Creating Safer Communities for Older Adults and Companion Animals A Joint Effort of The Humane Society of the United States, Washington, DC and The Department of Health and Family Services, Division of Disability and Elder Sen,ices Bureau ofAging and Long Term Care Resources, Madison, WI Cover photograph courtesy of Kenosha County Retired & Senior Volunteer Program © 2003 The Humane Society of the United States. All rights reserved. Printed on recycled paper Creating Safer Communities for Older Adults and Companion Animals A Joint Effort of The Humane Society of the United States, Washington, DC and the Wisconsin Department of Health and Family Services Foreword Too often we hear about elderly animal hoarders whose pets suffer and die from malnourishment and disease while the hoarders themselves live in dangerously filthy homes, isolated from the community and social service agencies. We hear accounts of older victims of domestic violence who feel that they cannot leave their abusers because they would have to abandon their pet. Abusers use violence towards the companion animal of a victim of domestic violence as a method of power and control. These patterns establish the need to provide older people and their pets with more options and for resources that give protection specialists a greater understanding of the roots of these problems. This manual is intended for professionals in the adult protective services, elder abuse and animal protection fields to expand their working knowledge of the role of companion animals in patterns of abuse, exploitation and self-neglect. Furthermore, this manual is intended to foster collaboration among these agencies. Communication can lead to a commitment to sharing resources and expertise, cross training, cross referrals, and cooperative efforts during investigations of abuse and neglect. The content and organization of this manual is intentionally comprehensive. Insightful, informative articles introduce the complexity and seriousness of issues of animal hoarding and animal cruelty as an indicator of family violence, and provide options for older victims of domestic violence. Legal information provides potential civil and criminal remedies currently available. Outlines of both the elder abuse/neglect response system and the animal abuse/neglect response system in Wisconsin are provided so that both elder abuse and animal protection professionals are able to recognize and understand the philosophies, procedures, goals and limitations under which each type of agency is operating. Several practical and important suggestions for cooperation are described in detail. A section highlights programs that have used the positive connection between an elder and pet as a foundation for success. Finally, a comprehensive list of the county elder abuse and animal protection agencies in each county and the agencies’ phone numbers is provided because initiating communication is the first, and essential step in the process of adopting cooperative strategies to help older and vulnerable people, and their pets. iii Acknowledgements The editor gratefully acknowledges the high caliber contributions of the following dedicated professionals. Contributors: Wendy Wright Soref, Student Intern – Summer 2002 Department of Health and Family Services (DHFS)/Bureau of Aging and Long Term Care Resources, Madison, WI Smith Carlson, Attorney DHFS/Office of Legal Counsel, Madison, WI Arnold Baer, Senior Program Representative The Humane Society of the United States, Milwaukee, WI Megan Senatori and Pam Hart, Co-founders Wisconsin United for Furry Friends (WUFF), Madison, WI Consultants & Betsy Abramson, Consultant/Elder Law Attorney Reviewers: Madison, WI Dr. Yvonne Belay, State Humane Agent Department of Agriculture, Trade and Consumer Protection, Madison, WI For Permission to Gary Patronek, VMD, Ph.D. Publish their Tufts University, North Grafton, Massachusetts Materials: Frank Ascione, Ph.D. Utah State University, Department of Psychology, Logan, Utah Technical Support: Linda Dawson, Deputy Director and Patty Lynch, Paralegal Supervisor DHFS/Office of Legal Counsel, Madison, WI Special acknowledgement goes to Randall Lockwood, Ph.D., Vice President of Research and Educational Outreach for the Humane Society of the United States, Washington, D.C. for his assistance with the conceptualization of this project, editorial insight, and for graciously sharing his vast network of resources and knowledge every step of the way. Editor: Jane A. Raymond, Advocacy and Protection Systems Developer Department of Health and Family Services Division of Disability and Elder Services Bureau of Aging and Long Term Care Resources Madison, WI iv Reproduction Permission to reprint the materials is granted as long as this paragraph and acknowledgement of The Humane Society of the United States and the DHFS/Division of Disability and Elder Services/Bureau of Aging and Long Term Care Resources as well as the other agencies identified in this manual are retained. The exception would be permission to reprint the two articles (“From Safety to Healing: Representing Women with Companion Animals” and “What Advocates Can Do for Battered Women with Companion Animals”) published in The Domestic Violence Report and included in Chapter 6 of this manual. Permission for reprinting of those articles must be obtained from Civic Research Institute, Inc., 4478 US Route 27, Kingston, NJ 08528, phone 609-683-4450. For further information on any of the above, contact: Jane Raymond via email at [email protected] or by phone at 608-266-2568. A Cautionary Note These materials were prepared with the understanding that in doing so no legal service has been rendered. Due to the rapidly changing nature of the law, information contained in these materials may become outdated. In addition, no person should ever apply or interpret any law without the aid of an expert trained in the law who also knows the facts, because the facts may change the law’s application. The materials included are to inform; they are not a substitute for getting advice from a lawyer on a specific fact situation. v Contents Page Foreword....................................................................................................................................... iii Acknowledgements ...................................................................................................................... iv Section One - Outline of Wisconsin’s Elder Abuse/Neglect Response System.........................1 Introduction......................................................................................................................................1 Intervention principles in elder abuse..............................................................................................2 Possible indicators of abuse.............................................................................................................3 Indicators from the family/caregivers..................................................................................3 Physical indicators...............................................................................................................3 The Wisconsin elder abuse law........................................................................................................3 History of Wisconsin Law ...................................................................................................3 Defining Elder Abuse .........................................................................................................4 Reporting Elder Abuse.........................................................................................................4 What happens when a report is received?............................................................................5 Section Two - Outline of a Typical Wisconsin Animal Abuse/Neglect Response System .............................................................................................................................................7 Introduction......................................................................................................................................7 Intervention principles in animal abuse ...........................................................................................8 Possible indicators of abuse.............................................................................................................8 The Wisconsin animal cruelty law...................................................................................................9 Reporting animal abuse....................................................................................................................9 What happens when a report is received?........................................................................................9 Section Three - Animal Abuse: Application of Relevant Statutes, Codes and Ordinances....................................................................................................................................11 State abuse/ neglect laws ...............................................................................................................11 Confidentiality issues.....................................................................................................................11 Powers of a humane officer ...........................................................................................................11 Order of abatement ........................................................................................................................12