S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5590

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 4, 2013
                               ___________

Introduced by M. of A. BRENNAN, ROBINSON, ORTIZ, RIVERA, CASTRO, JAFFEE,
  ABBATE,  DenDEKKER,  COLTON, BOYLAND, MOYA, RUSSELL -- Multi-Sponsored
  by -- M. of A. GABRYSZAK, GALEF, PEOPLES-STOKES,  SWEENEY,  TITONE  --
  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:

  Section 1. Article 5 of the social services law is amended by adding a
new title 9 to read as follows:
                                 TITLE 9
                      ELDERLY ABUSE PROTECTIVE ACT
SECTION 310. DECLARATION OF PURPOSE.
        311. DEFINITIONS.
        312. REPORTING THE POSSIBLE NECESSITY FOR PROTECTIVE SERVICES.
        313. ACTION ON REPORTS.
        314. JUDICIAL REVIEW.
        315. AUTHORITY OF OFFICE OF CHILDREN AND FAMILY SERVICES.
        316. ASSISTANCE OF OTHER AGENCIES.
        317. REVIEW.
        318. COSTS FOR PROVIDING PROTECTIVE SERVICES.
        319. ABUSE OF DUTIES OF CARETAKER.
        320. STATEWIDE CENTRAL REGISTER OF ELDERLY ABUSE.
  S 310. DECLARATION OF PURPOSE. THE LEGISLATURE DECLARES THAT NO ELDER-
LY  PERSON  IN  THE  STATE  SHALL  BE SUBJECTED TO ABUSE OR DEPRIVATION.
TOWARDS THAT END THE "ELDERLY ABUSE PROTECTIVE ACT" IS ENACTED.
  S 311. DEFINITIONS. FOR PURPOSES OF THIS TITLE:
  1. THE TERM "ELDERLY PERSON" MEANS ANY RESIDENT OF THE  STATE  WHO  IS
SIXTY-TWO YEARS OF AGE OR OLDER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09128-01-3

A. 5590                             2
              

  2.  AN  ELDERLY  PERSON  SHALL  BE DEEMED TO BE "IN NEED OF PROTECTIVE
SERVICES" IF SUCH PERSON IS UNABLE TO PERFORM OR OBTAIN  SERVICES  WHICH
ARE NECESSARY TO MAINTAIN PHYSICAL AND MENTAL HEALTH.
  3.  THE  TERM  "SERVICES  WHICH ARE NECESSARY TO MAINTAIN PHYSICAL AND
MENTAL HEALTH" INCLUDES, BUT IS NOT LIMITED TO, THE PROVISION OF MEDICAL
CARE FOR PHYSICAL AND MENTAL HEALTH NEEDS, THE RELOCATION OF AN  ELDERLY
PERSON  TO A FACILITY OR INSTITUTION ABLE TO OFFER SUCH CARE, ASSISTANCE
IN PERSONAL HYGIENE, FOOD, CLOTHING, ADEQUATELY  HEATED  AND  VENTILATED
SHELTER,  PROTECTION  FROM  HEALTH  AND  SAFETY HAZARDS, PROTECTION FROM
MALTREATMENT THE RESULT OF WHICH INCLUDES, BUT IS NOT LIMITED TO, MALNU-
TRITION, DEPRIVATION OF NECESSITIES OR PHYSICAL PUNISHMENT,  AND  TRANS-
PORTATION NECESSARY TO SECURE ANY OF THE ABOVE STATED NEEDS, EXCEPT THAT
THIS  TERM  SHALL  NOT  INCLUDE  TAKING SUCH PERSON INTO CUSTODY WITHOUT
CONSENT EXCEPT AS PROVIDED IN THIS TITLE.
  4. THE TERM "PROTECTIVE SERVICES" MEANS SERVICES PROVIDED BY THE STATE
AS DESCRIBED IN SECTION FOUR  HUNDRED  SEVENTY-THREE  OF  THIS  CHAPTER,
WHICH  ARE NECESSARY TO PREVENT ABUSE, NEGLECT, EXPLOITATION OR ABANDON-
MENT.
  5. THE TERM "ABUSE" INCLUDES BUT IS NOT LIMITED TO ANY ACT OR OMISSION
WHICH RESULTS IN THE INFLICTION OF  PHYSICAL  PAIN  OR  INJURY,  OR  THE
INFLICTION  OF  MENTAL  ANGUISH  THAT  REQUIRES MEDICAL ATTENTION OR THE
DEPRIVATION BY A CARETAKER OF SERVICES WHICH ARE NECESSARY  TO  MAINTAIN
PHYSICAL OR MENTAL HEALTH.
  6. THE TERM "NEGLECT" REFERS TO AN ELDERLY PERSON WHO IS EITHER LIVING
ALONE  AND NOT ABLE TO PROVIDE FOR ONESELF THE SERVICES WHICH ARE NECES-
SARY TO MAINTAIN PHYSICAL AND MENTAL HEALTH OR IS NOT RECEIVING THE SAID
NECESSARY SERVICES FROM THE RESPONSIBLE CARETAKER.
  7. THE TERM "EXPLOITATION" MEANS INTENTIONAL ECONOMIC EXPLOITATION  OF
AN ELDERLY PERSON BY MEANS OF THEFT, FRAUD, COERCION OR EXTORTION.
  8.  THE TERM "ABANDONMENT" REFERS TO THE DESERTION OR WILFUL FORSAKING
OF AN ELDERLY PERSON BY A CARETAKER OR THE FOREGOING OF  DUTIES  OR  THE
WITHDRAWAL  OR  NEGLECT OF DUTIES AND OBLIGATIONS OWED AN ELDERLY PERSON
BY A CARETAKER OR OTHER PERSON.
  9. THE TERM "CARETAKER" MEANS A PERSON WHO HAS THE RESPONSIBILITY  FOR
THE  CARE OF AN ELDERLY PERSON AS A RESULT OF FAMILY RELATIONSHIP OR WHO
HAS ASSUMED THE RESPONSIBILITY FOR THE CARE OF THE ELDERLY  VOLUNTARILY,
BY CONTRACT OR BY ORDER OF A COURT OF COMPETENT JURISDICTION.
  S  312.  REPORTING THE POSSIBLE NECESSITY FOR PROTECTIVE SERVICES.  1.
ANY LICENSED PHYSICIAN OR SURGEON, ANY RESIDENT PHYSICIAN OR  INTERN  IN
ANY  HOSPITAL  IN THIS STATE, WHETHER OR NOT SO LICENSED, ANY REGISTERED
NURSE, ANY ADULT CARE FACILITY ADMINISTRATOR, ANY PERSON PAID FOR CARING
FOR A RESIDENT IN AN ADULT CARE FACILITY, ANY STAFF PERSON  EMPLOYED  BY
AN  ADULT CARE FACILITY, ANY PATIENT'S ADVOCATE AND ANY LICENSED PRACTI-
CAL NURSE, MEDICAL EXAMINER, DENTIST, OSTEOPATH, OPTOMETRIST, CHIROPRAC-
TOR, PODIATRIST, SOCIAL WORKER, CORONER, CLERGYMAN, PEACE OFFICER, PHAR-
MACIST OR PHYSICAL  THERAPIST  OR  ANY  ATTORNEY,  ACCOUNTANT,  TRUSTEE,
GUARDIAN, CONSERVATOR OR OTHER PERSON WHO HAS RESPONSIBILITY FOR PREPAR-
ING THE TAX RECORDS OF AN ELDERLY PERSON OR A PERSON WHO HAS A FIDUCIARY
RESPONSIBILITY  FOR  ANY OTHER ACTION CONCERNING THE USE OR PRESERVATION
OF AN ELDERLY ADULT'S PROPERTY, WHO HAS A REASONABLE  BASIS  TO  BELIEVE
THAT  ANY  ELDERLY PERSON HAS BEEN ABUSED, NEGLECTED, EXPLOITED OR ABAN-
DONED, OR IS IN A CONDITION WHICH IS THE RESULT OF SUCH ABUSE,  NEGLECT,
EXPLOITATION  OR  ABANDONMENT, OR WHO IS IN NEED OF PROTECTIVE SERVICES,
OR ANY ATTORNEY, ACCOUNTANT, TRUSTEE,  GUARDIAN,  CONSERVATOR  OR  OTHER
PERSON WHO HAS RESPONSIBILITY FOR PREPARING THE TAX RECORDS OF AN ELDER-
LY  PERSON  OR A PERSON WHO HAS A FIDUCIARY RESPONSIBILITY FOR ANY OTHER

A. 5590                             3

ACTION CONCERNING THE USE OR RETENTION OF AN  ELDERLY  ADULT'S  PROPERTY
WHO  HAS  A  REASONABLE  BASIS TO BELIEVE THAT AN ELDERLY ADULT HAS BEEN
EXPLOITED, SHALL WITHIN THREE CALENDAR DAYS REPORT SUCH  INFORMATION  OR
CAUSE A REPORT TO BE MADE IN THE FOLLOWING MANNER:
  (A)  IF  THE ABUSE HAS OCCURRED IN A LONG-TERM CARE FACILITY, EXCEPT A
STATE MENTAL HOSPITAL OR A STATE DEVELOPMENT CENTER, THE REPORT SHALL BE
MADE TO THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES;
  (B) IF THE SUSPECTED OR ALLEGED  ABUSE  OCCURRED  IN  A  STATE  MENTAL
HEALTH  HOSPITAL  OR  A  STATE DEVELOPMENTAL CENTER, THE REPORT SHALL BE
MADE TO THE OFFICE OF MENTAL HEALTH OR THE OFFICE FOR PEOPLE WITH DEVEL-
OPMENTAL DISABILITIES; OR
  (C) IF THE ABUSE HAS OCCURRED ANY PLACE OTHER THAN  ONE  DESCRIBED  IN
PARAGRAPH  (A)  OR  (B) OF THIS SUBDIVISION, THE REPORT SHALL BE MADE TO
THE STATEWIDE CENTRAL REGISTRY.
  ANY PERSON REQUIRED TO REPORT UNDER THE PROVISION OF THIS SECTION  WHO
FAILS  TO  MAKE  SUCH  REPORT  MAY  BE  FINED NOT MORE THAN FIVE HUNDRED
DOLLARS.
  2. SUCH REPORT SHALL CONTAIN THE NAME  AND  ADDRESS  OF  THE  INVOLVED
ELDERLY  PERSON,  INFORMATION  REGARDING  THE  NATURE  AND EXTENT OF THE
ABUSE, NEGLECT, EXPLOITATION OR ABANDONMENT, AND ANY  OTHER  INFORMATION
WHICH  THE REPORTER BELIEVES MIGHT BE HELPFUL IN AN INVESTIGATION OF THE
CASE AND THE PROTECTION OF SUCH ELDERLY PERSON.
  3. ANY OTHER PERSON HAVING REASONABLE CAUSE TO BELIEVE THAT AN ELDERLY
PERSON IS BEING, OR HAS BEEN ABUSED, NEGLECTED, EXPLOITED  OR  ABANDONED
OR  WHO IS IN NEED OF PROTECTIVE SERVICES MAY REPORT SUCH INFORMATION IN
ANY REASONABLE MANNER TO THE COMMISSIONER OF THE OFFICE OF CHILDREN  AND
FAMILY SERVICES OR HIS OR HER DESIGNEE.
  4.  ANY  PERSON  WHO  MAKES  ANY REPORT PURSUANT TO THIS TITLE, OR WHO
TESTIFIES IN ANY ADMINISTRATIVE OR JUDICIAL PROCEEDING ARISING FROM SUCH
REPORT SHALL BE IMMUNE FROM ANY CIVIL OR CRIMINAL LIABILITY  ON  ACCOUNT
OF  SUCH  REPORT  OR TESTIMONY, EXCEPT FOR LIABILITY FOR PERJURY, UNLESS
SUCH PERSON WAS GROSSLY NEGLIGENT OR ACTED IN BAD FAITH  OR  WITH  MALI-
CIOUS PURPOSE.
  5. ANY PHYSICIAN, SURGEON, OR PSYCHOTHERAPIST SHALL NOT BE REQUIRED TO
FILE  A  REPORT PURSUANT TO THIS SECTION IF ALL THE FOLLOWING CONDITIONS
ARE MET:
  (A) SUCH PHYSICIAN, SURGEON, OR PSYCHOTHERAPIST HAS BEEN  TOLD  BY  AN
ELDER OR DEPENDENT ADULT THAT HE OR SHE HAS EXPERIENCED BEHAVIOR CONSTI-
TUTING  PHYSICAL  ABUSE,  ABANDONMENT,  ISOLATION,  FINANCIAL  ABUSE, OR
NEGLECT;
  (B) SUCH PHYSICIAN, SURGEON, OR PSYCHOTHERAPIST IS NOT  AWARE  OF  ANY
INDEPENDENT  EVIDENCE  THAT  CORROBORATES  THE  STATEMENT THAT ABUSE HAS
OCCURRED;
  (C) THE ELDER OR DEPENDENT ADULT HAS  BEEN  DIAGNOSED  WITH  A  MENTAL
ILLNESS  OR  DEMENTIA, OR IS THE SUBJECT OF A COURT ORDERED CONSERVATOR-
SHIP BECAUSE OF MENTAL ILLNESS OR DEMENTIA; AND
  (D) IN THE EXERCISE OF CLINICAL JUDGMENT, SUCH PHYSICIAN, SURGEON,  OR
PSYCHOTHERAPIST REASONABLY BELIEVES THAT SUCH ABUSE DID NOT OCCUR.
  6.  IN  A  LONG-TERM  CARE FACILITY, A PERSON WHO OTHERWISE WOULD HAVE
BEEN REQUIRED TO REPORT ABUSE PURSUANT TO THIS  SECTION,  SHALL  NOT  BE
REQUIRED TO FILE A REPORT IF THE FOLLOWING CONDITIONS ARE MET:
  (A) SUCH PERSON IS AWARE THAT THERE IS A PROPER PLAN OF CARE;
  (B)  SUCH  PERSON IS AWARE THAT THE PLAN OF CARE WAS PROPERLY PROVIDED
OR EXECUTED;
  (C) A PHYSICAL, MENTAL, OR MEDICAL INJURY OCCURRED AS A RESULT OF CARE
PROVIDED PURSUANT TO PARAGRAPH (A) OR (B) OF THIS SUBDIVISION; AND

A. 5590                             4

  (D) SUCH PERSON REASONABLY BELIEVES THAT THE INJURY WAS NOT THE RESULT
OF ABUSE.
  7.(A)  ANY INDIVIDUAL SPECIFIED IN SUBDIVISION ONE OF THIS SECTION WHO
HAS KNOWLEDGE OF, OR REASONABLY SUSPECTS THAT, TYPES OF ELDER OR DEPEND-
ENT ADULT ABUSE FOR WHICH REPORTS ARE NOT MANDATED HAVE  BEEN  INFLICTED
UPON AN ELDER OR DEPENDENT ADULT OR THAT HIS OR HER EMOTIONAL WELL-BEING
IS  ENDANGERED  IN  ANY  OTHER  WAY,  MAY  REPORT THE KNOWN OR SUSPECTED
INSTANCE OF ABUSE.
  (B) IF THE SUSPECTED OR ALLEGED ABUSE OCCURRED  IN  A  LONG-TERM  CARE
FACILITY  OTHER  THAN A STATE MENTAL HEALTH HOSPITAL OR A STATE DEVELOP-
MENTAL CENTER, THE REPORT MAY BE MADE TO THE COMMISSIONER OF THE  OFFICE
OF CHILDREN AND FAMILY SERVICES.
  (C)  IF  THE  SUSPECTED  OR  ALLEGED  ABUSE OCCURRED IN A STATE MENTAL
HEALTH HOSPITAL OR A STATE DEVELOPMENTAL CENTER, THE REPORT MAY BE  MADE
TO  THE  OFFICE  OF MENTAL HEALTH OR THE OFFICE FOR PEOPLE WITH DEVELOP-
MENTAL DISABILITIES.
  (D) IF THE SUSPECTED OR ALLEGED ABUSE OCCURRED IN A PLACE OTHER THAN A
PLACE DESCRIBED IN PARAGRAPH (B) OR (C) OF THIS SUBDIVISION, THE  REPORT
MAY BE MADE TO THE STATEWIDE CENTRAL REGISTRY.
  8.  IF  THE CONDUCT INVOLVES CRIMINAL ACTIVITY NOT COVERED IN SUBDIVI-
SION FIVE OR SIX OF THIS SECTION, IT MAY BE IMMEDIATELY REPORTED TO  THE
APPROPRIATE LAW ENFORCEMENT AGENCY.
  9.  WHEN  TWO OR MORE INDIVIDUALS SPECIFIED IN SUBDIVISION ONE OF THIS
SECTION ARE PRESENT AND JOINTLY HAVE  KNOWLEDGE  OR  REASONABLY  SUSPECT
THAT  TYPES OF ABUSE OF AN ELDER OR A DEPENDENT ADULT FOR WHICH A REPORT
IS OR IS NOT MANDATED HAVE OCCURRED, AND WHEN THERE IS  AGREEMENT  AMONG
THEM,  THE TELEPHONE REPORT MAY BE MADE BY A MEMBER OF THE TEAM SELECTED
BY MUTUAL AGREEMENT, AND A SINGLE REPORT MAY BE MADE AND SIGNED  BY  THE
SELECTED MEMBER OF THE REPORTING TEAM. ANY MEMBER WHO HAS KNOWLEDGE THAT
THE  MEMBER  DESIGNATED  TO  REPORT HAS FAILED TO DO SO SHALL THEREAFTER
MAKE THE REPORT.
  10. A TELEPHONE REPORT OF A KNOWN OR SUSPECTED INSTANCE  OF  ELDER  OR
DEPENDENT  ADULT  ABUSE  SHALL INCLUDE THE NAME OF THE PERSON MAKING THE
REPORT, THE NAME AND AGE OF THE ELDER OR DEPENDENT  ADULT,  THE  PRESENT
LOCATION  OF  THE  ELDER  OR DEPENDENT ADULT, THE NAMES AND ADDRESSES OF
FAMILY MEMBERS OR ANY OTHER PERSON RESPONSIBLE FOR THE ELDER OR  DEPEND-
ENT  ADULT'S  CARE,  IF  KNOWN,  THE  NATURE  AND EXTENT OF THE ELDER OR
DEPENDENT ADULT'S CONDITION, THE DATE OF THE  INCIDENT,  AND  ANY  OTHER
INFORMATION, INCLUDING INFORMATION THAT LED THAT PERSON TO SUSPECT ELDER
OR DEPENDENT ADULT ABUSE, REQUESTED BY THE AGENCY RECEIVING THE REPORT.
  S  313.  ACTION ON REPORTS. 1. THE COMMISSIONER OF THE OFFICE OF CHIL-
DREN AND FAMILY SERVICES UPON RECEIVING A REPORT THAT AN ELDERLY  PERSON
ALLEGEDLY  IS  BEING, OR HAS BEEN, ABUSED, NEGLECTED, EXPLOITED OR ABAN-
DONED, OR IS IN NEED OF PROTECTIVE SERVICES SHALL  CAUSE  A  PROMPT  AND
THOROUGH  EVALUATION TO BE MADE, THROUGH THE APPROPRIATE LOCAL OR COUNTY
DEPARTMENT OF SOCIAL SERVICES TO DETERMINE THE SITUATION RELATIVE TO THE
CONDITION OF THE ELDERLY PERSON AND WHAT ACTION AND  SERVICES,  IF  ANY,
ARE  REQUIRED. THE EVALUATION SHALL INCLUDE A VISIT TO THE NAMED ELDERLY
PERSON AND CONSULTATION WITH THOSE INDIVIDUALS HAVING KNOWLEDGE  OF  THE
FACTS OF THE PARTICULAR CASE.
  2.  UPON  PROBABLE CAUSE TO BELIEVE THAT AN INDIVIDUAL COVERED BY THIS
TITLE IS BEING ABUSED, MALTREATED OR NEGLECTED, A REPRESENTATIVE OF  THE
LOCAL  OR  COUNTY  DEPARTMENT  OF  SOCIAL SERVICES, ACCOMPANIED BY A LAW
ENFORCEMENT OFFICER, MAY ENTER A PREMISES, AFTER OBTAINING A COURT ORDER
AND ANNOUNCING THEIR AUTHORITY AND PURPOSE.

A. 5590                             5

  3. UPON COMPLETION OF THE EVALUATION OF EACH  CASE,  WRITTEN  FINDINGS
SHALL  BE PREPARED WHICH SHALL INCLUDE RECOMMENDED ACTION AND A DETERMI-
NATION OF WHETHER PROTECTIVE SERVICES ARE NEEDED.
  4. EACH LOCAL OR COUNTY DEPARTMENT OF SOCIAL SERVICES SHALL MAINTAIN A
REGISTRY  OF  THE  REPORTS RECEIVED, THE EVALUATION AND FINDINGS AND THE
ACTIONS RECOMMENDED, AND SHALL FURNISH COPIES OF SUCH DATA TO THE OFFICE
OF CHILDREN AND FAMILY SERVICES FOR A STATEWIDE REGISTRY.
  5. NEITHER THE ORIGINAL REPORT NOR THE EVALUATION REPORT OF THE  LOCAL
OR COUNTY DEPARTMENT OF SOCIAL SERVICES SHALL BE DEEMED A PUBLIC RECORD.
THE  NAME  OF  THE  PERSON  MAKING  THE  ORIGINAL  REPORT  OR ANY PERSON
MENTIONED IN SUCH REPORT SHALL NOT BE DISCLOSED UNLESS THE PERSON MAKING
THE ORIGINAL REPORT SPECIFICALLY REQUESTS SUCH DISCLOSURE  OR  UNLESS  A
JUDICIAL PROCEEDING RESULTS THEREFROM.
  S  314. JUDICIAL REVIEW. 1. IF IT IS DETERMINED THAT AN ELDERLY PERSON
IS IN NEED OF PROTECTIVE SERVICES, THE LOCAL  OR  COUNTY  DEPARTMENT  OF
SOCIAL  SERVICES    SHALL  FURNISH  THE NECESSARY SERVICES, PROVIDED THE
ELDERLY PERSON CONSENTS.
  2. IF AN ELDERLY PERSON DOES NOT CONSENT TO THE RECEIPT OF  REASONABLE
AND  NECESSARY  PROTECTIVE  SERVICES,  OR  IF  SUCH PERSON WITHDRAWS THE
CONSENT, SUCH SERVICES SHALL NOT BE PROVIDED OR CONTINUED,  EXCEPT  THAT
IF  THE  COMMISSIONER  OF THE OFFICE OF CHILDREN AND FAMILY SERVICES HAS
REASON TO BELIEVE THAT SUCH ELDERLY PERSON IS AT RISK  OF  SERIOUS  HARM
AND  LACKS CAPACITY TO CONSENT, HE OR SHE MAY PROCEED TO PETITION FOR AN
ORDER FOR SHORT-TERM INVOLUNTARY PROTECTIVE SERVICES PURSUANT TO SECTION
FOUR HUNDRED SEVENTY-THREE-A OF THIS CHAPTER.
  3. IF THE CARETAKER OF AN ELDERLY PERSON  WHO  HAS  CONSENTED  TO  THE
RECEIPT OF REASONABLE AND NECESSARY PROTECTIVE SERVICES REFUSES TO ALLOW
THE  PROVISION OF SUCH SERVICES TO SUCH ELDERLY PERSON, THE COMMISSIONER
OF THE OFFICE OF CHILDREN AND FAMILY SERVICES MAY PETITION  THE  SUPREME
COURT OR THE SURROGATE'S COURT FOR AN ORDER ENJOINING THE CARETAKER FROM
INTERFERING  WITH  THE  PROVISION  OF PROTECTIVE SERVICES TO THE ELDERLY
PERSON. THE PETITION SHALL ALLEGE SPECIFIC FACTS SUFFICIENT TO SHOW THAT
THE ELDERLY PERSON IS IN NEED OF PROTECTIVE  SERVICES  AND  CONSENTS  TO
THEIR PROVISION AND THAT THE CARETAKER REFUSES TO ALLOW THE PROVISION OF
SUCH  SERVICES. IF THE JUDGE FINDS THAT THE ELDERLY PERSON IS IN NEED OF
SUCH SERVICES AND HAS BEEN PREVENTED BY THE CARETAKER FROM RECEIVING THE
SAME, THE JUDGE MAY ISSUE AN ORDER ENJOINING THE CARETAKER  FROM  INTER-
FERING WITH THE PROVISION OF PROTECTIVE SERVICES TO THE ELDERLY PERSON.
  S  315. AUTHORITY OF OFFICE OF CHILDREN AND FAMILY SERVICES.  1. EVERY
PERSON, DEPARTMENT, AGENCY OR COMMISSION AUTHORIZED  TO  CARRY  OUT  THE
DUTIES  ENUMERATED  IN  THIS  TITLE  SHALL  HAVE  ACCESS TO ALL RELEVANT
RECORDS, EXCEPT THAT RECORDS WHICH ARE CONFIDENTIAL TO AN ELDERLY PERSON
SHALL ONLY BE DISCLOSED WITH THE WRITTEN CONSENT OF THE  ELDERLY  PERSON
OR  HIS  OR  HER REPRESENTATIVE. THE AUTHORITY OF THE OFFICE OF CHILDREN
AND FAMILY SERVICES UNDER THIS TITLE SHALL INCLUDE, BUT NOT  BE  LIMITED
TO,  THE  RIGHT TO INITIATE OR OTHERWISE TAKE THOSE ACTIONS NECESSARY TO
ASSURE THE HEALTH, SAFETY AND WELFARE OF ANY ELDERLY PERSON, SUBJECT  TO
ANY  SPECIFIC  REQUIREMENT  FOR  INDIVIDUAL  CONSENT,  AND  THE RIGHT TO
AUTHORIZE THE TRANSFER OF AN ELDERLY PERSON FROM AN ADULT CARE FACILITY,
INTERMEDIATE OR RESIDENTIAL  HEALTH  CARE  FACILITY,  NURSING  HOME,  OR
HOSPITAL.
  2.  THE  OFFICE  OF  CHILDREN AND FAMILY SERVICES, WITHIN TEN CALENDAR
DAYS OF THE REFERRAL OF  ANY  CASES  FOR  THE  PROVISION  OF  PROTECTIVE
SERVICES,  SHALL  FURNISH  THE  LOCAL  OR  COUNTY  DEPARTMENT  OF SOCIAL
SERVICES A WRITTEN REPORT OUTLINING THE INTENDED PLAN OF  SERVICES.  THE

A. 5590                             6

LOCAL  OR  COUNTY  DEPARTMENT OF SOCIAL SERVICES SHALL HAVE THE RIGHT TO
COMMENT ON THE PROPOSED PLAN.
  S  316.  ASSISTANCE  OF  OTHER  AGENCIES. IN PERFORMING THE DUTIES SET
FORTH IN THIS TITLE, THE LOCAL OR COUNTY DEPARTMENT OF  SOCIAL  SERVICES
MAY  REQUEST THE ASSISTANCE OF THE STAFFS AND RESOURCES OF ALL APPROPRI-
ATE STATE DEPARTMENTS, AGENCIES AND COMMISSIONS AND LOCAL HEALTH  DIREC-
TORS.
  S  317.  REVIEW.  SUBSEQUENT TO THE AUTHORIZATION FOR THE PROVISION OF
REASONABLE AND NECESSARY PROTECTIVE SERVICES, THE OFFICE OF CHILDREN AND
FAMILY SERVICES SHALL INITIATE A REVIEW OF EACH CASE  WITHIN  FORTY-FIVE
DAYS,  TO  DETERMINE  WHETHER  CONTINUATION  OF, OR MODIFICATION IN, THE
SERVICES PROVIDED IS WARRANTED. A DECISION TO CONTINUE THE PROVISION  OF
SUCH  SERVICES SHOULD BE MADE IN CONCERT WITH APPROPRIATE PERSONNEL FROM
OTHER INVOLVED STATE AND LOCAL GROUPS,  AGENCIES  AND  DEPARTMENTS,  AND
SHALL COMPLY WITH THE CONSENT PROVISIONS OF THIS TITLE. REEVALUATIONS OF
EACH SUCH CASE SHALL BE MADE EVERY NINETY DAYS THEREAFTER. THE OFFICE OF
CHILDREN AND FAMILY SERVICES SHALL ADVISE THE APPROPRIATE LOCAL OR COUN-
TY  DEPARTMENT OF SOCIAL SERVICES OF THE DECISIONS RELATIVE TO CONTINUA-
TION OF PROTECTIVE SERVICES FOR EACH SUCH ELDERLY PERSON.
  S 318. COSTS FOR PROVIDING PROTECTIVE SERVICES. PRIOR  TO  IMPLEMENTA-
TION  OF  ANY  PROTECTIVE SERVICES, AN EVALUATION SHALL BE UNDERTAKEN BY
THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT TO REGULATIONS WHICH
SHALL BE ADOPTED BY THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMI-
LY SERVICES REGARDING THE  ELDERLY  PERSON'S  FINANCIAL  CAPABILITY  FOR
PAYING FOR THE PROTECTIVE SERVICES. IF THE PERSON IS SO ABLE, PROCEDURES
FOR  THE  REIMBURSEMENT FOR THE COSTS OF PROVIDING THE NEEDED PROTECTIVE
SERVICES SHOULD BE INITIATED. IF IT IS DETERMINED THAT THE PERSON IS NOT
FINANCIALLY CAPABLE OF PAYING FOR SUCH  NEEDED  SERVICES,  THE  SERVICES
SHALL BE PROVIDED IN ACCORDANCE WITH POLICIES AND PROCEDURES ESTABLISHED
BY  THE  COMMISSIONER  OF THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR
THE PROVISION OF SOCIAL SERVICES BENEFITS UNDER SUCH CIRCUMSTANCES.
  S 319. ABUSE OF DUTIES OF CARETAKER. IF AS A RESULT  OF  ANY  INVESTI-
GATION  INITIATED UNDER THE PROVISIONS OF THIS TITLE, A DETERMINATION IS
MADE THAT A CARETAKER OR OTHER PERSON HAS ABUSED,  NEGLECTED,  EXPLOITED
OR  ABANDONED  AN  ELDERLY PERSON, SUCH INFORMATION SHALL BE REFERRED IN
WRITING TO THE ATTORNEY GENERAL OR HIS OR HER DESIGNEE, AND THE DISTRICT
ATTORNEY IN THE COUNTY IN WHICH  THE  ABUSE,  NEGLECT,  EXPLOITATION  OR
ABANDONMENT  IS  BELIEVED  TO  HAVE  OCCURRED  WHICH  SHALL CONDUCT SUCH
FURTHER INVESTIGATION, IF ANY IS DEEMED NECESSARY  AND  SHALL  DETERMINE
WHETHER  CRIMINAL PROCEEDINGS SHOULD BE INITIATED AGAINST SUCH CARETAKER
OR OTHER PERSON, IN ACCORDANCE WITH APPLICABLE STATE LAW.
  S 320. STATEWIDE CENTRAL REGISTER OF ELDERLY ABUSE. 1.  THERE SHALL BE
ESTABLISHED IN THE OFFICE OF CHILDREN AND FAMILY  SERVICES  A  STATEWIDE
CENTRAL REGISTER OF ELDERLY ABUSE REPORTS MADE PURSUANT TO THIS TITLE.
  2.  THE  CENTRAL REGISTER SHALL BE CAPABLE OF RECEIVING ORAL AND ELEC-
TRONIC REPORTS OF ELDERLY ABUSE, NEGLECT,  EXPLOITATION  OR  ABANDONMENT
AND  OF IMMEDIATELY IDENTIFYING PRIOR REPORTS OF ELDERLY ABUSE, NEGLECT,
EXPLOITATION OR ABANDONMENT AND CAPABLE OF MONITORING THE  PROVISION  OF
ELDERLY  PROTECTIVE SERVICES TWENTY-FOUR HOURS A DAY, SEVEN DAYS A WEEK.
TO EFFECTUATE THIS PURPOSE, BUT SUBJECT TO THE PROVISIONS OF THE  APPRO-
PRIATE  LOCAL  PLAN  FOR  THE  PROVISION OF ELDERLY PROTECTIVE SERVICES,
THERE SHALL BE A SINGLE STATEWIDE TELEPHONE  NUMBER  THAT  ALL  PERSONS,
WHETHER  MANDATED  BY  LAW  OR NOT, MAY USE TO REPORT CASES OF SUSPECTED
ELDERLY ABUSE, NEGLECT, EXPLOITATION OR ABANDONMENT AND THAT ALL PERSONS
SO AUTHORIZED BY THIS TITLE MAY USE FOR  DETERMINING  THE  EXISTENCE  OF
PRIOR REPORTS IN ORDER TO EVALUATE THE CONDITION OR CIRCUMSTANCES OF THE

A. 5590                             7

ELDERLY  PERSON  BEFORE  THEM.    SUCH ORAL REPORTS SHALL BE IMMEDIATELY
TRANSMITTED ORALLY OR ELECTRONICALLY BY THE OFFICE OF CHILDREN AND FAMI-
LY SERVICES TO THE APPROPRIATE LOCAL ELDERLY PROTECTIVE SERVICE. IF  THE
RECORDS  INDICATE  A PREVIOUS REPORT CONCERNING A SUBJECT OF THE REPORT,
OTHER PERSONS NAMED IN THE REPORT OR OTHER  PERTINENT  INFORMATION,  THE
APPROPRIATE  LOCAL ELDERLY PROTECTIVE SERVICE SHALL BE IMMEDIATELY NOTI-
FIED OF THE FACT.
  3. THE CENTRAL REGISTER SHALL  INCLUDE  BUT  NOT  BE  LIMITED  TO  THE
FOLLOWING  INFORMATION:  ALL  THE  INFORMATION  IN THE WRITTEN REPORT; A
RECORD OF THE  FINAL  DISPOSITION  OF  THE  REPORT,  INCLUDING  SERVICES
OFFERED  AND  SERVICES  ACCEPTED; THE PLAN FOR REHABILITATIVE TREATMENT;
THE NAMES AND IDENTIFYING DATA, DATES AND CIRCUMSTANCES  OF  ANY  PERSON
REQUESTING  OR  RECEIVING  INFORMATION  FROM THE REGISTER; AND ANY OTHER
INFORMATION WHICH THE COMMISSIONER OF THE OFFICE OF CHILDREN AND  FAMILY
SERVICES BELIEVES MIGHT BE HELPFUL IN THE FURTHERANCE OF THE PURPOSES OF
THIS CHAPTER.
  4.  REPORTS  MADE PURSUANT TO THIS TITLE AS WELL AS ANY OTHER INFORMA-
TION OBTAINED, REPORTS WRITTEN  OR  PHOTOGRAPHS  TAKEN  CONCERNING  SUCH
REPORTS  IN THE POSSESSION OF THE OFFICE OF CHILDREN AND FAMILY SERVICES
OR LOCAL DEPARTMENTS SHALL BE CONFIDENTIAL AND SHALL ONLY BE MADE AVAIL-
ABLE TO (A) A PHYSICIAN WHO HAS BEFORE HIM OR HER AN ELDERLY PERSON WHOM
HE OR SHE REASONABLY SUSPECTS MAY BE  ABUSED,  NEGLECTED,  EXPLOITED  OR
ABANDONED; (B) A PERSON AUTHORIZED TO PLACE AN ELDERLY PERSON IN PROTEC-
TIVE  CUSTODY  WHEN  SUCH PERSON HAS BEFORE HIM OR HER AN ELDERLY PERSON
WHOM HE OR SHE REASONABLY SUSPECTS MAY BE ABUSED,  NEGLECTED,  EXPLOITED
OR  ABANDONED  AND SUCH PERSON REQUIRES THE INFORMATION IN THE RECORD TO
DETERMINE WHETHER TO PLACE THE ELDERLY PERSON IN PROTECTIVE CUSTODY; (C)
A DULY AUTHORIZED AGENCY HAVING  THE  RESPONSIBILITY  FOR  THE  CARE  OR
SUPERVISION OF AN ELDERLY PERSON WHO IS REPORTED TO THE CENTRAL REGISTER
OF  ELDERLY  ABUSE;  (D)  ANY PERSON WHO IS THE SUBJECT OF THE REPORT OR
OTHER PERSONS NAMED IN THE REPORT; (E) A COURT, UPON A FINDING THAT  THE
INFORMATION IN THE RECORD IS NECESSARY FOR THE DETERMINATION OF AN ISSUE
BEFORE  THE COURT; (F) A GRAND JURY, UPON A FINDING THAT THE INFORMATION
IN THE RECORD IS NECESSARY FOR THE DETERMINATION OF CHARGES  BEFORE  THE
GRAND  JURY; (G) ANY APPROPRIATE STATE LEGISLATIVE COMMITTEE RESPONSIBLE
FOR ELDERLY PROTECTIVE LEGISLATION AND ANY  TEMPORARY  STATE  COMMISSION
HAVING  THE  POWERS  OF  A LEGISLATIVE COMMITTEE AND HAVING THE POWER TO
REVIEW SUCH LEGISLATION AND MAKE RECOMMENDATIONS THEREON TO THE GOVERNOR
AND LEGISLATURE; (H) ANY PERSON ENGAGED IN A BONA FIDE RESEARCH PURPOSE,
PROVIDED, HOWEVER, THAT NO INFORMATION IDENTIFYING THE SUBJECTS  OF  THE
REPORT  OR  OTHER PERSONS NAMED IN THE REPORT SHALL BE MADE AVAILABLE TO
THE RESEARCHER UNLESS IT IS ABSOLUTELY ESSENTIAL TO THE RESEARCH PURPOSE
AND THE OFFICE OF CHILDREN AND FAMILY SERVICES GIVES PRIOR APPROVAL; (I)
AUTHORIZED AGENCIES AND THE OFFICE FOR THE AGING; (J) THE STATE  COMMIS-
SION  ON QUALITY OF CARE FOR THE MENTALLY DISABLED IN CONNECTION WITH AN
INVESTIGATION BEING CONDUCTED BY  THE  COMMISSION  PURSUANT  TO  ARTICLE
FORTY-FIVE  OF  THE  MENTAL HYGIENE LAW.  HOWEVER, NO INFORMATION MAY BE
RELEASED UNLESS THE PERSON OR OFFICIAL'S IDENTITY IS  CONFIRMED  BY  THE
DEPARTMENT  AND  THE  RELEASED  INFORMATION STATES WHETHER THE REPORT IS
"INDICATED" OR "UNDER INVESTIGATION,"  WHICHEVER  THE  CASE  MAY  BE.  A
PERSON  GIVEN  ACCESS  TO THE NAMES OR OTHER INFORMATION IDENTIFYING THE
SUBJECTS OF THE REPORT OR OTHER PERSONS NAMED IN THE REPORT, EXCEPT  THE
SUBJECT  OF  THE  REPORT OR OTHER PERSONS NAMED IN THE REPORT, SHALL NOT
DIVULGE OR MAKE PUBLIC SUCH IDENTIFYING INFORMATION UNLESS HE OR SHE  IS
A DISTRICT ATTORNEY OR OTHER LAW ENFORCEMENT OFFICIAL AND THE PURPOSE IS
TO INITIATE COURT ACTION.

A. 5590                             8

  5.  UNLESS  AN  INVESTIGATION  OF  A REPORT CONDUCTED PURSUANT TO THIS
TITLE DETERMINES THAT THERE IS SOME CREDIBLE  EVIDENCE  OF  THE  ALLEGED
ABUSE, NEGLECT, EXPLOITATION OR ABANDONMENT, ALL INFORMATION IDENTIFYING
THE  SUBJECTS  OF THE REPORT AND OTHER PERSONS NAMED IN THE REPORT SHALL
BE  EXPUNGED FROM THE CENTRAL REGISTER AND FROM THE RECORDS OF ALL LOCAL
ELDERLY PROTECTIVE SERVICES FORTHWITH.
  6. IN ALL OTHER CASES, THE RECORD OF THE REPORT TO THE CENTRAL  REGIS-
TER  SHALL  BE  EXPUNGED  NO LATER THAN TEN YEARS AFTER THE DEATH OF THE
ELDERLY PERSON. IN ANY CASE AND AT ANY TIME,  THE  COMMISSIONER  OF  THE
OFFICE  OF  CHILDREN AND FAMILY SERVICES MAY AMEND OR EXPUNGE ANY RECORD
UPON GOOD CAUSE SHOWN AND NOTICE TO THE SUBJECTS OF THE REPORT AND OTHER
PERSONS NAMED IN THE REPORT.
  7. AT ANY TIME, A SUBJECT OF A REPORT AND OTHER PERSONS NAMED  IN  THE
REPORT MAY RECEIVE, UPON REQUEST, A COPY OF ALL INFORMATION CONTAINED IN
THE  CENTRAL  REGISTER;  PROVIDED, HOWEVER, THAT THE COMMISSIONER OF THE
OFFICE OF CHILDREN AND FAMILY SERVICES IS  AUTHORIZED  TO  PROHIBIT  THE
RELEASE  OF  DATA  THAT WOULD IDENTIFY THE PERSON WHO MADE THE REPORT OR
WHO COOPERATED IN A SUBSEQUENT INVESTIGATION, WHICH HE OR SHE REASONABLY
FINDS WILL BE DETRIMENTAL TO THE SAFETY OR INTERESTS OF SUCH PERSON.
  8. AT ANY TIME SUBSEQUENT TO THE COMPLETION OF THE  INVESTIGATION  BUT
IN  NO  EVENT  LATER THAN NINETY DAYS AFTER THE SUBJECT OF THE REPORT IS
NOTIFIED THAT THE REPORT  IS  INDICATED  THE  SUBJECT  MAY  REQUEST  THE
COMMISSIONER  OF  THE OFFICE OF CHILDREN AND FAMILY SERVICES TO AMEND OR
EXPUNGE THE RECORD OF THE REPORT. IF THE COMMISSIONER OF THE  OFFICE  OF
CHILDREN AND FAMILY SERVICES DOES NOT AMEND OR EXPUNGE THE REPORT WITHIN
NINETY  DAYS OF RECEIVING SUCH REQUEST, THE SUBJECT SHALL HAVE THE RIGHT
TO A FAIR HEARING TO DETERMINE WHETHER THE RECORD OF THE REPORT  IN  THE
CENTRAL REGISTER SHOULD BE AMENDED OR EXPUNGED ON THE GROUNDS THAT IT IS
INACCURATE  OR IT IS BEING MAINTAINED IN A MANNER INCONSISTENT WITH THIS
TITLE. THE APPROPRIATE LOCAL ELDERLY PROTECTIVE SERVICE SHALL  BE  GIVEN
NOTICE OF THE FAIR HEARING. THE BURDEN OF PROOF IN SUCH HEARING SHALL BE
ON  THE  OFFICE  OF  CHILDREN  AND FAMILY SERVICES AND APPROPRIATE LOCAL
ELDERLY PROTECTIVE SERVICE. IN SUCH HEARINGS, THE FACT THAT THERE WAS  A
COURT  FINDING  OF  ABUSE, NEGLECT, EXPLOITATION OR ABANDONMENT SHALL BE
PRESUMPTIVE EVIDENCE THAT THE REPORT WAS SUBSTANTIATED. THE COMMISSIONER
OF THE OFFICE OF CHILDREN AND FAMILY SERVICES OR HIS OR  HER  DESIGNATED
AGENT  IS  HEREBY AUTHORIZED AND EMPOWERED TO MAKE ANY APPROPRIATE ORDER
RESPECTING THE AMENDMENT OR EXPUNGEMENT OF THE RECORD TO MAKE  IT  ACCU-
RATE OR CONSISTENT WITH THE REQUIREMENTS OF THIS TITLE.
  9.  WRITTEN NOTICE OF ANY EXPUNGEMENT OR AMENDMENT OF ANY RECORD, MADE
PURSUANT TO THE PROVISIONS OF THIS TITLE,  SHALL  BE  SERVED  UPON  EACH
SUBJECT OF SUCH RECORD, OTHER PERSONS NAMED IN THE REPORT AND THE APPRO-
PRIATE  LOCAL  ELDERLY  PROTECTIVE  SERVICE. THE LATTER, UPON RECEIPT OF
SUCH NOTICE, SHALL TAKE THE APPROPRIATE SIMILAR ACTION IN REGARD TO  THE
LOCAL ELDERLY ABUSE REGISTER AND INFORM, FOR THE SAME PURPOSE, ANY OTHER
AGENCY WHICH RECEIVED SUCH RECORD PURSUANT TO THIS TITLE.
  10. ANY PERSON WHO WILLFULLY PERMITS AND ANY PERSON WHO ENCOURAGES THE
RELEASE OF ANY DATA AND INFORMATION CONTAINED IN THE CENTRAL REGISTER TO
PERSONS  OR  AGENCIES  NOT  PERMITTED BY THIS TITLE SHALL BE GUILTY OF A
CLASS A MISDEMEANOR.
  S 2. The sum of six hundred thousand dollars ($600,000),  or  so  much
thereof  as  may  be  necessary, is hereby appropriated to the office of
children and family services out of any moneys in the state treasury  in
the  general fund to the credit of the state purposes account not other-
wise appropriated, for its expenses, including personal service, mainte-
nance and operation in carrying out the provisions  of  this  act.  Such

A. 5590                             9

moneys  shall  be payable on the audit and warrant of the comptroller on
vouchers certified or approved by the  commissioner  of  the  office  of
children  and  family  services  or  his  or her designee, in the manner
prescribed by law.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law, except that any rules and regulations neces-
sary  for  the  timely  implementation of this act on its effective date
shall be promulgated on or before such date.