05-22 Elder and Vulnerable Adult Abuse

Question 1

What is the Rationale?

Answer 1

Abuse of the elderly is a growing concern to the Toronto Police Service (Service) due to an increasing senior population and their reliance on caregivers to maintain their independence. Vulnerable adults are also a target for abuse due to an increasing trend encouraging independent community living. The elderly and vulnerable adults hesitate to report their victimization for a variety of reasons. In conjunction with the community agencies who serve the elderly and vulnerable adults, the Service is working to encourage the reporting of abuse and to ensure that all complaints are fully investigated in a timely manner.
This Procedure sets out the best practices of the Service for handling complaints of abuse of the elderly and vulnerable adults.

Question 2

Supervision

Answer 2

 Supervisory Officer attendance mandatory at scene of a complaint of abuse of an elderly or vulnerable adult
 Officer in Charge (in the absence of a supervisory officer) notification mandatory at scene of a complaint of abuse of an elderly or vulnerable adult

Question 3

Procedure -
It is the goal of the Service to

Answer 3

 reduce the incidence of abuse of elderly and vulnerable adults through education and enforcement
 investigate all occurrences thoroughly and to bring offenders to justice wherever possible
 ensure the safety of victims through prompt action including referrals to other community partners

Question 4

Procedure - Investigating allegations of abuse of elderly and vulnerable adults may require accommodation for the special needs of the victims. Officers SHALL ensure

Answer 4

consideration is given to these needs in completing a thorough investigation. Officers should be alert to the possibility of victims who may have special communications needs and, where necessary, should seek assistance from the appropriate community resources through Communications Services.

Question 5

Procedure - All complaints of abuse of an elderly or vulnerable adult SHALL be

Answer 5

attended in person by a police officer. This includes those at retirement homes, long-term care homes, residential care facilities or any other institutional settings. An occurrence report SHALL be submitted for each police response to a complaint of abuse of an elderly or vulnerable adult.

Question 6

Police Officer - Upon receiving a complaint of abuse of an elderly or vulnerable adult SHALL

Answer 6

 attend the scene promptly
 ensure the safety of all persons at the scene
 conduct a thorough investigation
 request the attendance of a supervisory officer or, in the absence of a supervisory officer, advise the Officer in Charge of the circumstances
 interview all parties separately
 when unable to communicate with a person, attempt to determine whether the person’s inability to speak is due to a medical problem
 in the event of a medical emergency comply with Procedure 10-06
 comply with Procedure 04–09 if the person speaks a language other than English, or requires a sign interpreter
 arrange to have the victim’s injuries and/or property photographed
 consult with the divisional detective office to determine the suitability of receiving the victim’s statement as an electronically recorded statement, in compliance with Procedure 04–32
 record all statements and have the victim review and sign the statement, where possible
 collect all pertinent evidence in compliance with Procedure 04–21
 ensure the victim is offered the services of Victim Services Toronto in compliance with Procedure 04–31
 Victim Services Toronto is able to provide access to a variety of community resources including the Advocacy Centre for the Elderly, a community based legal clinic for low income senior citizens.
 make every effort to meet any special needs of the victim, particularly when the offender is the sole caregiver
 arrange for or provide transportation of the victim to a shelter, long–term care facility, home for the aged or a safe place as appropriate
 contact The Office of the Public Guardian and Trustee, if it is believed that the victim is incapable and/or at
substantial risk of financial or physical injury
 consider the need for home support services and make a referral to the Toronto Senior’s Helpline listed in
Appendix A if the victim does not already access this service
 conduct a Person Query, including a CPIC and Canadian Firearms Registry On-Line (CFRO) check
 determine whether any involved individual owns, possesses or has access to weapons, firearms, ammunition, explosives or the related authorizations, licences, certificates or permits and comply with Procedure 05–21
 obtain the information outlined in Chapter 5, Appendix A to help determine whether REASONABLE GROUNDS exist to BELIEVE there is a threat to safety

Question 7

Police Officer - Where REASONABLE GROUNDS exist relative to a charge SHALL

Answer 7

 arrest and/or charge the suspect in compliance with the applicable procedures in Chapter 1
 ensure suitable arrangements are made for care of the victim

Question 8

Police Officer - Where REASONABLE GROUNDS exist relative to a charge, and the suspect has left the scene SHALL

Answer 8

 conduct a search of the immediate area
 obtain information as to the suspect’s potential destination
 notify the divisional investigative office and obtain further instructions from a divisional detective
 complete the applicable eReport
 complete the applicable MO Detail page if bodily harm has occurred
 complete a Domestic Violence Risk Management / Ontario Domestic Assault Risk Assessment (DVRM/ODARA) Report for incidents involving intimate partner violence

Question 9

Police Officer - Where REASONABLE GROUNDS do not exist relative to a charge SHALL

Answer 9

 make reasonable efforts to ensure the safety of the victim
 complete the applicable eReport, including reasons for not laying charges and advise the complainant the report will be filed
 complete a TPS 710 in compliance with Procedure 06–04, where appropriate
 advise the complainant of the option of attending the office of the Justice of the Peace for the purpose of swearing a private information
 advise the victim of additional options (e.g. Recognizance to Keep the Peace, Restraining Order, Exclusive Possession Order)
 advise the victim of other options (e.g. legal help through the Advocacy Centre for the Elderly, or assistance
through The Office of the Public Guardian and Trustee)
 provide the eReport number to the divisional community relations officer

Question 10

Police Officer - Where there are safety concerns for officers attending the scene in the future SHALL

Answer 10

consider submitting a Special Address record in compliance with Procedure 17–08.

Question 11

Supervisory Officer - Whenever possible, SHALL attend

Answer 11

all calls to complaints of abuse of an elderly or vulnerable adult and provide guidance and assistance during the course of the investigation.

Question 12

Supervisory Officer - Ensure the safety of the victim and that they have been offered the services of

Answer 12

Victim Services Toronto in compliance with Procedure 04–31

Question 13

Supervisory Officer - Ensure a thorough investigation is conducted and notify the

Answer 13

Officer in Charge.

Question 14

Supervisory Officer - Record their________ in their memorandum book and the original eReport.

Answer 14

attendance or reason for non-attendance

Question 15

Supervisory Officer - Ensure the applicable eReports are completed, including the ______, if applicable.

Answer 15

MO detail page

Question 16

Case Manager - When assigned a case involving abuse of an elderly or vulnerable adult SHALL

Answer 16

 wherever possible, obtain an electronically recorded statement from the victim in compliance with Procedures 04–32 and 12–08
 The Crown and the Victim Witness Assistance Program at the court location should be advised of any known medical, physical or mental conditions of the victim so appropriate arrangements can be made for any required court appearances.
 ensure all reasonable inquires have been made into the possession by an accused of weapons, firearms, explosives, authorizations, licences, permits, certificates, Firearm Acquisition Certificates (FAC), etc. and that such items are surrendered before release to ensure the safety of the victim
 consider opposing bail or the use of bail conditions to ensure the safety of the victim in compliance with the applicable procedures in Chapter 1
 consider highlighting ss. 718.2(a) Criminal Code (aggravating circumstances) in the confidential crown envelope (e.g. blind victim, Alzheimer’s patient, dementia or special circumstances) so the Crown may consider seeking stiffer sentencing upon conviction
 encourage the victim to complete a Victim Impact Statement at the appropriate stage of the court process
 whenever possible, ensure the victim is notified of any known court dates with a follow–up call on the day prior to the court appearance
 consider use of the Special Interest Persons category on CPIC for victims who are believed to be at risk of
additional abuse

Question 17

Officer in Charge - Where there are safety concerns for officers attending the scene in the future SHALL

Answer 17

ensure compliance with Procedure 17–08.

Question 18

Officer in Charge - Before considering release SHALL ensure

Answer 18

 all reasonable inquiries have been made into the possession by an accused of weapons, firearms, ammunition, explosives, authorizations, licences, permits, certificates, FACs, etc.
 such items are surrendered before release to enhance the safety of the victim

Question 19

Definitions - Elder and Vulnerable Adult Abuse

Answer 19

means any action, or inaction, that harms or threatens to harm the health or well– being of an elderly person or vulnerable adult by a person in a position of trust or authority. This includes physical/sexual abuse, psychological abuse, financial abuse, neglect or any combination thereof.

Question 20

Definitions - Elderly

Answer 20

for the purposes of Procedure 05–22 means a person over the age of sixty five (65).

Question 21

Definitions - Harm

Answer 21

means physical abuse (includes sexual abuse), psychological abuse, financial abuse, neglect or any combination thereof.

Question 22

Definitions - Incapable

Answer 22

means a person unable to independently manage their day–to–day affairs due to cognitive impairment, thus making them vulnerable to abuse.

Question 23

Definitions - Vulnerable Adult

Answer 23

means any adult who by nature of a physical, emotional or psychological condition is dependent on other persons for care and assistance in day–to–day living.