NY State Senate Bill 2015-S6921

Senate Bill S6921

2015-2016 Legislative Session

Relates to creating a hotline for the reporting of various forms of abuse which may jeopardize the health or welfare of any person

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 15, 2016	reported and committed to finance
Mar 07, 2016	referred to aging

Votes

- Mar 15, 2016 - Aging Committee Vote
  S6921
  
  10
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Aging Committee Vote: Mar 15, 2016
      
      aye (10)
      
      Diaz
      
      Felder
      
      Funke
      
      Golden
      
      Hoylman-Sigal
      
      LaValle
      
      Marchione
      
      Serino
      
      Serrano
      
      Valesky
      
      aye wr (1)
      
      Addabbo Jr.

2015-S6921 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Social Services Law
Laws Affected:: Amd §473, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S2154, S7557
2019-2020: S1418
2021-2022: S6956
2023-2024: S7318

2015-S6921 (ACTIVE) - Summary

Relates to the provision of protective services and creates a hotline and clearinghouse for the reporting of cases involving physical abuse, sexual abuse, emotional abuse, active, passive or self neglect, financial exploitation or other hazardous situations that can reasonably be expected to jeopardize the health and welfare of any individual.

2015-S6921 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6921

 TITLE OF BILL :

An act to amend the social services law, in relation to providing
protective services to certain individuals

 PURPOSE OR GENERAL IDEA OF BILL :

The legislation will require the Office of Children and Family
Services, in conjunction with other agencies, to establish an
interagency clearinghouse for the reporting of cases involving various
forms of abuse.

 SUMMARY OF PROVISIONS :

Section 1 of the bill amends subdivision 1 of section 473 of the
social services law to modify the requirements for protective services
of certain individuals.

Section 2 of the bill amends section 473 of the social services law to
provide for the establishment of an interagency clearinghouse to
receive reports of cases involving physical abuse, sexual abuse,
emotional abuse, active, passive or self neglect, or financial
exploitation as they are defined in subdivision six of the section.
The clearinghouse will be responsible for maintaining a database to

receive reportable incidents on a twenty-four hour per day, seven days
a week basis through a statewide, toll-free telephone number.  The
clearinghouse will be responsible for forwarding allegations to
appropriate state agencies or local services offices. The
clearinghouse shall be responsible for maintaining records that
document the initial complaints, referral procedures, and
documentation submitted by local entities indicating official
findings, measures taken, and the official disposition of the case.

Section 3 of the bill establishes the effective date.

 JUSTIFICATION :

It has been noted that elders who experience abuse, even moderate in
severity, have a three hundred percent higher risk of death when
compared to those who have not been abused. A recent survey by the
U.S. Government Accountability Office found that nationally, APS
programs would benefit from more "easily accessible" and "centrally
available" information on effective services for elder abuse cases.

While many believe that the resources available to Adult Protective
Services are akin to those provided to Child Protective Services,
there are actually significant disparities between the funding
available for each, as well as their respective mandated reporting
requirements. While both systems are responsible for reporting,
investigating, and intervening in reported cases of the abuse of a
vulnerable person, Adult Protective Services unfortunately has less
opportunities for funding from federal and state resources, and must
deal with drastic understaffing and constrained resources to protect
an increasing aging population. As a confounding factor, New York is
one of four states that currently does not require reporting when
someone suspects adult abuse. As a result, there are systematic
problems of cases of abuse going unreported. In fact, a recent study
of elder abuse prevalence in New York found that there was a
significant discrepancy between the rate of elder abuse events
reported by New Yorkers and the number of cases referred to service
agencies, amounting to an incidence rate calculated at nearly
twenty-four times greater than that of the number of referred cases.


Absent a large overhaul of our current system of reporting and
investigating elder abuse cases across the state, we must begin to
take steps to ensure that there are systematic improvements made to
guarantee that we are responding to the needs of the growing aging
population of our state and supporting the local entities that have
served at the front lines of investigation and intervention.
Currently, reports of suspected elder abuse can be received through a
hybrid of offices including local and state hotlines and offices. On
the state level, Adult Protective Services receives complaints through
a hotline established through the Office of Children and Family
Services. This legislation will establish a streamlined reporting
system by enhancing the already established hotline with requirements
that it be staffed on a twenty-four hour, seven days a week, basis and
that the hotline serve as a clearinghouse for all complaints received
in order to increase efficiency and coordinate across agencies and
service lines. The clearinghouse will provide an administrative
tracking function from the initial complaint to reporting by local
entities of the final disposition of the case, ensuring that all
suspected cases of abuse and maltreatment are addressed in a
responsible and timely manner.

Given the increasing elderly population of our state, it is time that
we signal to the public that these cases are a serious problem that
will be combatted with all of the tools available to the state.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

Subject to appropriation

 EFFECTIVE DATE :
This act shall take effect 90 days after enactment.

2015-S6921 (ACTIVE) - Bill Text download pdf

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

                                  6921

                            I N  S E N A T E

                              March 7, 2016
                               ___________

Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Aging

AN ACT to amend the  social  services  law,  in  relation  to  providing
  protective services to certain individuals

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 473 of the social services law, as
amended by chapter 395 of the laws  of  1995,  is  amended  to  read  as
follows:
  1.  In  addition  to  services  provided  by social services officials
pursuant to other provisions  of  this  chapter,  such  officials  shall
provide  protective  services in accordance with federal and state regu-
lations to or for individuals without regard to income who[, because  of
mental  or  physical  impairments,]  are  unable  to  manage  their  own
resources, carry out the activities of daily living,  or  protect  them-
selves  from  physical  abuse,  sexual  abuse,  emotional abuse, active,
passive or self neglect, financial exploitation or other hazardous situ-
ations without assistance from others and have no one available  who  is
willing  and  able  to  assist  them  responsibly.  Such  services shall
include:
  (a) receiving and investigating reports of seriously impaired individ-
uals who may be in need of protection;
  (b) arranging for medical and psychiatric  services  to  evaluate  and
whenever  possible  to  safeguard and improve the circumstances of those
with serious impairments;
  (c) arranging, when necessary, for commitment, guardianship, or  other
protective  placement  of  such  individuals  either directly or through
referral to another appropriate agency, provided,  however,  that  where
possible,  the  least  restrictive  of  these measures shall be employed
before more restrictive controls are imposed;
  (d) providing services to assist such individuals to move  from  situ-
ations which are, or are likely to become, hazardous to their health and
well-being;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14281-01-6

S. 6921                             2

  (e) cooperating and planning with the courts as necessary on behalf of
individuals with serious mental impairments; and
  (f)  other  protective services for adults included in the regulations
of the department.
  S 2. Section 473 of the social services law is amended by adding a new
subdivision 9 to read as follows:
  9. (A) WITHIN AMOUNTS APPROPRIATED THEREFOR, THE  OFFICE  OF  CHILDREN
AND  FAMILY  SERVICES, IN CONJUNCTION WITH THE OFFICE FOR THE AGING, THE
DEPARTMENT OF LAW, THE OFFICE FOR THE PREVENTION OF  DOMESTIC  VIOLENCE,
THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES,  AND  THE NEW YORK STATE
DEPARTMENT OF HEALTH, SHALL CREATE AND ESTABLISH AN  INTERAGENCY  CLEAR-
INGHOUSE  FOR  THE  REPORTING  OF CASES INVOLVING PHYSICAL ABUSE, SEXUAL
ABUSE, EMOTIONAL ABUSE,  ACTIVE,  PASSIVE  OR  SELF  NEGLECT,  FINANCIAL
EXPLOITATION  AS  DEFINED  IN  SUBDIVISION SIX OF THIS SECTION, OR OTHER
HAZARDOUS SITUATIONS THAT CAN REASONABLY BE EXPECTED TO  JEOPARDIZE  THE
HEALTH AND WELFARE OF AN INDIVIDUAL. THE INTERAGENCY CLEARINGHOUSE SHALL
OPERATE  AND  MAINTAIN  A CENTRAL DATABASE TO RECEIVE REPORTS OF ALLEGA-
TIONS OF REPORTABLE INCIDENTS TWENTY-FOUR HOURS PER DAY,  SEVEN  DAYS  A
WEEK. REPORTS OF ALLEGATIONS OF REPORTABLE INCIDENTS SHALL BE SUBMITTED,
BY A STATEWIDE, TOLL-FREE TELEPHONE NUMBER (A "HOTLINE") OR BY ELECTRON-
IC TRANSMISSION, IN A MANNER AND ON FORMS PRESCRIBED BY THE COMMISSIONER
FOR THE OFFICE OF CHILDREN AND FAMILY SERVICES. THE HOTLINE SHALL ACCEPT
ANONYMOUS CALLS.
  (B)  WHEN ANY ALLEGATION THAT COULD REASONABLY CONSTITUTE A REPORTABLE
INCIDENT IS RECEIVED  BY  THE  CLEARINGHOUSE,  THE  CLEARINGHOUSE  SHALL
ACCEPT  AND  IMMEDIATELY  TRANSMIT NOTICE OF THE REPORT ORALLY AND ELEC-
TRONICALLY TO ANY APPROPRIATE STATE AGENCIES OR  LOCAL  SOCIAL  SERVICES
OFFICES.  WHENEVER  A  TELEPHONE  CALL OR ELECTRONIC TRANSMISSION TO THE
CLEARINGHOUSE ALLEGES AN ACT OR  CIRCUMSTANCES  THAT  MAY  CONSTITUTE  A
CRIMINAL OFFENSE OR AN IMMEDIATE THREAT TO AN INDIVIDUAL'S HEALTH, SAFE-
TY  OR  WELFARE,  THE  CLEARINGHOUSE SHALL CONVEY, BY THE MOST EXPEDIENT
MEANS AVAILABLE, THE INFORMATION CONTAINED IN SUCH CALL OR  TRANSMISSION
TO  THE  APPROPRIATE LAW ENFORCEMENT AGENCY OR DISTRICT ATTORNEY AND, TO
THE EXTENT NECESSARY, THE APPROPRIATE EMERGENCY RESPONDER, AND THE RELE-
VANT STATE AGENCY OR LOCAL SOCIAL SERVICES OFFICE.
  (C) THE CLEARINGHOUSE SHALL:
  (1) UPON ACCEPTANCE OF A REPORT PROMPTLY FORWARD THE COMPLAINT TO  THE
APPROPRIATE SOCIAL SERVICES AGENCY OR LAW ENFORCEMENT ENTITY;
  (2)  TAKE  ALL  APPROPRIATE MEASURES TO PROTECT THE LIFE AND HEALTH OF
THE PERSON WHO IS THE ALLEGED VICTIM OF A REPORTABLE INCIDENT, WHICH MAY
INCLUDE WORKING WITH OTHER STATE AGENCIES, OR  IF  THERE  IS  REASONABLE
CAUSE  TO BELIEVE THAT THERE IS AN IMMINENT DANGER TO THE ALLEGED VICTIM
PROMPTLY FORWARD THE COMPLAINT TO THE DISTRICT ATTORNEY OR LAW  ENFORCE-
MENT;
  (3)  IF A REPORT OF A REPORTABLE INCIDENT TO THE REGISTRY INVOLVES THE
DEATH OF A PERSON, THE CLEARINGHOUSE SHALL  GIVE  TELEPHONE  NOTICE  AND
IMMEDIATELY SEND A COPY OF THE REPORT TO THE APPROPRIATE DISTRICT ATTOR-
NEY AND TO THE MEDICAL EXAMINER OR CORONER;
  (4)  MAINTAIN AND KEEP UP TO DATE RECORDS OF ALL INCIDENTS REPORTED TO
THE CLEARINGHOUSE WITH DOCUMENTED  MEASURES  TAKEN  TO  FORWARD  TO  THE
APPROPRIATE  AUTHORITIES  GIVEN  THE  CIRCUMSTANCES OF THE ALLEGED CASE.
LOCAL SOCIAL SERVICES ENTITIES SHALL BE REQUIRED TO SUBMIT DOCUMENTATION
TO THE CLEARINGHOUSE UPON  COMPLETION  OF  AN  INVESTIGATION  INDICATING
OFFICIAL  FINDINGS,  MEASURES  TAKEN,  AND  OFFICIAL  DISPOSITION OF THE
REPORT; AND

S. 6921                             3

  (5) WHENEVER A TELEPHONE CALL OR ELECTRONIC TRANSMISSION TO THE CLEAR-
INGHOUSE CANNOT BE ACCEPTED AS A REPORT, BUT  THE  INFORMATION  PROVIDED
ALLEGES  OTHER POTENTIAL WRONGDOING, THE CLEARINGHOUSE SHALL FORWARD THE
REPORT TO THE APPLICABLE STATE OVERSIGHT AGENCY  FOR  INVESTIGATION  AND
PROTECTIVE ACTIONS.
  (D) THE REGISTRY SHALL MAINTAIN AN ELECTRONIC DATABASE OF ALL ACCEPTED
REPORTS.  WHILE  LOCAL  AGENCIES SHALL RETAIN THE PRIMARY RESPONSIBILITY
FOR INVESTIGATION AND THE PROVISION OF SERVICES, THE CLEARINGHOUSE SHALL
MAINTAIN RECORDS DOCUMENTING INITIAL COMPLAINTS AS WELL AS DOCUMENTATION
SUBMITTED BY THE LOCAL SOCIAL SERVICE ENTITIES INDICATING OFFICIAL FIND-
INGS, MEASURES TAKEN, AND THE OFFICIAL DISPOSITION OF THE REPORT.
  (E) THE CLEARINGHOUSE SHALL TAKE REASONABLE STEPS TO  MAINTAIN  CONFI-
DENTIALITY  OF  ALL  REPORTS  INCLUDING, BUT NOT LIMITED TO THE USE OF A
UNIQUE IDENTIFIER ASSIGNED TO EACH REPORT BY THE CLEARINGHOUSE.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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