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

                                  6922

                            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  investigating
  reports of suspected elder abuse or maltreatment

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

  Section 1. Article 9-B of the social services law is amended by adding
a new title 4 to read as follows:
                                 TITLE 4
                               ELDER ABUSE
SECTION 473-M. ELDER ABUSE REPORTING.
  S 473-M. ELDER ABUSE REPORTING. 1. WITHIN AMOUNTS APPROPRIATED  THERE-
FOR, THE COMMISSIONER SHALL ESTABLISH A PROGRAM FOR THE DEVELOPMENT OF A
MULTIDISCIPLINARY  INVESTIGATIVE TEAM OR TEAMS FOR THE PURPOSE OF INVES-
TIGATING REPORTS OF SUSPECTED ELDER ABUSE OR MALTREATMENT.
  (A) THE PROGRAM SHALL PROVIDE THAT THE SOCIAL SERVICES DISTRICT  SHALL
HAVE  DISCRETION  WITH REGARD TO THE CATEGORY OR CATEGORIES OF SUSPECTED
ELDER  ABUSE  OR  MALTREATMENT  SUCH  TEAM  OR  TEAMS  MAY  INVESTIGATE,
PROVIDED, HOWEVER, THAT THE SOCIAL SERVICES DISTRICT SHALL PLACE PARTIC-
ULAR EMPHASIS ON CASES INVOLVING PHYSICAL ABUSE, SEXUAL ABUSE, EMOTIONAL
ABUSE,  ACTIVE,  PASSIVE  OR SELF NEGLECT, AND FINANCIAL EXPLOITATION AS
DEFINED IN SUBDIVISION SIX OF SECTION FOUR HUNDRED SEVENTY-THREE OF  THE
SOCIAL SERVICES LAW.
  (B) MEMBERS OF MULTIDISCIPLINARY TEAMS SHALL INCLUDE BUT NOT BE LIMIT-
ED  TO  REPRESENTATIVES  FROM  THE  FOLLOWING AGENCIES: ADULT PROTECTIVE
SERVICES, LAW ENFORCEMENT, THE DISTRICT  ATTORNEY'S  OFFICE,  BANKS  AND
FINANCIAL  INSTITUTIONS,  AS  WELL AS FORENSIC ACCOUNTANTS, PHYSICIAN OR
MEDICAL PROVIDERS TRAINED IN ELDER ABUSE AND MALTREATMENT, MENTAL HEALTH
PROFESSIONALS, AND VICTIM ADVOCACY PERSONNEL. MEMBERS OF THE MULTIDISCI-
PLINARY TEAM PRIMARILY RESPONSIBLE FOR THE INVESTIGATION OF ELDER  ABUSE
AND  MALTREATMENT  REPORTS,  INCLUDING  THOSE REPRESENTATIVES FROM ADULT
PROTECTIVE  SERVICES,  LAW  ENFORCEMENT,  AND  THE  DISTRICT  ATTORNEY'S
OFFICE,  SHALL PARTICIPATE IN JOINT INTERVIEWS AND CONDUCT INVESTIGATIVE
FUNCTIONS CONSISTENT WITH THE MISSION OF THE  PARTICULAR  AGENCY  MEMBER

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

                                                           LBD14543-01-6

S. 6922                             2

INVOLVED.  IT  SHALL NOT BE REQUIRED THAT MEMBERS OF A MULTIDISCIPLINARY
TEAM NOT RESPONSIBLE FOR THE INVESTIGATION  OF  REPORTS  PARTICIPATE  IN
EVERY  INVESTIGATION.  SUCH OTHER MEMBERS SHALL PROVIDE VICTIM ADVOCACY,
EMOTIONAL  SUPPORT,  AND ACCESS TO MEDICAL AND MENTAL HEALTH CARE, WHERE
APPLICABLE.
  (C) ALL MEMBERS, CONSISTENT WITH THEIR RESPECTIVE AGENCY MISSIONS  AND
PROFESSIONS,  SHALL FACILITATE EFFICIENT DELIVERY OF SERVICES TO VICTIMS
AND APPROPRIATE DISPOSITION OF CASES THROUGH THE CRIMINAL JUSTICE SYSTEM
IN A COLLABORATIVE MANNER.    HOWEVER,  NON-INVESTIGATIVE  TEAM  MEMBERS
SHALL  NOTE  THEIR SPECIFIC ROLE IN THE TEAM FOR REPORTS COVERED BY THIS
SECTION.
  (D) NOTWITHSTANDING ANY  OTHER  PROVISION  OF  LAW  TO  THE  CONTRARY,
MEMBERS  OF  A MULTIDISCIPLINARY INVESTIGATIVE TEAM MAY SHARE WITH OTHER
TEAM MEMBERS CLIENT-IDENTIFIABLE INFORMATION CONCERNING  THE  VICTIM  OR
THE  VICTIM'S  FAMILY TO FACILITATE THE INVESTIGATION OF SUSPECTED ELDER
ABUSE OR MALTREATMENT. NOTHING IN THIS SUBDIVISION  SHALL  PRECLUDE  THE
CREATION  OF  MULTIDISCIPLINARY TEAMS WHICH INCLUDE MORE THAN ONE SOCIAL
SERVICES DISTRICT. EACH TEAM SHALL DEVELOP A WRITTEN PROTOCOL FOR INVES-
TIGATION OF ELDER ABUSE AND  MALTREATMENT  CASES  AND  FOR  INTERVIEWING
ELDER ABUSE AND MALTREATMENT VICTIMS.
  2.  APPROVED  PROJECTS  SHALL  SUBMIT  A REPORT TO THE DIRECTOR OF THE
STATE OFFICE FOR THE AGING, WHO SHALL MAKE SUCH REPORTS AVAILABLE TO THE
MAJORITY LEADER OF THE SENATE, THE SPEAKER  OF  THE  ASSEMBLY,  AND  THE
CHAIRS  OF  THE AGING COMMITTEES OF THE SENATE AND ASSEMBLY, BY NOVEMBER
FIRST, TWO THOUSAND SIXTEEN, DOCUMENTING INITIAL FINDINGS OF THE  MULTI-
DISCIPLINARY TEAM INVESTIGATIONS, INCLUDING, BUT NOT LIMITED TO:
  (A)  FINAL  DISPOSITIONS  OF CRIMINAL CASES THAT WERE INVESTIGATED AND
ASSISTED BY THE MULTIDISCIPLINARY TEAM, WITH APPROPRIATE CONFIDENTIALITY
MEASURES TAKEN TO PROTECT THE IDENTITIES OF VICTIMS AND THE ACCUSED;
  (B) PHYSICAL AND MENTAL  HEALTH  OUTCOMES  OF  VICTIMS  WHO  WERE  THE
SUBJECTS OF ELDER ABUSE AND MALTREATMENT CASES;
  (C)  FINANCIAL JUDGMENTS AND REPAYMENTS MADE AS A RESULT OF THE INVES-
TIGATION AND INTERVENTION OF THE MULTIDISCIPLINARY TEAM;
  (D) NECESSARY MEASURES  TAKEN  TO  ENSURE  CROSS-COLLABORATION  ACROSS
AGENCIES AND PROVIDERS; AND
  (E)  NECESSARY  TRAINING  THAT  EACH  SOCIAL SERVICES DISTRICT TOOK TO
TRAIN MEMBERS INCLUDING APPROPRIATE WAYS TO ASSESS RISK, IDENTIFY  INDI-
CATORS  OF  ELDER ABUSE AND MALTREATMENT, AND CONDUCT APPROPRIATE INTER-
VIEWS.
  S 2. This act shall take effect immediately.