Bill Text: NY A03665 | 2019-2020 | General Assembly | Introduced


Bill Title: Enacts the "elderly abuse protective act" to protect residents 62 years of age or older who suffer abuse or deprivation; requires reports to the commissioner of the office of children and family services of the possible necessity for protective services; specifies action by such commissioner upon receiving such report including evaluation, right of entry, and furnishing of protective services; specifies the authority of the office of children and family services with respect thereto and requires assistance of other agencies in the implementation thereof; provides for judicial and review action against caretakers who abuse elderly; creates statewide central register of elderly abuse; appropriates $600,000 to the office of children and family services.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2020-01-08 - referred to aging [A03665 Detail]

Download: New_York-2019-A03665-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3665
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 30, 2019
                                       ___________
        Introduced  by M. of A. CARROLL, ORTIZ, RIVERA, JAFFEE, ABBATE, DenDEKK-
          ER, COLTON -- Multi-Sponsored by -- M. of A. GALEF, PEOPLES-STOKES  --
          read once and referred to the Committee on Aging
        AN  ACT  to  amend the social services law, in relation to elderly abuse
          protective services; and making an appropriation therefor
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Article 5 of the social services law is amended by adding a
     2  new title 9 to read as follows:
     3                                   TITLE 9
     4                        ELDERLY ABUSE PROTECTIVE ACT
     5  Section 310. Declaration of purpose.
     6          311. Definitions.
     7          312. Reporting the possible necessity for protective services.
     8          313. Action on reports.
     9          314. Judicial review.
    10          315. Authority of office of children and family services.
    11          316. Assistance of other agencies.
    12          317. Review.
    13          318. Costs for providing protective services.
    14          319. Abuse of duties of caretaker.
    15          320. Statewide central register of elderly abuse.
    16    § 310. Declaration of purpose. The legislature declares that no elder-
    17  ly  person  in  the  state  shall  be subjected to abuse or deprivation.
    18  Towards that end the "elderly abuse protective act" is enacted.
    19    § 311. Definitions. For purposes of this title:
    20    1. The term "elderly person" means any resident of the  state  who  is
    21  sixty-two years of age or older.
    22    2.  An  elderly  person  shall  be deemed to be "in need of protective
    23  services" if such person is unable to perform or obtain  services  which
    24  are necessary to maintain physical and mental health.
    25    3.  The  term  "services  which are necessary to maintain physical and
    26  mental health" includes, but is not limited to, the provision of medical
    27  care for physical and mental health needs, the relocation of an  elderly
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02490-01-9

        A. 3665                             2
     1  person  to a facility or institution able to offer such care, assistance
     2  in personal hygiene, food, clothing, adequately  heated  and  ventilated
     3  shelter,  protection  from  health  and  safety hazards, protection from
     4  maltreatment the result of which includes, but is not limited to, malnu-
     5  trition,  deprivation  of necessities or physical punishment, and trans-
     6  portation necessary to secure any of the above stated needs, except that
     7  this term shall not include taking  such  person  into  custody  without
     8  consent except as provided in this title.
     9    4. The term "protective services" means services provided by the state
    10  as  described  in  section  four  hundred seventy-three of this chapter,
    11  which are necessary to prevent abuse, neglect, exploitation or  abandon-
    12  ment.
    13    5. The term "abuse" includes but is not limited to any act or omission
    14  which  results  in  the  infliction  of  physical pain or injury, or the
    15  infliction of mental anguish that  requires  medical  attention  or  the
    16  deprivation  by  a caretaker of services which are necessary to maintain
    17  physical or mental health.
    18    6. The term "neglect" refers to an elderly person who is either living
    19  alone and not able to provide for oneself the services which are  neces-
    20  sary to maintain physical and mental health or is not receiving the said
    21  necessary services from the responsible caretaker.
    22    7.  The term "exploitation" means intentional economic exploitation of
    23  an elderly person by means of theft, fraud, coercion or extortion.
    24    8. The term "abandonment" refers to the desertion or wilful  forsaking
    25  of  an  elderly  person by a caretaker or the foregoing of duties or the
    26  withdrawal or neglect of duties and obligations owed an  elderly  person
    27  by a caretaker or other person.
    28    9.  The term "caretaker" means a person who has the responsibility for
    29  the care of an elderly person as a result of family relationship or  who
    30  has  assumed the responsibility for the care of the elderly voluntarily,
    31  by contract or by order of a court of competent jurisdiction.
    32    § 312. Reporting the possible necessity for protective services.    1.
    33  Any  licensed  physician or surgeon, any resident physician or intern in
    34  any hospital in this state, whether or not so licensed,  any  registered
    35  nurse, any adult care facility administrator, any person paid for caring
    36  for  a  resident in an adult care facility, any staff person employed by
    37  an adult care facility, any patient's advocate and any licensed  practi-
    38  cal nurse, medical examiner, dentist, osteopath, optometrist, chiroprac-
    39  tor, podiatrist, social worker, coroner, clergyman, peace officer, phar-
    40  macist  or  physical  therapist  or  any  attorney, accountant, trustee,
    41  guardian, conservator or other person who has responsibility for prepar-
    42  ing the tax records of an elderly person or a person who has a fiduciary
    43  responsibility for any other action concerning the use  or  preservation
    44  of  an  elderly  adult's property, who has a reasonable basis to believe
    45  that any elderly person has been abused, neglected, exploited  or  aban-
    46  doned,  or is in a condition which is the result of such abuse, neglect,
    47  exploitation or abandonment, or who is in need of  protective  services,
    48  or  any  attorney,  accountant,  trustee, guardian, conservator or other
    49  person who has responsibility for preparing the tax records of an elder-
    50  ly person or a person who has a fiduciary responsibility for  any  other
    51  action  concerning  the  use or retention of an elderly adult's property
    52  who has a reasonable basis to believe that an  elderly  adult  has  been
    53  exploited,  shall  within three calendar days report such information or
    54  cause a report to be made in the following manner:

        A. 3665                             3
     1    (a) if the abuse has occurred in a long-term care facility,  except  a
     2  state mental hospital or a state development center, the report shall be
     3  made to the commissioner of the office of children and family services;
     4    (b)  if  the  suspected  or  alleged  abuse occurred in a state mental
     5  health hospital or a state developmental center,  the  report  shall  be
     6  made to the office of mental health or the office for people with devel-
     7  opmental disabilities; or
     8    (c)  if  the  abuse has occurred any place other than one described in
     9  paragraph (a) or (b) of this subdivision, the report shall  be  made  to
    10  the statewide central register.
    11    Any  person required to report under the provision of this section who
    12  fails to make such report may  be  fined  not  more  than  five  hundred
    13  dollars.
    14    2.  Such  report  shall  contain  the name and address of the involved
    15  elderly person, information regarding  the  nature  and  extent  of  the
    16  abuse,  neglect,  exploitation or abandonment, and any other information
    17  which the reporter believes might be helpful in an investigation of  the
    18  case and the protection of such elderly person.
    19    3. Any other person having reasonable cause to believe that an elderly
    20  person  is  being, or has been abused, neglected, exploited or abandoned
    21  or who is in need of protective services may report such information  in
    22  any  reasonable manner to the commissioner of the office of children and
    23  family services or his or her designee.
    24    4. Any person who makes any report pursuant  to  this  title,  or  who
    25  testifies in any administrative or judicial proceeding arising from such
    26  report  shall  be immune from any civil or criminal liability on account
    27  of such report or testimony, except for liability  for  perjury,  unless
    28  such  person  was  grossly negligent or acted in bad faith or with mali-
    29  cious purpose.
    30    5. Any physician, surgeon, or psychotherapist shall not be required to
    31  file a report pursuant to this section if all the  following  conditions
    32  are met:
    33    (a)  such  physician,  surgeon, or psychotherapist has been told by an
    34  elder or dependent adult that he or she has experienced behavior consti-
    35  tuting physical  abuse,  abandonment,  isolation,  financial  abuse,  or
    36  neglect;
    37    (b)  such  physician,  surgeon, or psychotherapist is not aware of any
    38  independent evidence that corroborates  the  statement  that  abuse  has
    39  occurred;
    40    (c)  the  elder  or  dependent  adult has been diagnosed with a mental
    41  illness or dementia, or is the subject of a court  ordered  conservator-
    42  ship because of mental illness or dementia; and
    43    (d)  in the exercise of clinical judgment, such physician, surgeon, or
    44  psychotherapist reasonably believes that such abuse did not occur.
    45    6. In a long-term care facility, a person  who  otherwise  would  have
    46  been  required  to  report  abuse pursuant to this section, shall not be
    47  required to file a report if the following conditions are met:
    48    (a) such person is aware that there is a proper plan of care;
    49    (b) such person is aware that the plan of care was  properly  provided
    50  or executed;
    51    (c) a physical, mental, or medical injury occurred as a result of care
    52  provided pursuant to paragraph (a) or (b) of this subdivision; and
    53    (d) such person reasonably believes that the injury was not the result
    54  of abuse.
    55    7.(a)  Any individual specified in subdivision one of this section who
    56  has knowledge of, or reasonably suspects that, types of elder or depend-

        A. 3665                             4
     1  ent adult abuse for which reports are not mandated have  been  inflicted
     2  upon an elder or dependent adult or that his or her emotional well-being
     3  is  endangered  in  any  other  way,  may  report the known or suspected
     4  instance of abuse.
     5    (b)  If  the  suspected  or alleged abuse occurred in a long-term care
     6  facility other than a state mental health hospital or a  state  develop-
     7  mental  center, the report may be made to the commissioner of the office
     8  of children and family services.
     9    (c) If the suspected or alleged  abuse  occurred  in  a  state  mental
    10  health  hospital or a state developmental center, the report may be made
    11  to the office of mental health or the office for  people  with  develop-
    12  mental disabilities.
    13    (d) If the suspected or alleged abuse occurred in a place other than a
    14  place  described in paragraph (b) or (c) of this subdivision, the report
    15  may be made to the statewide central register.
    16    8. If the conduct involves criminal activity not covered  in  subdivi-
    17  sion  five or six of this section, it may be immediately reported to the
    18  appropriate law enforcement agency.
    19    9. When two or more individuals specified in subdivision one  of  this
    20  section  are  present  and  jointly have knowledge or reasonably suspect
    21  that types of abuse of an elder or a dependent adult for which a  report
    22  is  or  is not mandated have occurred, and when there is agreement among
    23  them, the telephone report may be made by a member of the team  selected
    24  by  mutual  agreement, and a single report may be made and signed by the
    25  selected member of the reporting team. Any member who has knowledge that
    26  the member designated to report has failed to  do  so  shall  thereafter
    27  make the report.
    28    10.  A  telephone  report of a known or suspected instance of elder or
    29  dependent adult abuse shall include the name of the  person  making  the
    30  report,  the  name  and age of the elder or dependent adult, the present
    31  location of the elder or dependent adult, the  names  and  addresses  of
    32  family  members or any other person responsible for the elder or depend-
    33  ent adult's care, if known, the  nature  and  extent  of  the  elder  or
    34  dependent  adult's  condition,  the  date of the incident, and any other
    35  information, including information that led that person to suspect elder
    36  or dependent adult abuse, requested by the agency receiving the report.
    37    § 313. Action on reports. 1. The commissioner of the office  of  chil-
    38  dren  and family services upon receiving a report that an elderly person
    39  allegedly is being, or has been, abused, neglected, exploited  or  aban-
    40  doned,  or  is  in  need of protective services shall cause a prompt and
    41  thorough evaluation to be made, through the appropriate local or  county
    42  department of social services to determine the situation relative to the
    43  condition  of  the  elderly person and what action and services, if any,
    44  are required. The evaluation shall include a visit to the named  elderly
    45  person  and  consultation with those individuals having knowledge of the
    46  facts of the particular case.
    47    2. Upon probable cause to believe that an individual covered  by  this
    48  title  is being abused, maltreated or neglected, a representative of the
    49  local or county department of social  services,  accompanied  by  a  law
    50  enforcement officer, may enter a premises, after obtaining a court order
    51  and announcing their authority and purpose.
    52    3.  Upon  completion  of the evaluation of each case, written findings
    53  shall be prepared which shall include recommended action and a  determi-
    54  nation of whether protective services are needed.
    55    4. Each local or county department of social services shall maintain a
    56  registry  of  the  reports received, the evaluation and findings and the

        A. 3665                             5
     1  actions recommended, and shall furnish copies of such data to the office
     2  of children and family services for a statewide register.
     3    5.  Neither the original report nor the evaluation report of the local
     4  or county department of social services shall be deemed a public record.
     5  The name of  the  person  making  the  original  report  or  any  person
     6  mentioned in such report shall not be disclosed unless the person making
     7  the  original  report  specifically requests such disclosure or unless a
     8  judicial proceeding results therefrom.
     9    § 314. Judicial review. 1. If it is determined that an elderly  person
    10  is  in  need  of  protective services, the local or county department of
    11  social services   shall furnish the  necessary  services,  provided  the
    12  elderly person consents.
    13    2.  If an elderly person does not consent to the receipt of reasonable
    14  and necessary protective services,  or  if  such  person  withdraws  the
    15  consent,  such  services shall not be provided or continued, except that
    16  if the commissioner of the office of children and  family  services  has
    17  reason  to  believe  that such elderly person is at risk of serious harm
    18  and lacks capacity to consent, he or she may proceed to petition for  an
    19  order for short-term involuntary protective services pursuant to section
    20  four hundred seventy-three-a of this chapter.
    21    3.  If  the  caretaker  of  an elderly person who has consented to the
    22  receipt of reasonable and necessary protective services refuses to allow
    23  the provision of such services to such elderly person, the  commissioner
    24  of  the  office of children and family services may petition the supreme
    25  court or the surrogate's court for an order enjoining the caretaker from
    26  interfering with the provision of protective  services  to  the  elderly
    27  person. The petition shall allege specific facts sufficient to show that
    28  the  elderly  person  is  in need of protective services and consents to
    29  their provision and that the caretaker refuses to allow the provision of
    30  such services. If the judge finds that the elderly person is in need  of
    31  such services and has been prevented by the caretaker from receiving the
    32  same,  the  judge may issue an order enjoining the caretaker from inter-
    33  fering with the provision of protective services to the elderly person.
    34    § 315. Authority of office of children and family services.  1.  Every
    35  person,  department,  agency  or  commission authorized to carry out the
    36  duties enumerated in this  title  shall  have  access  to  all  relevant
    37  records, except that records which are confidential to an elderly person
    38  shall  only  be disclosed with the written consent of the elderly person
    39  or his or her representative. The authority of the  office  of  children
    40  and  family  services under this title shall include, but not be limited
    41  to, the right to initiate or otherwise take those actions  necessary  to
    42  assure  the health, safety and welfare of any elderly person, subject to
    43  any specific requirement  for  individual  consent,  and  the  right  to
    44  authorize the transfer of an elderly person from an adult care facility,
    45  intermediate  or  residential  health  care  facility,  nursing home, or
    46  hospital.
    47    2. The office of children and family  services,  within  ten  calendar
    48  days  of  the  referral  of  any  cases  for the provision of protective
    49  services, shall  furnish  the  local  or  county  department  of  social
    50  services  a  written report outlining the intended plan of services. The
    51  local or county department of social services shall have  the  right  to
    52  comment on the proposed plan.
    53    §  316.  Assistance  of  other  agencies. In performing the duties set
    54  forth in this title, the local or county department of  social  services
    55  may  request the assistance of the staffs and resources of all appropri-

        A. 3665                             6
     1  ate state departments, agencies and commissions and local health  direc-
     2  tors.
     3    §  317.  Review.  Subsequent to the authorization for the provision of
     4  reasonable and necessary protective services, the office of children and
     5  family services shall initiate a review of each case  within  forty-five
     6  days,  to  determine  whether  continuation  of, or modification in, the
     7  services provided is warranted. A decision to continue the provision  of
     8  such  services should be made in concert with appropriate personnel from
     9  other involved state and local groups,  agencies  and  departments,  and
    10  shall comply with the consent provisions of this title. Reevaluations of
    11  each such case shall be made every ninety days thereafter. The office of
    12  children and family services shall advise the appropriate local or coun-
    13  ty  department of social services of the decisions relative to continua-
    14  tion of protective services for each such elderly person.
    15    § 318. Costs for providing protective services. Prior  to  implementa-
    16  tion  of  any  protective services, an evaluation shall be undertaken by
    17  the office of children and family services pursuant to regulations which
    18  shall be adopted by the commissioner of the office of children and fami-
    19  ly services regarding the  elderly  person's  financial  capability  for
    20  paying for the protective services. If the person is so able, procedures
    21  for  the  reimbursement for the costs of providing the needed protective
    22  services should be initiated. If it is determined that the person is not
    23  financially capable of paying for such  needed  services,  the  services
    24  shall be provided in accordance with policies and procedures established
    25  by  the  commissioner  of the office of children and family services for
    26  the provision of social services benefits under such circumstances.
    27    § 319. Abuse of duties of caretaker. If as a result  of  any  investi-
    28  gation  initiated under the provisions of this title, a determination is
    29  made that a caretaker or other person has abused,  neglected,  exploited
    30  or  abandoned  an  elderly person, such information shall be referred in
    31  writing to the attorney general or his or her designee, and the district
    32  attorney in the county in which  the  abuse,  neglect,  exploitation  or
    33  abandonment  is  believed  to  have  occurred  which  shall conduct such
    34  further investigation, if any is deemed necessary  and  shall  determine
    35  whether  criminal proceedings should be initiated against such caretaker
    36  or other person, in accordance with applicable state law.
    37    § 320. Statewide central register of elderly abuse. 1.  There shall be
    38  established in the office of children and family  services  a  statewide
    39  central register of elderly abuse reports made pursuant to this title.
    40    2.  The  central register shall be capable of receiving oral and elec-
    41  tronic reports of elderly abuse, neglect,  exploitation  or  abandonment
    42  and  of immediately identifying prior reports of elderly abuse, neglect,
    43  exploitation or abandonment and capable of monitoring the  provision  of
    44  elderly  protective services twenty-four hours a day, seven days a week.
    45  To effectuate this purpose, but subject to the provisions of the  appro-
    46  priate  local  plan  for  the  provision of elderly protective services,
    47  there shall be a single statewide telephone  number  that  all  persons,
    48  whether  mandated  by  law  or not, may use to report cases of suspected
    49  elderly abuse, neglect, exploitation or abandonment and that all persons
    50  so authorized by this title may use for  determining  the  existence  of
    51  prior reports in order to evaluate the condition or circumstances of the
    52  elderly  person  before  them.    Such oral reports shall be immediately
    53  transmitted orally or electronically by the office of children and fami-
    54  ly services to the appropriate local elderly protective service. If  the
    55  records  indicate  a previous report concerning a subject of the report,
    56  other persons named in the report or other  pertinent  information,  the

        A. 3665                             7
     1  appropriate  local elderly protective service shall be immediately noti-
     2  fied of the fact.
     3    3.  The  central  register  shall  include  but  not be limited to the
     4  following information: all the information  in  the  written  report;  a
     5  record  of  the  final  disposition  of  the  report, including services
     6  offered and services accepted; the plan  for  rehabilitative  treatment;
     7  the  names  and  identifying data, dates and circumstances of any person
     8  requesting or receiving information from the  register;  and  any  other
     9  information  which the commissioner of the office of children and family
    10  services believes might be helpful in the furtherance of the purposes of
    11  this chapter.
    12    4. Reports made pursuant to this title as well as any  other  informa-
    13  tion  obtained,  reports  written  or  photographs taken concerning such
    14  reports in the possession of the office of children and family  services
    15  or local departments shall be confidential and shall only be made avail-
    16  able to (a) a physician who has before him or her an elderly person whom
    17  he  or  she  reasonably  suspects may be abused, neglected, exploited or
    18  abandoned; (b) a person authorized to place an elderly person in protec-
    19  tive custody when such person has before him or her  an  elderly  person
    20  whom  he  or she reasonably suspects may be abused, neglected, exploited
    21  or abandoned and such person requires the information in the  record  to
    22  determine whether to place the elderly person in protective custody; (c)
    23  a  duly  authorized  agency  having  the  responsibility for the care or
    24  supervision of an elderly person who is reported to the central register
    25  of elderly abuse; (d) any person who is the subject  of  the  report  or
    26  other  persons named in the report; (e) a court, upon a finding that the
    27  information in the record is necessary for the determination of an issue
    28  before the court; (f) a grand jury, upon a finding that the  information
    29  in  the  record is necessary for the determination of charges before the
    30  grand jury; (g) any appropriate state legislative committee  responsible
    31  for  elderly  protective  legislation and any temporary state commission
    32  having the powers of a legislative committee and  having  the  power  to
    33  review such legislation and make recommendations thereon to the governor
    34  and legislature; (h) any person engaged in a bona fide research purpose,
    35  provided,  however,  that no information identifying the subjects of the
    36  report or other persons named in the report shall be made  available  to
    37  the researcher unless it is absolutely essential to the research purpose
    38  and the office of children and family services gives prior approval; (i)
    39  authorized  agencies and the office for the aging.  However, no informa-
    40  tion may be  released  unless  the  person  or  official's  identity  is
    41  confirmed  by the department and the released information states whether
    42  the report is "indicated" or "under investigation," whichever  the  case
    43  may  be. A person given access to the names or other information identi-
    44  fying the subjects of the report or other persons named in  the  report,
    45  except  the  subject of the report or other persons named in the report,
    46  shall not divulge or make public such identifying information unless  he
    47  or  she is a district attorney or other law enforcement official and the
    48  purpose is to initiate court action.
    49    5. Unless an investigation of a  report  conducted  pursuant  to  this
    50  title  determines  that  there  is some credible evidence of the alleged
    51  abuse, neglect, exploitation or abandonment, all information identifying
    52  the subjects of the report and other persons named in the  report  shall
    53  be  expunged from the central register and from the records of all local
    54  elderly protective services forthwith.
    55    6. In all other cases, the record of the report to the central  regis-
    56  ter  shall  be  expunged  no later than ten years after the death of the

        A. 3665                             8
     1  elderly person. In any case and at any time,  the  commissioner  of  the
     2  office  of  children and family services may amend or expunge any record
     3  upon good cause shown and notice to the subjects of the report and other
     4  persons named in the report.
     5    7.  At  any time, a subject of a report and other persons named in the
     6  report may receive, upon request, a copy of all information contained in
     7  the central register; provided, however, that the  commissioner  of  the
     8  office  of  children  and  family services is authorized to prohibit the
     9  release of data that would identify the person who made  the  report  or
    10  who cooperated in a subsequent investigation, which he or she reasonably
    11  finds will be detrimental to the safety or interests of such person.
    12    8.  At  any time subsequent to the completion of the investigation but
    13  in no event later than ninety days after the subject of  the  report  is
    14  notified  that  the  report  is  indicated  the  subject may request the
    15  commissioner of the office of children and family services to  amend  or
    16  expunge  the  record of the report. If the commissioner of the office of
    17  children and family services does not amend or expunge the report within
    18  ninety days of receiving such request, the subject shall have the  right
    19  to  a  fair hearing to determine whether the record of the report in the
    20  central register should be amended or expunged on the grounds that it is
    21  inaccurate or it is being maintained in a manner inconsistent with  this
    22  title.  The  appropriate local elderly protective service shall be given
    23  notice of the fair hearing. The burden of proof in such hearing shall be
    24  on the office of children and  family  services  and  appropriate  local
    25  elderly  protective service. In such hearings, the fact that there was a
    26  court finding of abuse, neglect, exploitation or  abandonment  shall  be
    27  presumptive evidence that the report was substantiated. The commissioner
    28  of  the  office of children and family services or his or her designated
    29  agent is hereby authorized and empowered to make any  appropriate  order
    30  respecting  the  amendment or expungement of the record to make it accu-
    31  rate or consistent with the requirements of this title.
    32    9. Written notice of any expungement or amendment of any record,  made
    33  pursuant  to  the  provisions  of  this title, shall be served upon each
    34  subject of such record, other persons named in the report and the appro-
    35  priate local elderly protective service. The  latter,  upon  receipt  of
    36  such  notice, shall take the appropriate similar action in regard to the
    37  local elderly abuse register and inform, for the same purpose, any other
    38  agency which received such record pursuant to this title.
    39    10. Any person who willfully permits and any person who encourages the
    40  release of any data and information contained in the central register to
    41  persons or agencies not permitted by this title shall  be  guilty  of  a
    42  class A misdemeanor.
    43    §  2.  The  sum of six hundred thousand dollars ($600,000), or so much
    44  thereof as may be necessary, is hereby appropriated  to  the  office  of
    45  children  and family services out of any moneys in the state treasury in
    46  the general fund to the credit of the state purposes account not  other-
    47  wise appropriated, for its expenses, including personal service, mainte-
    48  nance  and  operation  in  carrying out the provisions of this act. Such
    49  moneys shall be payable on the audit and warrant of the  comptroller  on
    50  vouchers  certified  or  approved  by  the commissioner of the office of
    51  children and family services or his  or  her  designee,  in  the  manner
    52  prescribed by law.
    53    § 3. This act shall take effect on the one hundred twentieth day after
    54  it shall have become a law, except that any rules and regulations neces-
    55  sary  for  the  timely  implementation of this act on its effective date
    56  shall be promulgated on or before such date.
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