EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01063-01-3
S. 708 2
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.
§ 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
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;
S. 708 3
(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 REGISTER.
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
(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
S. 708 4
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 REGISTER.
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.
§ 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.
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 REGISTER.
S. 708 5
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.
§ 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.
§ 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
LOCAL OR COUNTY DEPARTMENT OF SOCIAL SERVICES SHALL HAVE THE RIGHT TO
COMMENT ON THE PROPOSED PLAN.
§ 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. 708 6
§ 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.
§ 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.
§ 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.
§ 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
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.
S. 708 7
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. HOWEVER, NO INFORMA-
TION 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 IDENTI-
FYING 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.
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
S. 708 8
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.
§ 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
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.
§ 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.
