Caretakers largely unregulated: Adult exploitation cases on increase

By Joanie Baker

Apr. 17, 2008 (McClatchy-Tribune Regional News delivered by Newstex) --
Hundreds of local families place trust in referral services to ensure their elderly loved ones are cared for by quality caretakers who work in their homes.

A closer look at the required licensing and regulating of those companies -- or lack thereof -- may require families to re-evaluate that trusting relationship.

Recently a caretaker referred by Loving Care Nursing Service was indicted on charges of exploiting the elderly after police said the convicted felon stole nearly $4,000 in checks -- including one written out "happy birthday/car"-- from an 86-year-old man's bank account.

The family of the man said they thought they were doing everything to ensure their father's care, including making sure the company was licensed and bonded and that it provided background checks on aides prior to placing them in the home.

But it turns out their caretaker, Janice Thruston, 27, had multiple theft counts in her past, and Loving Care owner Patricia Adkins said she never told the family she did background checks, despite indicating she provided them on a contract.

As the population ages, Daviess County Commonwealth's Attorney Bruce Kuegel said the number of adult exploitation cases continues to rise, with more indictments being handed down since January than in the entire year of 2006.

Some of those cases involved individuals like Thruston slipping through the trusted fingers of referral services, but there's nothing that can be done to regulate or enforce standards for such facilities in Kentucky right now.

Last month, legislators reviewed a bill that would require "personal service agencies," such as those that provide in-home companionship or care services, to provide criminal background checks and checks of the nurse aide abuse registry, as well as orientation, training and evaluation of employees.

The proposed bill would require agencies to become certified through the Cabinet for Health and Family Services. Those who didn't would incur fines of up to $500 a day for providing or advertising services without certification.

But the bill died in committee.

Jim Brown, director of franchise development for Comfort Keepers, which is a national caretakers association, tracks the laws and regulations throughout the country, and only 24 states have laws that regulate these types of facilities.

Levi Reames, owner and operator of the Comfort Keepers in Owensboro, said every member of the national franchise must operate as though it is in a state that regulates its actions, and said he looks forward to all states adopting similar laws so everyone must uphold the same standards.

Because Kentucky does not regulate caretaker referral companies, several misleading tactics have resulted in families falling victim to their own trust.

One of the most important questions a family can ask caregiving services is if the actual caregivers are licensed and bonded. Many businesses boast of carrying a license and bond when what they mean is the business itself is covered. If the organization does not carry workers' compensation insurance for its caregivers, the family could also be held liable for expenses due to injury.

Personal services agencies that provide independent contractors rather than employing the aides directly may also leave clients responsible for tax withholding, employer contributions to Social Security and Medicare, theft and workplace injuries.

When the Daviess County grand jury met earlier this month, several cases involving adult exploitation were reviewed. Kuegel said not all individuals who exploit the elderly are charged with that crime, but rather see charges such as felony theft or unlawful possession of stolen documents (checks).

"I was looking into this because there seemed to be an alarming rate of charges coming up in grand jury," he said. "... My concern is as the population grows older there will be more and more of this, especially during these times of economic concerns."

Already in 2008, Kuegel said three people have been indicted on charges of adult exploitation, not including those facing similar charges for taking advantage of the elderly.

Melodie Nicole Miles, 26, of the 1200 block of Arondale Drive is accused of stealing pieces of sterling silver heirlooms valued at more than $4,000 from two women in their 80s while working through the referral service Care Companions out of Hartford.

But Miles was charged with two counts of felony theft, not adult exploitation. The way charges are filed can make it difficult to calculate just how many elderly are actually exploited each year.

This month the grand jury also indicted Caryn Renee Rice Roach, 38, of Philpot on adult exploitation charges after detectives at the Owensboro Police Department said she stole more than $6,000 in checks from a 90-year-old victim to pay off her own bad checks to the Daviess County Attorney's Office. Roach was working through Professional Care in Hartford even though she was convicted of felony theft of identification in 2006.

"This has become one of my chief concerns, because we have to protect those who are unable to protect themselves and that includes children and senior citizens," Kuegel said.

According to the U.S. Census Bureau, the number of residents 65 and older increased by more than 4 percent in Daviess County between 2000 and 2006. That age group makes up more than 14 percent of the area's population. Nationwide, 12 percent of the population is 65 and older.

Owensboro Police Detective Bob Duvall said he foresees an influx in such cases as the population continues aging.

"People are opportunists, especially when working with elderly, because they think they can get by with committing thefts and not get caught," he said.

Newstex ID: KRTB-0152-24582421