[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6141 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6141

To establish pilot programs that provide for emergency crisis response 
                      teams to combat elder abuse.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 22, 2008

 Mr. Yarmuth introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To establish pilot programs that provide for emergency crisis response 
                      teams to combat elder abuse.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Elder Serve Act of 2008''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The proportion of the United States population 60 years 
        of age or older will drastically increase in the next 30 years 
        as more than 76,000,000 baby boomers approach retirement and 
        old age.
            (2) Every year an estimated 2.1 million older Americans are 
        victims of physical, psychological, or other forms of abuse and 
        neglect.
            (3) Elder abuse, neglect, and exploitation have no 
        boundaries, and cross all racial, social class, gender, and 
        geographic lines.
            (4) For every case of elder abuse and neglect reported to 
        authorities, experts estimate that there may be as many as 5 
        cases not reported.
            (5) Nearly 70 percent of the annual caseloads of Adult 
        Protective Service agencies involve elder abuse.
            (6) The most recent Bureau of Justice Statistics report 
        states that 90 percent of elder abuse and neglect incidents are 
        by known perpetrators, usually family members, and 2/3 of such 
        incidents are by adult children or spouses.

SEC. 3. ESTABLISHMENT OF ELDER SERVE COORDINATING COUNCILS PILOT 
              PROGRAMS.

    (a) Establishment.--The Attorney General, acting through the 
Director of the Office of Victims of Crime of the Department of Justice 
(in this section referred to as the ``Director''), shall carry out a 
three-year grant program to be known as the Elder Serve Coordinating 
Councils grant program (in this section referred to as the ``Program'') 
to provide grants to eligible entities to establish pilot programs to 
facilitate and coordinate programs described in subsection (e) for 
victims of elder abuse.
    (b) Eligibility Requirements for Grantees.--To be eligible to 
receive a grant under the Program, an entity must meet the following 
criteria:
            (1) Eligible crime victim assistance program.--The entity 
        is a crime victim assistance program receiving a grant under 
        the Victims of Crime Act of 1984 (42 U.S.C. 1401 et seq.) for 
        the period described in subsection (c)(2) with respect to the 
        grant sought under this section.
            (2) Coordination with local community based agencies and 
        services.--The entity shall demonstrate to the satisfaction of 
        the Director that such entity has a record of community 
        coordination or established contacts with other county and 
        local services that serve elderly individuals.
            (3) Ability to create ecrt on timely basis.--The entity 
        shall demonstrate to the satisfaction of the Director the 
        ability of the entity to create, not later than 6 months after 
        receiving such grant, an Emergency Crisis Response Team program 
        described in subsection (e)(1) and the programs described in 
        subsection (e)(2).
For purposes of meeting the criteria described in paragraph (2), for 
each year an entity receives a grant under this section the entity 
shall provide a record of community coordination or established 
contacts described in such paragraph through memorandums of 
understanding, contracts, subcontracts, and other such documentation.
    (c) Administrative Provisions.--
            (1) Consultation.--Each pilot program established pursuant 
        to this section shall be developed and carried out in 
        consultation with the following entities:
                    (A) Elder Serve Incorporated of Louisville, 
                Kentucky.
                    (B) Relevant Federal, State, and local public and 
                private agencies and entities, relating to elder abuse, 
                neglect, and exploitation and other crimes against 
                elderly individuals.
                    (C) Local law enforcement including police, 
                sheriffs, detectives, public safety officers, 
                corrections personnel, prosecutors, medical examiners, 
                investigators, and coroners.
                    (D) Long term care and nursing facilities.
            (2) Grant period.--Grants under the Program shall be issued 
        for a three-year period.
            (3) Locations.--The Program shall be carried out in six 
        geographically and demographically diverse locations, taking 
        into account--
                    (A) the number of elderly individuals residing in 
                or near an area; and
                    (B) the difficulty of access to immediate short-
                term housing and health services for victims of elder 
                abuse.
    (d) Personnel.--In providing care and services, each pilot program 
established pursuant to this section may employ a staff to assist in 
creating an Emergency Crisis Response Teams under subsection (e)(1).
    (e) Use of Grants.--
            (1) Emergency crisis response team.--Each entity that 
        receives a grant under this section shall use such grant to 
        establish an Emergency Crisis Response Team program by not 
        later than the date that is six months after the entity 
        receives the grant. Under such program the following shall 
        apply:
                    (A) Such program shall include immediate, short-
                term emergency services, including shelter, care 
                services, food, clothing, transportation to medical or 
                legal appointment as appropriate, and any other life-
                services deemed necessary by the entity for victims of 
                elder abuse.
                    (B) Such program shall provide services only to 
                victims of elder abuse who have been referred to the 
                program through the adult protective services agency of 
                the local law enforcement or any other relevant law 
                enforcement or referral agency.
                    (C) A victim of elder abuse may not receive short-
                term housing under the program for more than five 
                consecutive days.
                    (D) The entity that established the program shall 
                enter into arrangements with the relevant local law 
                enforcement agencies so that the program receives 
                weekly reports from such agencies on elder abuse.
            (2) Additional services required to be provided.--Not later 
        than one year after the date an entity receives a grant under 
        this section, such entity shall have established the following 
        programs (and community collaborations to support such 
        programs):
                    (A) Counseling.--A program that provides counseling 
                and assistance for victims of elder abuse accessing 
                health care, educational, pension, or other benefits 
                for which seniors may be eligible under Federal or 
                applicable State law.
                    (B) Mental health screening.--A program that 
                provides mental health screenings for victims of elder 
                abuse to identify and seek assistance for potential 
                mental health disorders such as depression or substance 
                abuse.
                    (C) Emergency legal advocacy.--A program that 
                provides legal advocacy for victims of elder abuse.
                    (D) Job placement assistance.--A program that 
                provides job placement assistance and information on 
                employment, training, or volunteer opportunities for 
                victims of elder abuse.
                    (E) Bereavement counseling.--A program that 
                provides bereavement counseling for families of victims 
                of elder abuse.
                    (F) Other services.--A program that provides such 
                other care, services, and assistance as the entity 
                considers appropriate for purposes of the pilot 
                program.
    (f) Technical Assistance.--The Director shall enter into contracts 
with private entities with experience in elder abuse coordination to 
provide such technical assistance to grantees under this section as the 
entity determines appropriate.
    (g) Reports to Congress.--Not later than 12 months after the 
commencement of the Program, and every 6 months thereafter (before 
months beginning after the last day of the Program), the entity shall 
submit to the Chairman and Ranking Member of the Committee on the 
Judiciary of the House of Representatives, the Chairman and Ranking 
Member of the Special Committee on Aging of the Senate, and the 
Chairman and Ranking Member of other relevant committees with 
jurisdiction a report on the progress of the Program. Each report for a 
period shall include the following:
            (1) A description and assessment of the implementation of 
        the Program.
            (2) An assessment of the effectiveness of the pilot program 
        in providing care and services to seniors, including a 
        comparative assessment of effectiveness for each of the 
        locations designated under subsection (c)(3) for the Program.
            (3) An assessment of the effectiveness of the coordination 
        for programs described in subsection (e) in contributing toward 
        the effectiveness of the Program.
            (4) Such recommendations as the entity considers 
        appropriate for modifications of the Program in order to better 
        provide care and services to seniors.
    (h) Definitions.--For purposes of this section:
            (1) Elder abuse.--The term ``elder abuse'' means any type 
        of violence or abuse, whether mental or physical, inflicted 
        upon an elderly individual.
            (2) Elderly individual.--The term ``elderly individual'' 
        means an individual who is age 65 or older.
    (i) Authorization of Appropriations.--There is authorized to be 
appropriated for the Department of Justice to carry out this section 
$3,000,000 for each of the fiscal years 2009 through 2011.
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