Legislation Against Caregivers Commmitting Elder Abuse is Warranted

Written by Adam Peck Category: Nursing Homes January 23rd, 2013 2 min read

State Rep. Eugene DePasquale, D-York, said he voted for a bill last week that would protect care-dependent people from abuse and neglect.

House Bill 1053 would amend the Pennsylvania Crimes Code to include caretakers who intentionally or knowingly endanger the welfare of a care-dependent person in their care by failing to provide needed treatment, care or goods and services. Further, the bill would prohibit caretakers from physically or mentally abusing a care-dependent person.

“While I believe most caretakers are professional and conscientious about their care, this legislation seeks to deter abuse and hold those who violate care-dependent individuals accountable for their actions,” DePasquale said.

DePasquale said care-dependent people may be elderly, disabled or have mental retardation. Private care residences are private residences whose owner or operator provides food, shelter, clothing and personal care or health care in the home to no more than three non-relatives.

“Because these operations are so small, they are not subject to inspection or held to the same stringent standards as larger facilities,” DePasquale said. “Tragically, this had led to incidents, including deaths, which inspired this legislation.”

Under H.B. 1053, a caretaker would commit the offense of abuse of a care dependent person if he harasses, annoys or unduly alarms the person. Among the actions that constitute abuse are physical harm, lewd or lascivious behavior and threats.

“Unfortunately, it seems the frequency of elder/disabled abuse is becoming greater as people live longer lives and more people are living to an age when they are vulnerable to those helping to care for them,” DePasquale said.

The National Center on Elder Abuse reported a 150 percent increase in reported incidents of abuse to state adult protective services.

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Written by Adam Peck

Expertise: Personal Injury

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.