By Carolyn Szczepanski
Clutching
a red leather purse in her lap,
Linda Wilson drags her fingers
lightly across her temple, draws
in a deep breath and slowly blinks
back tears. Tucked into a corner
office on the top floor of the
Polk County courthouse, Linda
intermittently breaks the heavy
silence in the small lobby, muttering,
"It's just unbelievable"
and "What about her civil
rights?"
To her right, a table piled
with outdated magazines remains
untouched as the minutes tick
by and raised voices filter out
from behind the dense wooden door
that guards the chambers of Polk
County Judge Ruth Klotz. Linda
continues to shift slightly in
her seat, her face fluctuating
from worried exhaustion to indignant
frustration, until, nearly an
hour after an assistant district
attorney, a court appointed lawyer,
a social worker and the Wilsons'
attorney filed into Judge Klotz'
chambers for a morning hearing,
Patricia Wengert, the family's
counsel, emerges with a pained
look.
"Well," Wengert announces
sullenly, "the Granny Gestapo
wins again."
Nearly six months ago, Mary
Stenlund, Linda's 88-year-old
mother who had been living with
her for the past 26 years, fell
ill just three days after Christmas
and was rushed to the hospital
in an ambulance. A week later,
the Department of Human Services
(DHS) obtained a court order to
enter Linda's house, alleging
the home was laden with such unsanitary
conditions that Linda was guilty
of dependent adult abuse, and
moved Stenlund from Mercy Medical
Center to a 24-hour nursing home
facility against her family's
will. Then, after months of concern
regarding her mother's care and
consistent pleas from Stenlund
to take her home, Linda allegedly
abducted the frail senior from
the Fleur Heights nursing home,
sparking a frantic police search
that ended with the two women
found eating ice cream at a local
Dairy Queen.
On
this late April morning, Wengert
once again goes to bat for the
Wilson family, arguing that the
injunction keeping Linda from
visiting her mother should be
lifted and, wielding pictures
of a much cleaner house and claims
that the family will make provisions
for in-home care and monitoring,
that the senior should be allowed
to return home. But instead, as
the family and several supporters
gather in the courthouse corridor,
Linda learns that, not only will
the injunction stand, but the
district attorney is considering
filing criminal kidnapping charges
against her for the unauthorized
ice cream trip. Once again reduced
to frustrated sighs, Linda, who
already spent three nights in
jail after the alleged nursing-home
abduction, says the separation
from her mother isn't doing anyone
any good.
"I'm her daughter, not
only her caretaker," she
says. "I love her, and I
know what she wants. I've got
62 years with that woman and nobody
could ever have a better mother
or a more fantastic relationship
than I've had. I'm just thankful
every day that my mother is alive,
and to be ripped away from her?
It's just, it's killing to me.
So it's true that I would do anything
that needed to be done so my mother
can return home."
John Wilson, Stenlund's grandson,
says he has been working to bring
his grandma home as well, and
over the past month has ramped
up a harsh public attack against
the DHS and county attorney's
office. On his recently launched
Web site - SaveGrandma.org - the
34-year-old Des Moines resident
describes the DHS as "evil,"
accusing the assistant Polk County
attorney of "cruel and inhumane
treatment." Leveling charges
that the state has locked away
his grandma against her will and
enjoined her closest family from
visiting her, John has become
a one-man protest, standing on
busy street corners with homemade
placards and distributing bright
orange fliers that blare, "Public
Emergency: Grandma imprisoned
by the state."
But state and local officials
describe a very different scenario.
They say that, with Iowa's aging
population on the rise, the state
is merely taking steps to protect
the thousands of senior citizens
who may be suffering from deplorable
living conditions, at risk of
being neglected or financially
exploited by their caregivers.
Declining to comment specifically
on the Wilsons' aggressive criticism,
they acknowledge that elder abuse
cases can be contentious - especially
when the question of mental competency
enters into the equation - but
state officials are intent on
keeping seniors' golden years
from being tarnished by greedy
or negligent caregivers.
Polk County District Attorney
John Sarcone says, "We don't
talk about cases that are pending,
but we are motivated by taking
care of people. To put up a goofy
Web site and call people names
adds nothing to this at all. That's
just a juvenile approach to things."
Roger Munns, spokesman for the
DHS also declines to comment on
the case, but notes, "I will
say, I'm not sure how far they
will get with name calling, and
we, certainly, are not going to
engage."
But with the state turning more
attention to prosecuting alleged
abusers and bolstering resources
for vulnerable seniors, will charges
of the state acting as a "Granny
Gestapo" increase in coming
years? Wilson, who says SaveGrandma.org
got nearly 2,000 hits last week
alone, says he's only at the forefront
of a burgeoning public outcry
to protect elder rights.
For district attorney Sarcone,
prosecuting alleged perpetrators
of elder abuse hits close to home.
With a mother who passed away
after being diagnosed with Alzheimer's,
Sarcone knows firsthand the tenuous
circumstances facing many Iowa
seniors in their later years.
"I've seen it with my mom,
seen how the disease operates,
and many people can be taken advantage
of," he says.
Iowa
ranks fourth in the nation in
the number of residents over the
age of 65, Sarcone points out,
and second in persons over the
age of 80. Once seniors reach
the eight-decade mark, he adds,
they have a 50-50 chance of being
diagnosed with some form of dementia,
leaving them "very vulnerable"
to both physical and financial
abuse. "With the aging population
in the state it makes sense to
do something," he says, so
it's not surprising that Polk
is the only county in the state
with an assistant district attorney
dedicated solely to elder abuse
cases.
"And we've seen some horrendous
situations involving elderly victims
with caregivers who were supposed
to be taking care of them,"
he adds. "Blossom Deering
was one of them, where the guy
was supposed to be taking care
of her, but she had fallen, was
left in her own excrement, had
stuck to the floor and, instead
of taking care of her, he was
out spending her money at Prairie
Meadows."
Sandi Koll, adult protective
services manager for the Department
of Human Services, says her agency
receives between 2,500 and 3,000
reports of elder abuse annually
and substantiates between 25 and
30 percent of those referrals.
For instance, in 2004 the Des
Moines service area (encompassing
14 counties) accounted for 491
reports of abuse, of which 107
were determined to be credible.
Sarcone says the Polk County Elder
Abuse Unit pursues "more
than 100 situations" each
year, though charges are not filed
in every instance, and Lori Kelly,
a Des Moines police officer who
works elder abuse and neglect
cases, says her unit investigates
a minimum of 20 physical abuse
cases each year in which the victim
was an elder or dependent adult.
But Gerald Jogerst, a professor
of family medicine at the University
of Iowa who also sits on the governor-appointed
Dependent Adult Abuse Council,
knows better than to think those
numbers are even close to conveying
the true extent of the problem.
"There's a lot more happening
out there than is documented,"
he says. "What the state
stats show is just the tip of
the iceberg."
In fact, according to the oft-cited
1998 National Elder Abuse Incidence
Study, only 16 percent of abusive
situations were referred for help,
while a Senate Special Committee
on Aging estimates that there
may be as many as 5 million victims
each year.
Though the true number of incidents
remains unknown, however, there
are clear trends in abuse that
is reported. The most common cases,
according to local experts, involve
financial exploitation of a dependent
senior or denial of critical care
on the part of the caregivers.
Kelly says that rings true in
the metro, where DMPD most frequently
respond to situations where "family
members are stealing grandma's
money" or seniors are "left
in horrible living conditions."
But such horrible living conditions
often remain hidden, as experts
emphasize that elder abuse is
perhaps the most complicated form
of domestic crime to identify
and remedy. As Jogerst points
out, one of the biggest barriers
to addressing the problem is reluctance
on the part of the victim.
"For instance, there's
guilt that, 'I didn't raise my
child to take care of me,' or
'It's a family matter and it shouldn't
involve the state,'" he explains.
"And what are the alternatives?
There's the fear that, if I'm
not at home, where I'm going to
be will be worse off."
And, while seniors are hesitant
to come forward with allegations
of abuse, Linda Hildreth, Elder
Abuse System Coordinator for the
Iowa Department of Elder Affairs,
points out that the wider community
has yet to take the proactive
stance on protecting seniors that
it has in rallying around children
in danger of abuse or neglect.
"Society seems to be more
hands off when it comes to adults,"
she says. "The perceptions
of 'live and let live' or 'it
isn't any of my business or responsibility'
are more prevalent when dealing
with elders because they're adults."
That's why Koll says increasing
public funding is so important
- a message that has begun to
resonate with policymakers in
recent years. For instance, in
2001 the Iowa Legislature funded
the establishment of the Elder
Abuse Initiative (EAI), which
created a service delivery system
incorporating a host of agencies,
from the DHS to the county attorney's
office, in mobilizing prompt evaluation
of the situation and assessment
of service options. In the 19
counties covered by the EAI program,
the number of reported abuse cases
jumped by more than 72 percent
between 2001 and 2005, with a
dramatic 248 percent increase
in the number of new clients.
Though Hildreth emphasizes state
support has remained "status
quo" for the past several
years, funding for the EAI has
grown to $366,800 in fiscal year
2006.
On the federal level, Koll says
this year is the most promising
yet for the passage of the Elder
Justice Act. A piece of legislation
that Koll herself helped author,
the measure would funnel approximately
$1 million in federal money to
Iowa to specifically address elder
abuse.
"With those kinds of funds,"
she says, "we could step
up to the plate. In child abuse,
we literally have millions in
federal funds coming into the
state every year, and look at
how all of us know about child
abuse. Whereas, if you don't have
funding, you're invisible."
But while Jogerst calls the
lack of resources for abused seniors
"a social atrocity in the
U.S.," local civil rights
lawyer Patricia Wengert sees a
very different scenario unfolding
should funding increase. She worries
that money could bolster a protective
services system that is already
bordering on Big Brother tendencies.
And the case of Mary Stenlund,
Wengert says, is a perfect example
of such overzealous attempts by
the state to protect its citizens.
"I want senior citizens
to know what's resulted from these
federal grants and state grants
that were designed with good intentions
to deal with this problem of elder
abuse," Wengert says. "I
think the system they've created
has overreached."
According to the Department of
Human Services, when the paramedics
first arrived at Linda Wilson's
home on December 28, their initial
diagnosis was that 88-year-old
Mary Stenlund was already dead.
As court documents outline,
upon admission to Mercy Medical
Center's Intensive Care Unit,
"[Stenlund's] prognosis was
grim." Suffering from what
her family calls "a severe
kidney infection and pneumonia,"
DHS reports suggest that Stenlund
was discovered with vomit on her
face and hair, lying on a bed
that was soiled in a house that
was "cluttered."
According to John Wilson, though,
the situation was not as "grim"
as state officials suggest. By
all accounts healthy just three
days earlier when she spent Christmas
at his home, Stenlund - who suffers
from a host of medical problems,
including diabetes - fell ill
unexpectedly and, the condition
of her body and bed were a temporary
result of becoming sick that day.
Though there were "things
stacked up" in various corners
of the home and "plastic
tubs of stuff" belonging
to his grandmother, John adds,
the house was not nearly as unsanitary
as reports described, and family
members were quick to mobilize
medical attention for Stenlund.
But two days after Stenlund
was admitted to the hospital,
officials from the DHS approached
the family, asking questions about
the state of Wilson's home and
quality of Stenlund's care. When
the DHS worker first approached
his grandma, John says Stenlund
clearly informed the official
that she had nothing to say to
her and that "they continued
to badger her, despite the fact
that she told them to leave."
In fact, John adds, he made audio
and video recordings of the encounters,
posting excerpts on his Web site
of his grandmother expressing
her wishes to return home upon
her recovery.
However, DHS officials persisted
in requests to enter the home,
and, according to court documents,
after arranging times with the
family to view the house, the
Wilsons "did not show up,"
told officials it was "not
convenient" or simply "refused
to leave the hospital." Of
course, Linda is the first to
admit she was determined to stay
at her mother's side, and was
taken aback by the attention from
the DHS.
"When somebody approached
me, I was dumfounded," she
says. "This person appeared
at the hospital and demanded to
be let in to my house. I wasn't
going to leave my mother, so I
told him I'd make arrangements
for someone to let him in. And
that was when [another DHS worker]
came, and she was very belligerent
from the word go. It was like,
you said black, she said white.
She never tried to work with us
in any way, shape or form, even
when we complied with their wishes.
It was unbelievable."
With officials describing the
family as being "uncooperative"
in granting access to the house
to "assess habitability and
dangerousness," Polk County
Judge Ruth Klotz issued an emergency
order authorizing protective services
for Stenlund on January 6 and
DHS officials entered the home.
According to court documents,
"the conditions of the home
clearly [were] such that [Stenlund]
cannot safely return," due
to "signs that the home [was]
infested with roaches and mice,"
that some "rooms [were] cluttered,
with only a path to walk in,"
and that the "kitchen was
unsanitary."
Less than a week later, court
documents were filed noting that
the investigation of Linda Wilson
for denial of critical care would
be "founded" and, because
"the dependent adult abuse
presents an immediate danger to
the health and safety" of
Stenlund, the DHS recommended
her placement at Fleur Heights
nursing home. Based on the state
of the home, recommendations from
medical staff at Mercy that she
required 24-hour care, and the
DHS social worker's assertion
that Stenlund "appeared to
be confused and unable to make
decisions," Judge Klotz signed
a second emergency order on January
17 authorizing Stenlund's transfer
to Fleur Heights.
But the Wilson family says they
were outraged by that determination,
with John charging that DHS used
"deception" to get the
order. How could Stenlund be designated
incapable of making her own decisions,
John asks, when an ordered neuropsychological
evaluation had yet to be completed?
And even if Stenlund was suffering
from some form of dementia, what
about the power of attorney she
completed (with some concern from
hospital staff that she did not
understand what she was signing,
according to court documents)
on January 6, giving John and
Linda authority to make decisions
for her care? And what about Stenlund's
clear demands to return home to
her daughter's care?
"What if she dies out there,
alone, without her family members
because of the action DHS has
taken?" Wengert says. "Mary
is in a position right now where
she feels like she's in prison.
She begged me to find out what
they think Linda did wrong, what
she did to deserve this punishment.
With her time left, she just wants
to be with her family members."
For all the potential debate about
the necessity of protective services
for senior citizens, DHS spokesman
Munns emphasizes that the argument
boils down to one word: dependent.
"If there's a competent
adult getting bad services, we
might disapprove of the services
they're providing for themselves,
but it's not our business,"
he says. "But on the other
hand, a not competent person,
a person dependent on others,
that's where Iowa law comes into
play."
Passed in 1982, the state's
dependent adult abuse law defines
a dependent adult as an individual
"who is unable to protect
the person's own interests or
unable to adequately perform or
obtain service necessary to meet
essential human needs" and
provides for a host of criminal
penalties for caregivers who neglect
or exploit adults in their care.
In the case of senior citizens,
that ability to protect self interests
often hinges on a determination
of mental competence. While Munns
emphasizes that there's a well-established,
legal process for determining
who is and is not competent, with
more than 150 Iowans placed in
adult protective services in 2004,
even Koll acknowledges that determining
mental fitness can be a challenge.
"For some people, it's
pretty obvious," Koll says.
"Unfortunately, for a larger
population of people it's questionable
and you may not be able to tell
by talking to them. Some have
good days and bad days, and, especially
in a social context, where a DHS
person is walking into their life,
people have an amazing ability
to pull together their social
skills. Even with Alzheimer's,
they might sound as clear as a
bell, and then you go back a couple
hours later and they don't know
what's going on. It's hugely difficult
to determine, and oftentimes we
do call in other experts to help
determine whether the person is
capable of understanding."
In the case of Mary Stenlund,
court documents filed by social
workers and court-appointed lawyers
describe instances during which
the 88-year-old was "confused,"
unable to remember names or just-completed
conversations. According to a
report filed last week by Jessica
Chandler, Stenlund's court-appointed
legal representative (who did
not return Cityview's calls last
week), Stenlund has been diagnosed
with dementia and Alzheimer's.
But the Wilson family says,
though she is pushing 90 years
old, Stenlund is still a competent,
not to mention clever, lady. John
emphasizes the video clips on
the Save Grandma Web site demonstrate
that.
"One of the things my grandma
said was, 'When it comes to DHS,
there's nothing human about it,'"
John says. "To think about
someone being incompetent, you'd
think they don't know what's going
on. My grandma knows who she is,
she knows who's around her, she
knows where she's at and knows
she wants to go home. It's disgusting,
just disgusting. Basically the
law is written so broadly that
DHS has a free hand to handle
it any way they want."
But Jogerst disagrees. He acknowledges
that, "there is no well-researched,
valid, reliable screening test
for abuse," but when it comes
to determining competency "there
are tools to evaluate cognitive
abilities that case workers are
able to implement" that are
widely accepted by the medical
and legal communities. On the
other hand, Jogerst notes, Iowa
does have a deficit in expertise
when it comes to caseworkers wielding
that authority.
As Koll explains, DHS has approximately
200 caseworkers throughout the
state working in protective services,
handling both child and elder
abuse cases. Jogerst, however,
says that dual workload could
be problematic, as assessing the
senior population is distinctly
different than identifying child
abuse. For instance, "aging
changes are occurring in the elder
that may be misinterpreted as
abuse, or [on the other hand]
you may see skin changes and bruises
that might be easy to write off
as aging changes."
In fact, that difficulty was
highlighted in a national study
Jogerst helped author in 2003,
which found that "states
where investigators handle only
elder abuse cases had nearly a
50 percent substantiation ratio
compared to 34 percent in states
where investigators handle both
child and elder abuse cases."
"It goes back to expertise,"
he says. "We can all tell
when someone is physically disabled,
but you can't just look at someone
and know what their cognitive
capacity is. That's where caseworkers
need much more training and expertise...
The people involved in this are
very committed, but they're really
not given the resources to do
the job. The bottom line is, in
states where protective workers
are responsible for both child
and adult abuse cases, can we
really train them adequately to
do both jobs?"
But while Jogerst is concerned
that a lack of expertise results
in vulnerable seniors being left
in dangerous situations, Wengert
is worried about the exact opposite.
"With an elderly person
you're always going to have some
level of diminished physical ability
or mobility or some level of dementia,"
she says. "My concern is
that they have a system that doesn't
work well, in my opinion, with
the children, and now it's clear
to me with this case that they've
adopted that same flawed system
for the elder abuse cases."
While state officials and family
members are at odds about her
care, there is one thing they
agree upon: Mary Stenlund is adamant
and unwavering in her demands
to return to her home with Linda
Wilson.
According to a report from Chandler
filed last week, "Mary repeatedly
told me she wanted to go home
and live with her daughter, and
she was quite agitated for most
of our conversation. Mary told
me that her daughter is 'all that
she has in this world,' and that
her daughter is the only person
she wants to care for her. She
told me her daughter takes good
care of her and keeps a very clean
house."
Knowing Stenlund's desire to
return home, the Wilson family
says her placement at Fleur Heights
was particularly difficult. Having
been enjoined from seeing Stenlund
after officials raised concerns
about his interference with DHS
workers at the hospital and constant
video and audio recording of the
agency's contact with his grandmother,
John says he spent many sleepless
nights concerned about her care.
Linda, on the other hand, began
visiting the facility frequently
upon Stenlund's commitment. But
that family contact came to a
head in early April, with an incident
that Des Moines Police Officer
Lori Kelly says was "the
first of its kind" during
her tenure on the DMPD's elder
abuse unit.
According to police reports,
Stenlund was last seen on April
6 with Linda Wilson at approximately
10 p.m. before the elderly resident's
wheelchair was found "abandoned
in the lobby." Court documents
filed by the DHS worker explain
that "due to Mary's level
of confusion she would have been
unable to 'plan and carry out'
simply walking out of the nursing
home," and "the police
received two calls, first indicating
that Mary would be at a gas station
and then at a Dairy Queen."
When police arrived, the court
report continues, "Linda
Wilson was taken to the police
station for questioning but immediately
refused to answer questions and
asked for a lawyer." Although
John emphasizes he had nothing
to do with the alleged abduction,
the police report also notes that
Wilson's wife "quietly told
[police] that [John] had been
repeatedly threatening to kidnap
his grandmother." The court
record adds that back at the nursing
home, "Mary made statements
such as 'I walked out on my two
feet, I'm not telling you, I have
my ways, I'm not telling you my
little secrets and I fooled them.'"
Linda says her alleged actions
were not a criminal act, but rather
a compassionate attempt to heed
her mother's wishes. She adds
that her calls to police were
to file a report regarding concerns
that Stenlund was receiving poor
treatment at Fleur Heights. "I
didn't feel I really did anything
wrong," she says. "I
was with my mother whose wishes
were to come home."
But, in addition to spending
the weekend in Polk County Jail,
charges of wanton neglect were
filed against Linda and an injunction
against any further contact with
her mother was entered the day
after the alleged abduction. Since
then, she says she hasn't had
any contact with her mother. Described
by friends and doctors as "two
peas in a pod," Linda says
she and her mother have been pained
by their inability to celebrate
important holidays together -
like the anniversary of Linda's
brother's death on April 19.
"I couldn't even go and
see her on Easter," Linda
says tearfully. "That is
really cruel. Right's right and
wrong's wrong, and this is just
wrong."
In addition to controversy surrounding
family visits, the family suggests
Wengert, the attorney they've
retained to advocate for Stenlund,
has also been unable to gain access
to her client. Jodie Stoker, administrator
for Fleur Heights, declined to
comment on any aspect of the Stenlund
case, but Wengert says that when
she first attempted to visit Stenlund
she was threatened with arrest
by facility staff, was prohibited
from bringing the elderly resident
to the injunction hearing in late
April and, when she returned that
day to update Stenlund on the
case, she was not allowed to speak
with her.
But, again, court documents
differ from family reports. According
to reports filed last week, Chandler
notes that nursing home staff
alleged that Wengert "had
attempted to take Mary from the
nursing home facility" for
the court date, and when Chandler
asked Stenlund "whether her
family members has hired an attorney
for her, [Stenlund] said, no,
they had not." Officials
further suggest that Stenlund
has legal representation through
Chandler, a guardian ad litem.
As Munns explains, the guardian
ad litem is "appointed by
the court to advocate strictly
for the [dependent adult]; not
for the state, not for the relatives,
only for that person."
But Wengert and the Wilson family
say their dealings with the guardian
ad litem have been contentious.
John says Chandler was unresponsive
to his concerns that his grandmother
may have been prescribed a medication
that could be dangerous due to
her other health problems, and
Wenger filed a request for contact
with Stenlund last week that notes,
"counsel finds it odd and
offensive for the new GAL [guardian
ad litem] to discuss the Ward
[Stenlund] in a manner that suggests
some kind of contest to be won
or lost by the various attorneys."
As such, the family says they
are angered at the state's reluctance
to allow Stenlund to retain counsel
of her or her family's choice
and that such denial constitutes
a violation of her 6th Amendment
rights. But even more concerning,
the Wilsons say, is that when
a friend stopped by Fleur Heights
to drop off some reading materials
for Stenlund last week, she was
told by staff that Stenlund was
no longer a resident at the facility.
Fearful for Stenlund's safety,
John says the family was never
informed that their grandmother
would be moved and, after checking
area hospitals and nursing homes,
he even attempted to file a missing
persons report with the DMPD.
According to court documents
filed last week, the guardian
ad litem suggests that officials
had good reason to transfer Stenlund,
alleging that "family members
had been caught examining Mary's
body for a device that might set
off an alarm if they tried to
take her from the home,"
and Stenlund was moved "due
to the disruption routinely cause
by family members." As such,
the GAL recommended that "no
family member should be allowed
to see Mary without approval from
DHS or a court-appointed guardian."
But the Wilsons say Stenlund
has been "stripped of all
her rights" and, due to the
injunctions barring her two closest
relatives from seeing her, has
been left without the comfort
of family members in her waning
days.
"I do feel they're killing
her," Linda says. "Just
stop and think, how would you
feel if the only family you loved
and were close to was ripped away
from you? What kind of logic is
that?"
The back seat of John Wilson's
blue sedan is so packed with poster
board, even casual passers-by
catch glimpses of signs demanding
"Stop DHS Tyranny!"
He may be graduating from Drake
University this week with a degree
in radio and TV production, but
last week John was busy making
a public stand for his grandmother
who will not see him don his cap
and gown. There was one afternoon
spent at the state Capitol, talking
to legislators and attempting
to get authorization to place
a flier in every policymaker's
mailbox. There was an evening
at Gray's Lake, handing out fliers
to runners and walkers, who, he
says, were largely sympathetic
to his message. And there was
a busy rush hour spent at the
intersection of Sixth and University
avenues holding aloft signs with
slogans like "Free Grandma
Now!"
Munns understands that tempers
can flare when the state intervenes
in the private lives of its citizens.
"People do get emotional
in some of these cases,"
he says, "and some don't
approach it rationally when they
try to make their case."
But, as Koll attests, Iowa has
one of the best due process systems
in the country when it comes to
appealing adult abuse findings,
offering the opportunity to contest
every sentence in the case reports,
take complaints to the DHS director,
file claims in court and, in some
cases, take their case as far
as the Iowa Supreme Court.
"It always blows me away
when I'm talking to people from
other states who say, 'You mean,
you let a person appeal it? What
does that mean?'" Koll says.
"A lot of states don't allow
you to do that. Once your name's
on the registry, man, it's there.
But in Iowa you can appeal that
decision."
Though DHS could not provide
a specific number of appeals,
Munns estimates, "there's
one appeal a week. Compare that
to about 300 dependent adult abuse
findings a year, and you have
an appeal rate of about 16 percent."
The Wilsons say, based on DHS
reports and actions that they
say are based on "belligerent
lies," they are in the process
of appealing.
But Munns also notes that, "when
people are unhappy with us, and
there are some, we refer them
to the ombudsman." Jeanne
Yordi, the long-term care ombudsman
at the Iowa Department of Elder
Affairs, says the most common
claims her office receives are
similar to the Wilsons' concerns;
that Stenlund being held in a
nursing home despite her stated
desire to return home, constitutes
a violation of her civil rights.
"If you ask 95 percent
of the people in nursing homes,
they would rather be home,"
Yordi says. "We hear that
a lot. But do they have a home
to go to and who makes the decision
if it's safe or not at home? Do
they have the right to not be
safe at home? Yeah, they probably
do. But, unfortunately, once they're
in the system, there's some protections."
Wengert says that system has
failed, not only in the case of
Mary Stenlund, but in the cases
of other seniors she's represented
who felt their rights were trampled
by what the state considered to
be in their best interests.
"I'm seeing the same flawed
system in place," she says.
"We have a county attorney
that has, from the beginning,
set his sights on, 'We know what's
best for Mary Stenlund,' and no
matter what this family did to
try to cooperate with DHS, it
was never enough. They got rid
of, as they said, 'clutter' around
the house. They even have insurance
in place that would help to address
Mary's needs. They're also looking
into any of the in-home services
available. But, understand, this
system is not an easy one to work
through."
Yordi says allegations of DHS
overreaching its authority and
moving too quickly to direct an
adult into protective services
do reach her department, but she's
confident the systems in place
are working to seniors' benefit.
"I have certainly heard
that comment, but usually it's
because someone has come in and
changed their life and you don't
like the way your life has been
changed," she says. "It
doesn't mean DHS wasn't correct
in their decision. I don't think
they have the time to randomly
invent stories. To substantiate
claim
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