Laws to Prevent Elderly Abuse in Nursing Homes in Colorado
- Making routine visits can alert you to whether elder abuse is occurring.elderly/women/ visitors entering together image by L. Shat from Fotolia.com
Colorado has enacted a series of laws to prevent elder abuse in nursing homes within the state. Title 26 of the Colorado Revised Statutes contains Article 3.1, which identifies protective services, rules and regulations for at-risk adults (i.e., nursing home residents) who are prone to abuse.
Nursing home residents are considered "at-risk" because their age and infirmity frequently prevent them from being able to advocate for themselves. - Section 26-3.1-102 requires that elder abuse occurring in a nursing home be reported within 24 hours to the county department or local law enforcement when such abuse has either been observed or is reasonably suspected to have occurred.
This reporting requirement applies to medical, law enforcement, emergency and even banking professionals as well as nursing home staff members. All other persons observing or suspecting elder abuse in a nursing home may report such abuse, but they are not legally required to do so.
After receiving a report of elder abuse, the county department or local law enforcement agency must make a "thorough" investigation "immediately," according to Section 26-3.1-103. The investigation must include an interview with the victim conducted by an interviewer who is trained in conducting sensitive interviews with at-risk populations. - Section 26-3.1-204 imposes a reporting requirement on medical, law enforcement, emergency and banking professionals when they observe or reasonably suspect that a nursing home is financially exploiting a resident. Financial exploitation occurs when a caretaker illegally or improperly uses the resident's assets for any other individual's gain.
As with reports of physical abuse, reports of financial exploitation must be promptly and completely investigated, including an interview with the victim.
To enable the investigation, Section 26-3.1-205 allows the investigative team to access the victim's financial records with the victim's consent. Access to the victim's financial records is limited to the extent necessary to conduct the investigation. - Colorado has criminalized elder abuse. Title 18 of the Colorado Revised Statutes encompasses the state's penal code with Article 6.5 specifically addressing criminal acts against persons over the age of 60.
Section 18-6.5-103 lists the specific crimes and their classifications when perpetuated against an elder. For example, a nursing home employee who sexually assaults a nursing home resident will face a felony charge.
Colorado's criminal laws as they pertain to crimes against nursing home residents are stringent because the resident is often helpless and the caretaker is aware of and takes advantage of the resident's helplessness.
Section 18-6.5-105 provides that the prosecution of crimes against nursing home residents be given preferential treatment on the court's calendar. This means the caretaker's trial will be prioritized over other cases on the docket. Because the victim is over the age of 60, a speedy trial is deemed necessary to ensure that the victim has her day in court.
