DSS IS TAKING THE WRONG APPROACH IN IGNORING THE NEEDS OF THE ELDERLY BY SUGGESTING BUDGET CUTS

Elizabeth G. "Libba" Patterson, State Director of the South Carolina Department of Social Services, is unquestionably an experienced and qualified advocate for children. In fact, before assuming her role at DSS under the Hodges administration, Ms. Patterson specialized in children and the law as a member of the faculty of the University of South Carolina School of Law. She was the principal drafter of portions of the Children's Code Reform Act of 1996, drafted legislation for the Central Registry of Child Abuse and Neglect in 1997, and helped to create the Children's Law Office. If you like, you can read about Ms. Patterson's important accomplishments - and more - on the DSS Website at www.state.sc.us/dss/admin. Unfortunately, what you will not find is any reference to Ms. Patterson's training or experience in dealing with needs of the elderly.

Given Ms. Patterson's background and the Hodges Administration's somewhat myopic focus on the needs of children, we probably should not be surprised that Ms. Patterson has been recently reported as viewing children as the "core constituency" of the Department of Social Services. She has recently proposed to legislators a reduction in funding for teen pregnancy prevention programs - which will certainly assure that more children are placed in our educational system -- and the elimination of important programs for the elderly in order to preserve money for the children's programs at DSS. This approach mirrors the deep budget cuts recommended by Mr. Hodges in all areas except for those affecting his pet projects.

Before characterizing the focus of DSS in such a restrictive manner, we suggest that Ms. Patterson take a closer look at her agency's Mission Statement:

The mission of the South Carolina Department of Social Services is to ensure the health and safety of children and adults who cannot protect themselves, to help parents provide nurturing homes, and to help people in need of financial assistance reach their highest level of social and economic self-sufficiency. The agency's goal is to help people live better lives.

DSS exists to serve all of the vulnerable citizens of South Carolina, not just children. And one of the fastest-growing and most vulnerable groups is the elderly. These folks have worked hard, paid their taxes, and contributed to their communities for many years. But in their later years, many of them often develop the need for assistance in managing their affairs - and more importantly, protection from abuse, neglect, and exploitation at the hands of third parties and relatives.

We have all read the stories which abound in the media about the latest financial scams targeting our seniors. We hear horror stories of elderly citizens being victimized physically and emotionally, many times at the hands of family members. Many of these vulnerable citizens are undernourished, not bathed, and are often found lying in their own urine and feces.

These are situations where DSS Adult Protective Services (called "APS") comes into play. This unit of trained professionals exists to protect the health and welfare of elderly and disabled adults. APS serves individuals who are 18 years of age or older and are victims of actual or potential abuse, neglect, or exploitation. As authorized by the state's Omnibus Adult Protection Act, APS investigates reports of mistreatment and provides services necessary to meet the vulnerable adults' basic needs and ensure their safety.

APS cases involve real people and real problems as illustrated by this actual case which we found at the APS portion of the DSS Website: Mrs. Jones, a widow, lived in a small house in a rural area. Her 50-year-old son had lived in the family home all his life and, like his father who died at age 56, became an alcoholic in early adulthood. Mrs. Jones, who was obese and diabetic, had a substantial income from stocks, Social Security, and rent from a small apartment that had been added to the rear of her house. When Mrs. Jones was 84, she was hospitalized for fractures of the hip and lower jaw. During her hospitalization, her son sold most of her stock and withdrew huge amounts of cash from her accounts. He came to the hospital intoxicated and told her to "hurry up and die." The hospital staff at this point reported these events to APS. Mrs. Jones was placed under protective custody by order of the Family Court based upon a petition by APS. A restraining order was issued against the son. The son was later charged with a criminal violation of the Omnibus Adult Protection Act.

According to DSS' own statistics on their Website, the number of APS clients grew from 300 new cases in 1975 to more than 4,600 new cases and 8,500 open cases in FY 1996-1997 (the last year for which statistics have been posted). We believe there are many more today. Of all situations reported to APS in FY 1996-1997, 68% -- more than two of three -- were substantiated.

Yet, in the face of their own example and growing statistics of abuse and neglect, Ms. Patterson wants to eliminate this program.

The vast majority of APS clients are between the ages of 60 and 85. For the years reported, the mix of APS clients is evenly split between whites and blacks. Nearly two-thirds of those victimized are women. Astoundingly, more than 40 percent of these people live with relatives, 36 percent live alone, and 15 percent live with a spouse. Perpetrators, for the most part, are relatives.

APS does considerably more than simply "check on elderly adults," as has been described in the media's coverage of Ms. Patterson's proposed elimination of this important program. Should, as Ms. Patterson suggests, the State turn a blind eye when experience and DSS' own statistics tell us that most of the abuse of our elderly citizens comes at the hands of family members?

Today, South Carolina has almost 650,000 residents age 60 and above - about one of every six people living in this State. And this number is expected to double to almost 1.3 million within the next twenty-five years. Now is not the time to reduce or eliminate the services and protections for these valuable members of our community for political or other reasons.

In its efforts to serve the families of this state, it is time that the Governor, the Legislature, and appointed Cabinet Officers remember that the word "family" includes not only the children, but also the elderly. The Department of Social Services would be a good place to start. After all, DSS is not yet the "Department of Children's Social Services", is it?

Jan L. Warner, Mitchell C. Payne, and Charles M. Black, Jr. are shareholders in ElderLaw Services of South Carolina, P.A. Mr. Warner coauthors "NextSteps," a weekly column in The State which deals with matters affecting the elderly and disabled.