S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2160
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 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.
   § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04887-01-7

 S. 2160                             2
 
 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
 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  SEVENTEEN,  DOCUMENTING  INITIAL  FINDINGS OF THE
 MULTIDISCIPLINARY 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.
   § 2. This act shall take effect immediately.