Elderly Abuse Law Seen as Model : Delaware: The criminal statute was enacted in 1986. It is being studied by those planning the 1995 White House Conference on Aging.

A law that allows prosecution of an individual for emotionally or psychologically abusing an older person without evidence of bodily harm is under review by those planning the 1995 White House Conference on Aging.

Delaware put a criminal statute on elderly abuse into effect in 1986. Five years later, the Delaware Supreme Court upheld the conviction of a woman for emotionally abusing an elderly resident of a nursing home. More recently, a nurse’s aide pleaded no contest to fondling and making sexual gestures and comments to a 70-year-old man with Alzheimer’s disease.

Ten years ago, if the cases had been prosecuted at all, a civil action probably would have been filed, resulting in a reprimand or a firing.

Some experts consider the Delaware law a model for the nation.

Robert Blancato, executive director of the 1995 White House conference, said a recommendation to urge states to adopt similar laws will be among suggestions considered before the conference is held in 1995. The conference is charged with making recommendations for aging policy for the next 10 years.

The recommendations were developed at the conference “Silent Suffering: Elder Abuse in America,” held in early February in Long Beach, sponsored by the FHP Foundation and UC Irvine.

“If you are abusing a person who is demented, that is an abuse of that person. In most states that is a nebulous thing because that person can’t respond,” said Mary Watson, academic administrator for the geriatric medicine program at UC Irvine.

“In Delaware it doesn’t matter whether that person responds or not. It’s the fact that you have been abusive. . . . We want to see states adopt what Delaware has,” Watson said.

Thomas Carluccio, a deputy state attorney general who heads the Medicaid fraud unit that has been pursuing the elderly abuse cases, said most states have never considered emotional abuse to be a criminal act.

Now, he said, several states have legislation pending based on the Delaware law.

Since 1990, Delaware has prosecuted about 80 cases of emotional, physical or financial abuse or neglect. Emotional abuse accounted for 18 of those cases.

Carluccio, who has three investigators, said most of the cases come from referrals in the state Division of Aging. In 1986, there were only four referrals, but investigators are now receiving up to 200 referrals a year about alleged abuse.

Barbara Webb, administrator of state adult protective services, credited Carluccio’s sensitivity to the issue of elder abuse for the prosecutions.

“Just because these cases haven’t been prosecuted in the past doesn’t mean these kinds of things haven’t happened,” Webb said. “Getting these successful prosecutions in Delaware is sending a message to the community that these kinds of things will not be tolerated.”

“The states are beginning to wake up and actually understand that elder abuse is an issue in the community, especially during a time when resources are scattered,” Watson said. “I don’t think there is enough attention paid to it, but I think that is changing. . . . It’s not so much this is a growing epidemic. It’s coming out of the closet.”

The first White House Conference on Aging was called by President John F. Kennedy in 1961; subsequent conferences were held in 1971 and 1981. The 1981 conference was considered too politicized, and the Bush Administration declined to schedule one for 1991.

Under the Older Americans Act, which authorizes the conference, a 25-member policy committee selected by the president and Congress will plan the conference agenda and participants.