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Missouri Guardianship Association
(+tz) +++-zzza
www.missouriguardianshipassociation.org
P.O. Box 58r+
Springfield, MO 6580I
Law Enforcement Systems Training (L.E.S.T.) @
Developing paftnerships between Law Enforcement and Guardians
l. Executive Summarv:
A/hen used as a conjunction L.E.S.T. means
FORITIIAL
1. with the intention of preventing (something undesirable); to
avoid the risk of.
The Missouri GuardianshipAssociation, which is a 501(cX3) organization, developed the L.E.S.T.
program to bridge the gaps between guardians and peace officers, while also addressing the complex
needs, bariers, and limitations adults with private legalguardians may have, when contacted by front-
line peace officers.
This proposal provides a needs-based analysis, and a summary outline of program construction
and curriculum that will help L.E.S.T. participants learn about guardianships and develop effective skill
sets that create sustainable healthy partnerships with private guardians. Moreover, that will aid frontline
officers to deescalate a crisis; prevent crimes and reduce recidivism; eliminate performing duties that
guardians are state mandated to provide; and help remove cumbersome system barriers. And help to
increase efficiency and timeliness in investigating incidents of abuse, neglect, and exploitation.
Missouri requires peace officers to receive ongoing educationaltraining hours each yearto main-
tain their POST Certification. The L.E.S.T, program is a statewide six-hour developed course that would
provide Continuing Law Enforcement Education (CLEE) credits to peace officers and other qualified
professionals, in the category of lnterpersonal Perspectives. ln our modern day, law enforcement must
utilize multi-tiered government and private function systems that visibly create and proactively use suc-
cessful partnerships to reduce crime by sustainable strategies, among which includes L.E.S.T.
Everyday peace officers across Missouri encounter adults with serious to severe disabilities.
Some encounters involve adults who have a duly court appointed private legal guardian. While the
most common and frequent encounter involves adults with mental illness, peace officers perform duties
that also contact adults without mental illness who have a private legal guardian.
Unfortunately, peace officer training curriculum does not require students to learn about state
guardianship laws; state mandated duties and statutory authority of guardians; the multifaceted ways
this population of adults are abused, neglected, and exploited; and both the complexities and benefits
that exist when an adult, who has a private legal guardian, is contacted by a peace officer.
Giving people a R.I.D.E. to stability
PROGRAM SUMMARY OUTLINE
l. Needs-Based Analvsis:
The COPS office at the U.$. Department of Justice defines community policing to be "a philoso-
phy that promotes organizationalstrategies that support the systemic use of partnerships and problem-
solving techniques to proactively address the immediate conditions that give rise to public safety issues
such as crime, social disorder, and fear of crime." See https://cops.usdoj.gov/RlC/Publication#cops-
p157-pub.pdf
ln the August 1A,2A17,legal opinion of the MissouriAttorney General's Office, issued to former
Itlissouri State Representative, Mike Kelley, such holds in relevant part that, "[u]nder Missouri law, the
guardian of an incapacitated person has a broad range of legal powers. See $ 475.120, RSMo. "Pur-
suant to section 475.124, a guardian is empowered and charged to act in the ward's best interest." Mat-
ter of Warren, 858 S.W2d 263, 265 (Mo. App. WD. 1993) seq also Preston v. State, 33 S.W3d 574,
580 (Mo. App. W.D. 2000) (explaining that a guardian has "the duty and responsibility to make any and
all decisions" regarding important aspects of his or her ward's life)"
|nZA21, the Missouri Department of Mental Health reported that among its clients receiving state
contracted housing program services from private providers between January 1,2A19 to April 22,2A21,
367o were physically abused, 10olo were verbally abused, 10% verbally and physically abused, 7% were
sexually assaulted, 18% were neglected, and 19% were exploited. Moreover, 1% died from honricide,
1o/afrom suicides, and a staggering 22o/o diedtrom Uel$own causes.
On June 14,2A21, the Missouri Department of Health and Senior Services reported "[e]ach year,
an estimated 5 million older adults are abused, neglected, bullied or exploited," Moreover, "[e]lder abuse
affects older people across all socioeconomic groups, cultures and races, and can occur anywhere
when they are disconnected from socialsupports: in a person's home, in nursing homes, assisted living
facilities and other institutional settings, or in hospitals," And that, in 2020
.DHSS
received and investi-
gated 44,714 reports, an average of about 111 each day.
While there is no one specific root cause for these alarming and unconscionable statistics, elim-
inating private legal guardians from the equation of developing needed partnerships that effectively and
consistently prevent, reduce, and respond to crimes, guarantees that crimes willoccur. Moreovel that
we will fail in apprehending, charging, prosecuting, and convicting perpetrators of abuse, neglect, and
exploitation. After allcommunity policing is as much about preventing crimes, as it is about responding
to crimes. And private legalguardians play a significant and substantial legal roh because of their state
mandated statutory duties and their state statutory legal authority.
tl. Prosram Constructiqn:
{A}. Prosfa{n Go.als:
{1}. To provide peace officere infomation and education about guardianships, and the roles, duties
and the statutory authority of legalguardians.
{2). To provide peae officers with information and education about the complexities, needs, and the
limitations of adults with a private legal guardian.
(B). Obiective:
1. The Missouri Guardianship Association will offer four six-hour competency workshops per-year
in Kansas City, $pringfield, Jefferson City, and St. Louis, to law enforcement departments and agencies,
peace officers and other qualified professionals, which will cover specified curriculum, as summarized
below;
a. Sgone & Fgundation:
Discussion will provide a summary on the roles, backgrounds, and experiences of the instructors that
is relevant to the course material; the means, manner, scope, and the purpose information is provided
to the program participants; and how the educational information is to be construed and applied by the
participants.
b. Gualglianship Fundamentals:
Discussion willfocus on court adjudication orders; Letters of Guardianship; types and classifications of
guardianship; affect of adjudication order; capacity verses incapacity; the requirement for guardians to
know and abide by the laws governing them; filing complaints against guardians; harassing guardians;
guardian rights; and impeding or preventing the performance of state mandated guardianship duties.
c. Partnership Dvnamics:
Discussion willfocus on what a legalguardianship is; applied terminologyithe specific mandated duties
of legal guardians; the specific authority of legal guardians; conflicts of interest; crisis intervention strat-
egies; risk-benefit analysis in developing partnerships with legal guardians; and the specialfactors that
legal guardians must consider.
d. Abuse & Neqlect:
Discussion willfocus on identifoing risk factors based on disability, age, and living environment; explicit
verses implicit forms of abuse, neglect, and exploitation; physical abuse verses chemical abuse; signs
and symptoms of sexual, physical, verbal, and emotional abuse, neglect, and exploitation; strategies in
conducting investigations; and specialfactors involving private providers and state agency responses.
e, Hioh-Risk Wards:
Discussion will focus on adults with guardians who engage in high-risk behaviors, sexual misconduct,
criminal conduct, signs and symptoms of physically or emotionally abusing their guardian; contributing
factors for high-risk behaviors to occur; immediate and long-term stabilization; mandated guardian du-
ties involving criminal investigations and search and seizure acts; and incarceration.
f. Responses:
Discussion willfocus on the conflicting dual roles private guardians hold; guardian and ward concerns,
barriers faced, limitations imposed, and required recognition and respect; developing partnerships with
guardians and establishing mutual trust; the do's and the do not's when the guardian himself/herself or
the adult with a guardian is the victim of a crime; forecasting; and advocacy.
q. Falsq Confessio,ns:
Discussion will focus on the requirements to obtain a guardian's consentto question the ward especially
when theward is a orthe person of interest ora orthe suspect in a crime (Mo. Rev. $tat. S 475.120.3(4)),
and regardless of whether the interview or interrogation is required to be audio and/or video recorded
(Mo. Rev. Stat. $ 590.700), to ensure the ward is not giving false confessions of guilt. $ee The National
Reqistry of Exonerations. 2020 report, showing a70o/o rate of peoplewith mental illness, developmental
and/or intellectual disabilities who give false confessions, which occur$ because of either a Votuntary
False Confession, Compliant False Confessron, or lntema{ized False Confessrbn (Kassin, 2008}. See also The
Crime Report. December 15, 2021 (discusses conduct of interrogators causing false confessions).
lll. Course lFstructors:
Missouri does not require guardians to have any formal education through a college or university,
that produces a degree, and no formaleducationalopportunities exist. Missouridoes not require guard-
ians to be certified or licensed. Therefore, review of this proposal cannot be based on typical protocols
wherein a person submits a resume listing their professionaltraining, certifications, and licenses.
Rather, review of this proposal and lnstructor qualifications has to be based on a cuniculum vitae
of experiences that are relevant to the lesson plan and subjects taught. However, this does not mean
an lnstructor will be or is required to be a legal guardian himself or herself. All lnstructor$ are required
to follow the same course lesson plan, that ensureE consistency in what is taught.
lV. Outcomes:
At the conclusion of the L.E.S.T. course, peace officers will obtain the following skills:
a. Demonstrate knowledge-based skills about private legal guardianships, in that the student will:
f . identifu the three types and three classifications of guardianships;
2. identifu the two classifications of guardians;
3. identifu the conflicts of interests to avoid;
4. identify the competing roles and the five core duties of private legal guardians.
b. Demonstrate effuctive communication techniques with guardians, in that the student will:
f . identiff three key markers showing active listening and respectful speech skills;
2. identify two core boundaries separating peace offier duties and guardian duties;
3. identifo the two key strategies that develop effective partnerships; and
4. identiff at least one technique that uses the partnership to advance law enforcement principles
c. Demonstrate advanced skills involving abuse, neglect, and exploitation, in that the student will:
f . identiff the differences between explicit and implicit signs and symptoms of abuse, neglect, and
exploitation of guardians and the adults whom they are guardian of;
2. identi$ the four primary category rea$on$ that abuse, neglect, and exploitation occurs respective
to guardians and the adults they are guardian of;
3. identify the three primary benefits of communicating with and involving guardians in investigations
of abuse, neglect, and exploitation of the adults they are guardian of; and
4. identify the exterior barriers and influences that impede or prevent investigations of abuse, neglect,
and exploitation of guardians and the adults they are guardian of.
d. Demonstrate advanced skills involving peace officer contacts for criminal acts, in that the student will
f . identiff the two competing roles and duties of peace officers and private legal guardians;
2. identiff the tvo core motives that compliant, voluntary and persuaded false confessions occur,
respective to private legal guardians and the adults whom they are guardian of:
3. identifu two core duties guardians have when the adult that he or she is guardian of is questioned
by peace officers for alleged criminalconduct; and
4. identify two primary cau$es of implicit bias of peace officers when contacting an adult with a lagal
guardian for reported criminal acts whether or not the adult is the accused.
V. Copclqsion:
Guardianships are rarely as simple as 2 + 2 = 4. Guardianships are extremely complex because
their operation is based on individualskills, needs, disabilities, limitation$, laws, and so on. ln the course
of performing law enforcement duties, peace officers will encounter adutts with guardians who are seen
as the politically favorable, i.e., quiet, loveable, gentle, etc., just as peace officers willencounter those
who are politically unfavorable, i.e., people with mental illness, sex offenses, and other criminal histories
Developing sustainable healthy partnerships with guardians has paramount importance not only
for guardians, but also for peace officers. These partnerships can prevent crimes and recidivism rates;
deescalate a crisis easier and in a timely manner; remove system barriers and eliminate peace officers
performing duties guardians are required to do; avoid potential liability pitfalls; empower peace officers
to conduct abuse and neglect investigations msre effectively, efficiently, and easier; and partnerships
developed and maintained conform to and proactively promote community policing strategies.
ln Missouri, there is well over 51 thousand guardianships currently operating. Every guardianship
has a minimum of one guardian. This translates into well over 100,000 Missourians who peace officers
across our state will or have the potential of encountering, which itself provides a sound needs-based
rationale for the L.E.S.T. educational and information CLEE course to be approved.
Christopher , MGA President & CEO
C',.'.S'U-'.c,t -C -.o t L

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Law Enforcement Systems Training (L.E.S.T.).pdf

  • 1. Missouri Guardianship Association (+tz) +++-zzza www.missouriguardianshipassociation.org P.O. Box 58r+ Springfield, MO 6580I Law Enforcement Systems Training (L.E.S.T.) @ Developing paftnerships between Law Enforcement and Guardians l. Executive Summarv: A/hen used as a conjunction L.E.S.T. means FORITIIAL 1. with the intention of preventing (something undesirable); to avoid the risk of. The Missouri GuardianshipAssociation, which is a 501(cX3) organization, developed the L.E.S.T. program to bridge the gaps between guardians and peace officers, while also addressing the complex needs, bariers, and limitations adults with private legalguardians may have, when contacted by front- line peace officers. This proposal provides a needs-based analysis, and a summary outline of program construction and curriculum that will help L.E.S.T. participants learn about guardianships and develop effective skill sets that create sustainable healthy partnerships with private guardians. Moreover, that will aid frontline officers to deescalate a crisis; prevent crimes and reduce recidivism; eliminate performing duties that guardians are state mandated to provide; and help remove cumbersome system barriers. And help to increase efficiency and timeliness in investigating incidents of abuse, neglect, and exploitation. Missouri requires peace officers to receive ongoing educationaltraining hours each yearto main- tain their POST Certification. The L.E.S.T, program is a statewide six-hour developed course that would provide Continuing Law Enforcement Education (CLEE) credits to peace officers and other qualified professionals, in the category of lnterpersonal Perspectives. ln our modern day, law enforcement must utilize multi-tiered government and private function systems that visibly create and proactively use suc- cessful partnerships to reduce crime by sustainable strategies, among which includes L.E.S.T. Everyday peace officers across Missouri encounter adults with serious to severe disabilities. Some encounters involve adults who have a duly court appointed private legal guardian. While the most common and frequent encounter involves adults with mental illness, peace officers perform duties that also contact adults without mental illness who have a private legal guardian. Unfortunately, peace officer training curriculum does not require students to learn about state guardianship laws; state mandated duties and statutory authority of guardians; the multifaceted ways this population of adults are abused, neglected, and exploited; and both the complexities and benefits that exist when an adult, who has a private legal guardian, is contacted by a peace officer. Giving people a R.I.D.E. to stability
  • 2. PROGRAM SUMMARY OUTLINE l. Needs-Based Analvsis: The COPS office at the U.$. Department of Justice defines community policing to be "a philoso- phy that promotes organizationalstrategies that support the systemic use of partnerships and problem- solving techniques to proactively address the immediate conditions that give rise to public safety issues such as crime, social disorder, and fear of crime." See https://cops.usdoj.gov/RlC/Publication#cops- p157-pub.pdf ln the August 1A,2A17,legal opinion of the MissouriAttorney General's Office, issued to former Itlissouri State Representative, Mike Kelley, such holds in relevant part that, "[u]nder Missouri law, the guardian of an incapacitated person has a broad range of legal powers. See $ 475.120, RSMo. "Pur- suant to section 475.124, a guardian is empowered and charged to act in the ward's best interest." Mat- ter of Warren, 858 S.W2d 263, 265 (Mo. App. WD. 1993) seq also Preston v. State, 33 S.W3d 574, 580 (Mo. App. W.D. 2000) (explaining that a guardian has "the duty and responsibility to make any and all decisions" regarding important aspects of his or her ward's life)" |nZA21, the Missouri Department of Mental Health reported that among its clients receiving state contracted housing program services from private providers between January 1,2A19 to April 22,2A21, 367o were physically abused, 10olo were verbally abused, 10% verbally and physically abused, 7% were sexually assaulted, 18% were neglected, and 19% were exploited. Moreover, 1% died from honricide, 1o/afrom suicides, and a staggering 22o/o diedtrom Uel$own causes. On June 14,2A21, the Missouri Department of Health and Senior Services reported "[e]ach year, an estimated 5 million older adults are abused, neglected, bullied or exploited," Moreover, "[e]lder abuse affects older people across all socioeconomic groups, cultures and races, and can occur anywhere when they are disconnected from socialsupports: in a person's home, in nursing homes, assisted living facilities and other institutional settings, or in hospitals," And that, in 2020 .DHSS received and investi- gated 44,714 reports, an average of about 111 each day. While there is no one specific root cause for these alarming and unconscionable statistics, elim- inating private legal guardians from the equation of developing needed partnerships that effectively and consistently prevent, reduce, and respond to crimes, guarantees that crimes willoccur. Moreovel that we will fail in apprehending, charging, prosecuting, and convicting perpetrators of abuse, neglect, and exploitation. After allcommunity policing is as much about preventing crimes, as it is about responding to crimes. And private legalguardians play a significant and substantial legal roh because of their state mandated statutory duties and their state statutory legal authority. tl. Prosram Constructiqn: {A}. Prosfa{n Go.als: {1}. To provide peace officere infomation and education about guardianships, and the roles, duties and the statutory authority of legalguardians. {2). To provide peae officers with information and education about the complexities, needs, and the limitations of adults with a private legal guardian.
  • 3. (B). Obiective: 1. The Missouri Guardianship Association will offer four six-hour competency workshops per-year in Kansas City, $pringfield, Jefferson City, and St. Louis, to law enforcement departments and agencies, peace officers and other qualified professionals, which will cover specified curriculum, as summarized below; a. Sgone & Fgundation: Discussion will provide a summary on the roles, backgrounds, and experiences of the instructors that is relevant to the course material; the means, manner, scope, and the purpose information is provided to the program participants; and how the educational information is to be construed and applied by the participants. b. Gualglianship Fundamentals: Discussion willfocus on court adjudication orders; Letters of Guardianship; types and classifications of guardianship; affect of adjudication order; capacity verses incapacity; the requirement for guardians to know and abide by the laws governing them; filing complaints against guardians; harassing guardians; guardian rights; and impeding or preventing the performance of state mandated guardianship duties. c. Partnership Dvnamics: Discussion willfocus on what a legalguardianship is; applied terminologyithe specific mandated duties of legal guardians; the specific authority of legal guardians; conflicts of interest; crisis intervention strat- egies; risk-benefit analysis in developing partnerships with legal guardians; and the specialfactors that legal guardians must consider. d. Abuse & Neqlect: Discussion willfocus on identifoing risk factors based on disability, age, and living environment; explicit verses implicit forms of abuse, neglect, and exploitation; physical abuse verses chemical abuse; signs and symptoms of sexual, physical, verbal, and emotional abuse, neglect, and exploitation; strategies in conducting investigations; and specialfactors involving private providers and state agency responses. e, Hioh-Risk Wards: Discussion will focus on adults with guardians who engage in high-risk behaviors, sexual misconduct, criminal conduct, signs and symptoms of physically or emotionally abusing their guardian; contributing factors for high-risk behaviors to occur; immediate and long-term stabilization; mandated guardian du- ties involving criminal investigations and search and seizure acts; and incarceration. f. Responses: Discussion willfocus on the conflicting dual roles private guardians hold; guardian and ward concerns, barriers faced, limitations imposed, and required recognition and respect; developing partnerships with guardians and establishing mutual trust; the do's and the do not's when the guardian himself/herself or the adult with a guardian is the victim of a crime; forecasting; and advocacy.
  • 4. q. Falsq Confessio,ns: Discussion will focus on the requirements to obtain a guardian's consentto question the ward especially when theward is a orthe person of interest ora orthe suspect in a crime (Mo. Rev. $tat. S 475.120.3(4)), and regardless of whether the interview or interrogation is required to be audio and/or video recorded (Mo. Rev. Stat. $ 590.700), to ensure the ward is not giving false confessions of guilt. $ee The National Reqistry of Exonerations. 2020 report, showing a70o/o rate of peoplewith mental illness, developmental and/or intellectual disabilities who give false confessions, which occur$ because of either a Votuntary False Confession, Compliant False Confessron, or lntema{ized False Confessrbn (Kassin, 2008}. See also The Crime Report. December 15, 2021 (discusses conduct of interrogators causing false confessions). lll. Course lFstructors: Missouri does not require guardians to have any formal education through a college or university, that produces a degree, and no formaleducationalopportunities exist. Missouridoes not require guard- ians to be certified or licensed. Therefore, review of this proposal cannot be based on typical protocols wherein a person submits a resume listing their professionaltraining, certifications, and licenses. Rather, review of this proposal and lnstructor qualifications has to be based on a cuniculum vitae of experiences that are relevant to the lesson plan and subjects taught. However, this does not mean an lnstructor will be or is required to be a legal guardian himself or herself. All lnstructor$ are required to follow the same course lesson plan, that ensureE consistency in what is taught. lV. Outcomes: At the conclusion of the L.E.S.T. course, peace officers will obtain the following skills: a. Demonstrate knowledge-based skills about private legal guardianships, in that the student will: f . identifu the three types and three classifications of guardianships; 2. identifu the two classifications of guardians; 3. identifu the conflicts of interests to avoid; 4. identify the competing roles and the five core duties of private legal guardians. b. Demonstrate effuctive communication techniques with guardians, in that the student will: f . identiff three key markers showing active listening and respectful speech skills; 2. identify two core boundaries separating peace offier duties and guardian duties; 3. identifo the two key strategies that develop effective partnerships; and 4. identiff at least one technique that uses the partnership to advance law enforcement principles c. Demonstrate advanced skills involving abuse, neglect, and exploitation, in that the student will: f . identiff the differences between explicit and implicit signs and symptoms of abuse, neglect, and exploitation of guardians and the adults whom they are guardian of; 2. identi$ the four primary category rea$on$ that abuse, neglect, and exploitation occurs respective to guardians and the adults they are guardian of; 3. identify the three primary benefits of communicating with and involving guardians in investigations of abuse, neglect, and exploitation of the adults they are guardian of; and
  • 5. 4. identify the exterior barriers and influences that impede or prevent investigations of abuse, neglect, and exploitation of guardians and the adults they are guardian of. d. Demonstrate advanced skills involving peace officer contacts for criminal acts, in that the student will f . identiff the two competing roles and duties of peace officers and private legal guardians; 2. identiff the tvo core motives that compliant, voluntary and persuaded false confessions occur, respective to private legal guardians and the adults whom they are guardian of: 3. identifu two core duties guardians have when the adult that he or she is guardian of is questioned by peace officers for alleged criminalconduct; and 4. identify two primary cau$es of implicit bias of peace officers when contacting an adult with a lagal guardian for reported criminal acts whether or not the adult is the accused. V. Copclqsion: Guardianships are rarely as simple as 2 + 2 = 4. Guardianships are extremely complex because their operation is based on individualskills, needs, disabilities, limitation$, laws, and so on. ln the course of performing law enforcement duties, peace officers will encounter adutts with guardians who are seen as the politically favorable, i.e., quiet, loveable, gentle, etc., just as peace officers willencounter those who are politically unfavorable, i.e., people with mental illness, sex offenses, and other criminal histories Developing sustainable healthy partnerships with guardians has paramount importance not only for guardians, but also for peace officers. These partnerships can prevent crimes and recidivism rates; deescalate a crisis easier and in a timely manner; remove system barriers and eliminate peace officers performing duties guardians are required to do; avoid potential liability pitfalls; empower peace officers to conduct abuse and neglect investigations msre effectively, efficiently, and easier; and partnerships developed and maintained conform to and proactively promote community policing strategies. ln Missouri, there is well over 51 thousand guardianships currently operating. Every guardianship has a minimum of one guardian. This translates into well over 100,000 Missourians who peace officers across our state will or have the potential of encountering, which itself provides a sound needs-based rationale for the L.E.S.T. educational and information CLEE course to be approved. Christopher , MGA President & CEO C',.'.S'U-'.c,t -C -.o t L