Department of Human Resources responds to Shirley's Law

Mar. 29—On March 24, Governor Kay Ivey signed Shirley's Law, legislation creating a statewide elder abuse conviction registry. The database will track anyone in Alabama convicted of elder abuse to mitigate incidents of abuse in convalescent and senior care.

The law allows family members and facilities to see any prior conviction of elder abuse in candidates for jobs involving working with older adults. It also provides information regarding individuals under protected orders relating to elder abuse.

"A centralized registry will help prevent known abusers from accessing and preying on additional victims. Certain care providers who work directly with vulnerable adults will be required to query the registry to ensure current and prospective employees have no history of adult abuse, neglect or exploitation," said Dominic Binkley, director of communications for the Department of Human Resources.

In 2017, the Elder Abuse Protection Order and Enforcement Act was signed, "which created an expedient method by which elder abuse victims can obtain a civil protection order against their abuser/exploiter," according to the Alabama Department of Senior Services.

The most common forms of abuse are self-neglect, exploitation, medical neglect, psychological emotional abuse and neglect, physical abuse, substance abuse and sexual abuse, according to the DHR.

"The act contains an enforcement mechanism allowing criminal prosecution for violation of an elder abuse protection order. The Act also permits warrantless arrests for violations of elder abuse protection orders under the same circumstances currently allowed for violations of domestic violence protection orders," said the Department of Senior Services.

People prosecuted under this act would then be added to the registry, per Shirley's Law. Approximately 285 individuals were prosecuted under Alabama's elder abuse statutes during 2020, according to the Department of Senior Services.

In the 2021 fiscal year, "DHR's Adult Protective Services Division received 11,122 reports of possible elder abuse, neglect and exploitation," said Binkley.

Prior to Shirley's Law, there wasn't a centralized registry following due process.

"Generally, if an individual was investigated by DHR and worked with children or the elderly, there would be an assessment as to whether the circumstances rose to a level of an immediate safety concern. If that were the case, then DHR could notify the employer of that individual when it was determined that the allegations were true. The new law gives DHR, the Department of Mental Health and the Department of Public Health a centralized registry upon due process, which is more comprehensive," said Binkley.

The law's namesake, Shirley Holcombe, was a victim of elder abuse by a caretaker.

"Elder abuse can occur in any setting. While it can occur in a care facility, we see abuse, neglect and exploitation most commonly in home settings with caregivers the victims know and trust, such as family members or in-home care providers," said Binkley.

Following her death, her daughter Jo Holcombe launched a campaign to have convicted elder abusers put into a public database.

Republican Rep. Victor Gaston was the sponsoring member for the bill.

"The best advice is to learn the warning signs and know how to report it. Anyone who suspects elder abuse, neglect or exploitation should make a report to DHR by calling 1-800-458-7214 or emailing aps@dhr.alabama.gov," said Binkley.