"SILVER ALERTS" SOUND THE ALARM WHEN CERTAIN SENIORS GO MISSING

Volume 29, Issue 516 May 27, 2008

Kelly Wilkicki

In February of 2008, 86-year-old Mary Zelter signed out of her Key Largo, Florida home for seniors to go food shopping. Less than a week later, her body was found by local fishermen.

As baby boomers age, more and more “Marys” will develop dementia, Alzheimer’s or other mental impairments. The Alzheimer’s Association estimates that currently, 5.1 million Americans suffer from that disease, the most prevalent form of dementia. Of individuals with some form of dementia, the Alzheimer’s Association estimates that six out of ten will wander at least once.

To protect seniors with mental impairments, a growing number of states are enacting laws that call for the development of “Silver Alert” or “Senior Alert” programs. These safety efforts are much like Amber Alert systems, which notify the public when law enforcement determines that a child has been abducted. The 2003 federal PROTECT Act directed the Department of Justice to issue minimum standards for Amber Alerts that states can adopt voluntarily. The Silver and Senior Alert systems are expected to cost very little because they build on the established Amber Alert systems.

So far, Colorado, Georgia, Illinois, Kentucky, Michigan, North Carolina, Oklahoma, Ohio, Texas and Virginia have implemented their own missing person notification systems for individuals with some form of mental impairments (see table below).

Ohio ratified its Senior Alert law earlier this year. “It is important that we have a consistent and systematic way to find our senior citizens when they are in need of being found,” said Ohio Senator John Carey.

The requirements vary from state to state, but generally the person must be over 65, have a mental impairment such as dementia or Alzheimer’s Disease and their disappearance must represent enough of a danger to their health or safety to warrant the activation of an Alert. (Please see the chart below to compare selected state legislation.)

The process of issuing a Silver Alert is fairly straightforward. In Texas, for example, family or legal guardians of a missing senior must provide to local law enforcement agencies proof of the individual's age, domicile in Texas, impaired mental condition and evidence that the individual’s disappearance poses a credible threat to the senior’s health. Once a local law enforcement agency requests it, the Department of Public Safety issues a Silver Alert. The alerts may be broadcast over radio and television using the National Weather Service’s Texas Warning system. The state Department of Transportation also may illuminate messages on automated highway signs and local law enforcement agencies conduct any activities that they deem appropriate.

Before the establishment of the Silver Alert system in North Carolina, officers were required to wait 24 hours before notifying the public about a missing, at-risk adult. The 2007 passage of a law establishing a Silver Alert system eliminated the waiting period. The first day a senior is missing is the most crucial because during that time, many individuals will sustain a serious injury or die.

Virginia’s Silver Alert system requires local authorities to act within two hours of the filing of a missing person report if that person meets the requirements of a Silver Alert. Previously, localities were unable to declare an alert, and had to wait for the State Police to make the announcement before commencing search activities themselves.

Promising Results

Since January of this year, North Carolina has issued 17 Silver Alerts, and has found fifteen persons unharmed and only one deceased. Texas, whose system went live in the fall of 2007, has issued 31 Silver Alerts. Of these, 27 persons were found alive and three were deceased.

On the federal level, a measure to mandate a Silver Alert system in every jurisdiction is currently being drafted by Texas Representative Lloyd Doggett. Please visit the National Silver Haired Congress’ webpage for updates on the bill’s progress. Also, Representative Gus. M. Bilirakis (R-FL), introduced a measure to provide grants to states to establish or improve their Silver Alert systems. The Silver Alert Grant Program Act of 2008 would be administered by the Department of Justice.

Potential Objections

New York Governor George Pataki vetoed one attempt to create such a system, saying it would make missing person alerts too common. Unlike Amber Alerts, which are for a specific population of abducted children, Silver Alerts cover a much broader population.

Despite having widespread support, not all states have implemented Silver or Senior Alerts. Michael Splaine, from the Alzheimer’s Association, is not worried by the slow uptake of these programs. The public was “galvanized at the wrong time in the legislative cycle,” said Splaine, who speculates that more programs will be established in the next legislative session. Also, he feels the states are being more “thoughtful” and are “going more cautiously” about developing their Silver Alert programs.

As of May 2008, Louisiana, New Jersey, Pennsylvania, New York and Rhode Island are considering Silver Alert legislation.

Silver Alert Laws

State	Requirements
Colorado	• Domicile in Colorado • Has a verified developmental disability • Disappearance poses a credible threat to their safety
Georgia	• Disabled adult • Believed missing • In immediate danger or serious injury or death • Sufficient information exists to engage the public’s help
North Carolina	• 18 years old or older • Suffering from dementia or other cognitive impairment • The person is believed to be facing potential harm
Ohio	• The individual be in danger, faces a credible threat • Age 65 or older • Mentally impaired • Reported missing • A temporary or permanent resident of the state
Texas	• 65 or older • Domiciled in Texas • Have Alzheimer’s, dementia or another mental impairment • The disappearance poses a credible threat to the person's health and safety • Silver Alert must be requested with in 72 hours of the person's disappearance • There is sufficient info for the public to help
Virginia	• Has a cognitive impairment which prevents him/her from caring for himself without the assistance of a caregiver • 60 or older • The disappearance poses a threat to the health and safety of the senior