trust you," Skezas said.

Another tactic is to isolate the victim from family and friends so the

http://www.santacruzsentinel.com/archive/2002/h4ay/1 l/local/stories/O1local.htm . . .- 2/20/2003 L;

- LoFal embezzlement cases i. Jight elder abuse By JASON SCHUL- - SENTINEL ST AI... Page 3 of 4

abuser has total control. Genochio said Baker had been trying for months to plant doubt in the victim's mind about Lamb to isolate her from her family.

Investigating team Santa Cruz County has a team set up to respond quickly to allegations of financial abuse. It is made up of members of the District Attorney's Office, law enforcement and members of the county Office of Health and Human Services. The team can freeze someone's assets and investigate charges.

Skezas said when someone calls the Financial Abuse Specialist Team, an agent from the county's Adult Protective Services division will respond at any hour to investigate.

The most important thing, she said, is the FAST team will temporarily freeze an alleged victim's .assets to halt any further embezzlement.

She estimated the team has prevented about $15 million from being "

embezzled in Santa Cruz County in the past 15 months by freezing assets while investigations were under way.

The team also has been able to recover about $2.5 million of assets that were embezzled from county elders. She said that's often a difficult proposition because the stolen funds often are already spent. I n the case of the Soquel woman, the $15,000 has not been recovered.

Unfortunately, there are many cases that are never uncovered. National studies suggest only one in every 14 elder-abuse cases is detected, Skezas said.

Protection Though victims are often mentally impaired, they can protect themselves, Skezas said.

The best thing a person can do is to have all their financial affairs in good order as they grow older in case of an incapacitating accident or illness.

Skezas said adults should establish trusts, and designate power-of- attorney authority to people they trust. And those decisions should be made by someone while they are still mentally competent so nobody can take advantage of them later.

Skezas said the fact the Soquel victim had designated Lamb as her attorney years ago helped to protect her from additional theft.

As for relatives, Skezas said, they should keep a close eye on elderly family, and have a good handle on their financial affairs.

I f you suspect a case of elderly abuse, financial or otherwise, the

l1ttp://www.santacrsentinel.con~/archive/2002/May/l l/local/stories/Ollocal.htm

--

Local embezzlement cases 1. ,blight elder abuse By JASON SCHUL . SENTINEL ST AI... Page 4 Of 4 ~- .

county Adult Protective Services can be reached at 454-4101 24 hours a day.

Contact Jason Schultz at jschultz@santa-cruz.com.

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httD://www.santacruzsentinel.com/archive/2002/Ma~/l l/local/stories/Ollocal.htm '.: 2/20/2003

.'.- : Cpa ty details fraud at cart .me By JEANENE HARTJCK SENTI ' - -L STAFF WRITE1 ... Page 1 of 3 -

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LOCAL NEWS ] MORE LOCAL NEWS

County details fraud at care home By JEANENE HARLICK Sentinel staff writer

WATSONVILLE - An elderly woman with dementia, who authorities say was defrauded by the care home where she lived, was moved to another facility Wednesdayas new details of the case emerged.

Freedom Manor owner Cheryl Ravago secured a $652,500 loan from the resident, who is 90. Loan terms gave Ravago 30 years to pay back the resident, with the debt expiring on the resident's death, said Tamyra Rice, assistant Santa Cruz County counsel.

Ravago used the loan to buy property on Brewington Avenue. The loan was secured against.that property.

The resident was represented by the same attorney who represented Ravago, which is considered a conflict of interest in legal circles, Rice said. That attorney, Judi th Lazenby of Watsonville, drew u p the deed of trust.

Ravago and a Freedom Manor employee also secured ,power of attorney for the resident.

The District Attorney's Office is investigating the case. A state Department of Social Services investigation concluded last month that financial abuse had occurred. According to the state, the woman does not have the mental capacity to make he r own decisions.

The state is deciding what action to take and may move to revoke the home's license, a Social Services Department spokesman said.

Such action would have to be approved in a state hearing before MOVIE T: Freedom Manor could be shut down, he said.

~

, , County details fraud at care - Arne By JEANENE HARLICK SENTI: 2 STAFF WRITE1 ... Page 2 of 3 ~- -.

The county has placed the woman under a temporary conservatorship. A Superior Court judge on Wednesday approved the r+. {j county's request to move the resident to the De Un Amor care home , , p

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Maryellen Hannah, the resident's advocate, said the elderly woman Scotts was not competent to understand anything the judge said to her. b Search I

b Trailers "She has no recall. She has no real understanding of what she signs ,Movie r[ or what she does," said Hannah, who works for the county's long- term care ombudsman.

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Lazenby's action may have violated the professional conduct laws that govern lawyers, said Kevin Mohr, an ethics professor at the Western State University College of Law in Fullerton. The terms of the agreement were such that the interests of the two parties likely were in conflict, he said, making Lazenby's dual representation illegal.

"(The agreement) was in essence a gift ... Characterizing it as a loan strikes me as more of a sham thananything else," he said. "It is such a one-sided deal."

Lazenby did not return numerous calls.

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However, Tom Carlucci, Ravago's attorney, denied that Lazenby d Galatiat represented his client when the deed was drawn up. He said, however, that Lazenby represented Ravago for a short period of time to prepare "a document" for her. He would not say when, for how d Fear by long and for what document that occurred.

Carlucci also denied that the loan terms were improper. Ravago is named in the care home resident's will and would have received the resident's money anyway, he said. d Moral R

Acts by set

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Voice of RE

"'(The loan) was an estate planning technique to give (Ravago) the money outside of the will ... I t was a way to carry out (the resident's) wishes," he said. "It absolutely was a sound financial ADS ONL transaction." *I I) I 1

Lazenby prepared the resident's will, Carlucci said. -Ao$o L

In interviews last week, Carlucci said the resident went ahead with Now shc

Sentir the loan because it was more profitable than other investments she ads was considering.

The woman's close friends Louis and Lea Schiavon say the woman has wanted to leave her estate to Ravago for some time.

- . . C ~ u l t y details fraud at care - Arne By JEANENE HAFUCK SENTI . L STAFF WRITE1 ... Page 3 of 3

-

"She said over and over again (to Ravago), 'You're the only family I have,' " Louis Schiavon said.

The Schiavons' daughter also lives at Freedom Manor.

The couple protested Judge Michael Barton's ruling.

"She's getting the best care possible there ... She was in terrible health condition before she moved in," Louis Schiavon said.

The elderly woman pays about $5,500 a month to stay in a double room at Freedom Manor, according to the Schiavons, who pay $3,200 a month to board their daughter there.

Cousins of the woman attended court Wednesday. Rae Joseph of Sonoma and Bill Allen of Vallejo said they lost touch with the woman when a letter they wrote her was sent back because the woman had moved.

They found out about the situation from the county public guardian.

"We didn't know what the hell was going on ... Nobody was aware of anything," said Allen.

Contact Jeanene Harlick at jharlick@santa-cruz.com.

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Q) 0

Memorandum of Understanding Between

The District Attorney's Office of Santa Cruz County And

The Human Resources Agency of Santa Cruz County Adult and Long Term Care Services Division

RE: Adult Protective Services Social Worker . .

I. PURPOSE

The purpose of this Memorandum of Understanding (MOU) is to describe the agreement between the District Attorney's Office (DAO) of Santa Cruz County with the Human Resources Agency (Adult Protective Services) of Santa Cruz County, concerning the designation of an A P S Social Worker to act as a consultant for the DAO as part of the DAO's Elder Abuse Vertical Prosecution Program (EAVP) hnded by the Office of Criminal Justice Planning (OCP).

The issue of elder and dependent abuse is escalating dramatically in the state. Santa Cruz County's population is at risk in a range of circumstances including physical abuse, neglect and financial abuse. In this county, financial abuse such as exploitation of assets or income represents a significant percentage of abuse that occurs. Locally, the increased costs of housing and property value have resulted in a higher incidence of financial abuse, particularly for those individuals with cognitive impairments. Recognizing the need for better collaboration between A P S and the DAO, this MOU establishes formal fiscal and program arrangements to address all aspects of elder and dependent adult abuse and neglect.

11. MEETINGKOMMUNICATION To insure the successhl investigation and prosecution of abuse and neglect cases, regular communication and coordination between A P S and designated DAO staff is critical. Such communication will occur in conjunction with the parameters that preserve client confidentiality as cited in Welfare and Institutions Code Section 108500 and other pertinent code sections.

Meetings between A P S and the DAO will occur on an as needed basis, at least monthly. However, it is expected that most communication will happen during the regular Multi- Disciplinary Team (MDT) meetings, which are sanctioned under W & I Code Section 15633. The focus of these meetings is to review cases and to develop a plan for investigation and prosecution among designated professionals involved in cases of abuseheglect.

Memorandum of Understanding Between the District Attorney’s Office and the Human Resources Agency Regarding APS Social Worker

-Page 2

111. DUTIES AND RESPONSIBILITIES

A. The District Attorney’s Office agrees:

1. To designate DAO staff to act as abuse and neglect specialists for cases involving the victimization of elder and dependent adults, including financial abuse situations. These specialists will handle duties related to the investigation and prosecution of elder and dependent adult victimization cases.

2. To send the DAO specialists to regular MDT meetings. At these meetings the specialists should be prepared to provide information regarding the status of a case (e.g. whether a case has been filed, where it is in the court process, etc.). The MDT is also the forum to review long-range planning discussions with other members of the team in areas such as joint training needs, collaboration efforts with other agencies such as law enforcement, and operation of the Financial Abuse Specialist Team (FAST).

3. To collaborate with HRA concerning cases of elder and dependent abuse and neglect.

4. To refer elder abuse and neglect cases (including financial abuse cases) to .APS when indicated.

5. To coordinate with APS and law enforcement to ensure speedy prosecution of elder and dependent abuse, including financial abuse cases.

6. To participate in planning and implementation of training provided in partnership with A P S to law enforcement and other community agencies.

7. To maintain a shared protocol regarding client confidentiality and information sharing in order to enhance effective co-case management and service provision. This protocol would not, however, supercede ethical and legal obligations as mandated for the DAO and A P S by law and legal precedent.

8. To collaborate with A P S regarding the continued operation of a FAST team.

B. HRAIAPS agrees:

1. To assign a .35 FTE Social Worker as a consultant to the DAO EAVP Program.

2. To exchange information with the District Attorney’s Office about abuse and neglect cases according to standards and practices currently in effect under the W & I Code Sections pertaining to confidentiality and the MDT meetings.

Memorandum of Understanding Between the District Attorney's Office and the Human Resources Agency Regarding APS Social Worker

-Page 3

3. To maintain a shared protocol regarding client confidentiality and information sharing in order to enhance effective co-case management and service provision.

4. To investigate and provide services as mandated by State laws and regulations as relates to elder and dependent adult abuse, including financial abuse.

5 . To make referrals to the DAO on cases pertaining to alleged abuse and neglect of elders and dependent adults.

6. To collaborate with the DAO on development of prosecution of cases.

7. To participate in MDT meetings such as the FAST.

8. To provide timely notice regarding all MDT meetings.

9. To conduct community training and in-services in conjunction with the DAO and law enforcement.

IV. FISCAL AGREEMENT

DAO Responsibilities The DAO will coordinate with HRA about the claiming provisions for the A P S Social Worker, as a part of the EAVP Program including:

1. Maintenance of designated prosecutors and inspectors for the elderly and dependent adult abuse and neglect cases in the DAO, including expertise in financial abuse matters.

2. In conjunction with APS, provide community training on an as needed basis regarding identification and prevention of financial abuse of elderly and dependent adults.

3. Provide DAO representatives on the MDT such as the FAST.

4. Reimburse HRA in an amount not to exceed a total of $26,247 for the salary and benefit costs only for a .35 FTE APS Social Worker to perform duties as a consultant for the DAO's EAVP Program. Reimbursements will be subject to review and approval of HRA's claims by the DAO Administrative Services Officer. Once approved, DAO will process quarterly journals to transfer applicable revenues to a FAMIS index and sub-object pre-determined by HRA and DAO.

.. '

Memorandum of Understanding Between The District Attorney's Office and the Human Resources Agency Regarding APS Social Worker -Page 4-

HRA Responsibilities

1. HRA shall submit quarterly claims to DAO Administration detailing applicable salary and benefits costs and certifying that all claimed expenses are 100% related to the EAVP Program.

2. Time studies must be completed on a continuous basis each day during the month. Time must be recorded in a manner mutually agreed upon by both parties. All time studies must be submitted to DAO with the quarterly claim for reimbursement.

3. HRA shall reimburse DAO for any Federal or State audit exceptions or disallowances which arise out of the HRA's non-compliance with applicable provisions of the MOU.

I

V. GENERAL PROVISIONS

As an equal participant in the shared hnding for this position, HRA will be involved in matters related to the service delivery coordination between the DAO and the APS program.

Conflict resolution will occur through appropriate administrative levels in HRA and the DAO. Final decisions about matters pertaining to the duties and role of this A P S Social Worker are the responsibility of the HRA Administrator and the District Attorney.

The te rn of the MOU is from April 1, 2003 to June 30, 2004, depending on availability of funds. Upon thirty days written notice, either party may cancel this MOU. This MOU may be amended by mutual consent of both parties in writing.

VI. SIGNATURES

k&,.kk j2&'iJb-

Cecilia Espinolk Human Resources Administrator County of Santa Cruz

Bob Lee, District Attorney P County of Santa cruz

C:\MyFilesEAVPEAVP MOUsWOU-EAVP A P S Social Worker.eps.doc

Santa Cruz County District Attorney’s Office and VictimrWitness Assistance Center Operational Agreement

FY 2003- 2004

This Operational Agreement stands as evidence that the Santa Cruz County District Attorney’s Office and the Santa Cruz County District Attorney’s Ofice (SCDAO), VictimNitness Assistance Center (VnVAC) intend to work together toward the mutual goal of providing the maximum available assistance for violent crime victims in Santa Cmz County. Both agencies believe that the implementation of this Operational Agreement will hrther this goal. Therefore, each agency agrees to participate by co-ordinating services to crime victims and their families.

The V N A C will closely co-ordinate the following services with the SCDAO on all cases involving serious crimes‘against the elderly or dependent adults as defined in PC $368 and related statutes:

t Training to prosecutors and police officers in victims’ rights and resources. t Provision of sensitive direct services to crime victims and their families including criminal

justice advocacy, court support and accompaniment, resource and referral counseling, criminal case information and crisis intervention. Cooperation with the exchange of information including referrals of copies of police reports..

t Assistance with claims for reimbursement of crime related expenses from the State Victims

t Cross-training as needed. of Crime Program

These services shall be monitored by on-going case management and staff supervision, client follow- up and inter-agency training and meetings necessary to maintain sensitive and quality service to the crime victims of Santa Cruz County.

We, the undersigned, as authorized representatives of the Santa Cruz County District Attorney’s Office and the Santa Cruz County District Attorney’s Ofice, VictimNitness Assistance Center, do hereby approve this document.

s i g n d r e i&yi.y(m; -&!/@ dale Signature

Sylvia L. Nieto, Program Manager Bob Lee, District Attorney Victim Witness Assistance Center Santa Cruz County District Attorney’s Office Name and Title Name and Title

OficdOperational Apemen1 Scotis Valley PD

PROJECT SERVICE AREA INFORMATION

1. COUNTY OR COUNTIES SERVED: Enter the narne(s) of the county or counties

served by the project. Put an asterisk where the principal office of the project is

2.

3.

Santa Cruz*

U.S. CONGRESSIONAL DISTRICT(S!: Enter the number(s) of the U.S.

Congressional District(s) which the project serves. Put an asterisk for the district

where the principal office of the project is located.

15th District

17th District*

POPULATION OF SERVICE AREA: Enter the total population of the service area

served by. the project.

258,500

C:WyFiles\WPDow\GRSELDER ABUSnEAVP Propasal.wpd

Applicant: Project Title: Grant Period:

ADDITIONAL SIGNATURE AUTHORIZATION

Grant Award #: Santa Cruz County District Attornev's Office Elder Abuse Vertical Prosecution Pioaram ADd 1. 2003 throuah March 31. 2004

The following persons are authorized to sign for:

Proiect Director

Bob Lee Date:

Financial Officer

Eric Seib Date:

Signature // Signature

Name

Signature

Name

Signature

Name

Signature

Name

Signature

Name

APPROVED BY:

Project Director:

Financial Officer:

Date

Date

RegionallLocal Planning Director:

Date

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