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The Honolulu Advertiser
Posted on: Thursday, May 3, 2007

More elder abuse won't be spotted, bill supporters say

By Rob Perez
Advertiser Staff Writer

Numerous cases of suspected elder abuse will continue to fall through the cracks because the Legislature failed to pass a measure that would have broadened state protections for those vulnerable to such harm, the bill's proponents said yesterday.

The bill faltered in the waning days of the session partly because of concerns about funding.

The measure was designed to plug a gap in the state's Adult Protective Services system that results in scores of suspected abuse cases going unchecked or unreported because the cases don't meet the stringent criteria for what the government is authorized to investigate.

Advocates were disappointed that the bill, which unanimously passed the Senate and House in different versions, came close to surviving the 11th-hour negotiations between the two chambers but ultimately was derailed during the budgeting phase.

"We clearly have a statute that is not adequate to protect adults who are being abused," said Harry Mattson, associate state director of advocacy for AARP Hawai'i.

The legislation will carry over to next year's session. Because House and Senate negotiators agreed to resolve the main differences between the two versions, advocates believe the bill will have a greater chance of passing in 2008.

"I'm disappointed (it didn't pass), but I'm very hopeful we can move something next session," said Sen. Suzanne Chun Oakland, a key legislative proponent.

The bill was introduced after an Advertiser series last year disclosed that numerous suspected abuse cases have fallen through the cracks because of an APS law that one national expert said was the most restrictive in the country.

The current law allows the Department of Human Services to investigate a suspected abuse case only if the adult is dependent on others for care because of an impairment, has already been abused and is in imminent danger of further abuse.

Hawai'i is one of only four states requiring dependency, and the only state to couple dependency with the requirement of imminent danger, according to Mattson.

The legislation would have broadened the law to stipulate that any vulnerable adult would be covered. It also would have eliminated the dual requirement that a suspected victim must already be abused and be in imminent danger of continued abuse. One or the other could trigger an investigation.

Debbie Shimizu, executive director of the National Association of Social Workers, Hawai'i, said cases will continue to go unchecked because of the stringent criteria.

Reach Rob Perez at rperez@honoluluadvertiser.com.