Bill Text: NY A00546 | 2011-2012 | General Assembly | Introduced
Bill Title: Requires the office of children and family services to track and report elder abuse and to issue a biennial report to the governor and legislature and office for the aging regarding the incidence of elder abuse in the state.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2012-02-13 - print number 546a [A00546 Detail]
Download: New_York-2011-A00546-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 546 2011-2012 Regular Sessions I N A S S E M B L Y (PREFILED) January 5, 2011 ___________ Introduced by M. of A. DINOWITZ, BROOK-KRASNY -- Multi-Sponsored by -- M. of A. PHEFFER -- read once and referred to the Committee on Aging AN ACT to amend the social services law, in relation to the tracking and reporting of elder abuse; and providing for the repeal of such provisions upon the expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivisions 6 and 7 of section 473 of the social services 2 law are renumbered subdivisions 7 and 8 and a new subdivision 6 is added 3 to read as follows: 4 6. (A) THE OFFICE OF CHILDREN AND FAMILY SERVICES (HEREINAFTER 5 REFERRED TO IN THIS SECTION AS THE "OFFICE") SHALL, IN COOPERATION WITH 6 THE OFFICE FOR THE AGING, COLLECT DATA ON ELDER ABUSE POSSESSED BY STATE 7 AND LOCAL AGENCIES, INCLUDING BUT NOT LIMITED TO THE DIVISION OF CRIMI- 8 NAL JUSTICE SERVICES, THE DEPARTMENT OF LAW, THE OFFICE FOR THE 9 PREVENTION OF DOMESTIC VIOLENCE AND THE DEPARTMENT OF HEALTH, FOR THE 10 PURPOSE OF IDENTIFYING THE INCIDENCE OF ELDER ABUSE AMONG THE ELDERLY. 11 THE OFFICE SHALL CREATE INTERAGENCY REPORTING SYSTEMS THAT CONTAIN A 12 UNIFORM SET OF STANDARDS TO COLLECT AND ANALYZE SUCH DATA. FURTHERMORE, 13 THE OFFICE, IN CONSULTATION WITH THE OFFICE FOR THE AGING, SHALL ESTAB- 14 LISH A DEFINITION FOR ELDER ABUSE AND THE MINIMUM AGE OF AN ELDERLY 15 PERSON, THAT ENABLES THE OFFICE TO ACCURATELY COMPARE SIMILAR DATA FROM 16 DIFFERENT STATE AND LOCAL AGENCIES. FOR THE PURPOSES OF THIS SUBDIVI- 17 SION, THE OFFICE AND THE OFFICE FOR THE AGING, IN ESTABLISHING THE DEFI- 18 NITION OF ELDER ABUSE, MAY INCORPORATE THE TYPES OF PHYSICAL, SEXUAL AND 19 EMOTIONAL ABUSE, ACTIVE AND PASSIVE NEGLECT, AND FINANCIAL EXPLOITATION 20 DEFINED IN SUBDIVISION SEVEN OF THIS SECTION. 21 (B) COUNTY AND CITY SOCIAL SERVICES AGENCIES, ADULT PROTECTIVE 22 SERVICES UNITS AND PROTECTIVE SERVICES FOR ADULTS UNITS SHALL REPORT 23 INCIDENCES OF ELDER ABUSE, AS DEFINED BY THE OFFICE, TO THE OFFICE IN EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04503-01-1 A. 546 2 1 THE FORMAT SPECIFIED BY SUCH OFFICE AND INCLUDING, BUT NOT LIMITED TO, 2 THE NUMBER OF REFERRALS, INVESTIGATIONS, SUBSTANTIATED CASES, AND DEMO- 3 GRAPHIC INFORMATION ON VICTIMS AND PERPETRATORS. 4 (C) THE OFFICE SHALL, IN COOPERATION WITH THE OFFICE FOR THE AGING, 5 ISSUE A REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, 6 THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE AND THE 7 MINORITY LEADER OF THE ASSEMBLY, ON OR BEFORE MARCH FIRST IN EVEN 8 NUMBERED YEARS. SUCH REPORT SHALL OUTLINE ITS RECOMMENDATIONS FOR DEFIN- 9 ING THE TERM "ELDER ABUSE" IN STATUTE, THE TYPES OF REPORTING REQUIRE- 10 MENTS THAT SHOULD BE INSTITUTED TO PREVENT THE INCIDENCE OF ELDER ABUSE, 11 AND THE PROGRAMS AVAILABLE TO PREVENT ELDER ABUSE AND TO PROVIDE 12 SERVICES TO VICTIMS OF ELDER ABUSE. 13 S 2. This act shall take effect on the first of January next succeed- 14 ing the date on which it shall have become a law, and shall expire and 15 be deemed repealed January 1, 2016.