senate Bill S2323A
(D) 34th Senate District
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Requires the office of children and family services to track and report elder abuse and to issue a biennial report to the governor and legislature regarding the incidence of elder abuse in the state.
TITLE OF BILL: An act to amend the social services law, in relation
to the tracking and reporting of elder abuse; and providing for the
repeal of such provisions upon the expiration thereof
PURPOSE OR GENERAL IDEA OF BILL:
Authorizes the Office of Children and Family Services, in cooperation
with the Office of the Aging, to track and report on the incidence of
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends Social Services Law section 473 to:
A) Authorize the Office of Children and Family Services (OCFS), in
cooperation with the Office of the Aging, to collect data on elder
abuse and neglect that may be occurring in New York from state and
local agencies, such as the Division of Criminal Justice Services
(DCJS), the Office of the Attorney General (OAG), the Office for the
Prevention of Domestic violence, and the Department of Health to
identify the incidence of elder abuse;
B) Authorizes OCFS to begin to establish an inter-agency reporting
system that contains a uniform set of standards to collect and analyze
information on the incidence of elder abuse; and
C) Requires the OCFS, in cooperation with the Office of the Aging, to
prepare a report to outline it's recommendations for defining the term
"elder abuse" in statute, the types of reporting requirements that
should be instituted to prevent the incidence of elder abuse, the
actual incidence of elder abuse in New York and those programs
available to prevent elder abuse and provide services to such victims.
It has been said that a society's greatness is measured by the manner
in which it treats its most vulnerable members.. One of our most
at-risk members of society are the elderly who need assistance to
perform simple tasks such as moving around, eating, bathing, and
conducting financial transactions. Thankfully, there are many members
in our community who have devoted their lives to helping these
semi-dependent to dependent senior citizens- nursing home workers,
home health care aides, family members and friends. These caretakers
provide an invaluable service to seniors-in-need and society-at-large.
Further, these services are becoming more important as the elderly
When dependent seniors become victims of physical or psychological
abuse, or are neglected or taken advantage of financially by their
caretakers, more than a trust has been broken; an abhorrent act has
occurred that violates our society's sense of decency. Yet we have
been slow to give elder abuse the attention that it rightfully
deserves. While awareness of elder abuse has risen in recent years,
there is much we can do in New York to gain a better understanding of
the issue, increase prevention, and provide needed services to
Currently, there is no absolute definition of what constitutes "elder
abuse" in New York statute nor sufficient statistics on the incidence
of elder abuse in New York State, Public and private agencies and
not-for-profit organizations that provide services to elder abuse
victims do not always keep information to accurately track affected
elderly persons. Other governmental entities possess data on abuse and
neglect, but currently do not distinguish between elder abuse and
those actions of abuse to others in the adult population. Across
agencies, there is a lack of coordination and collaboration to
determine the exact frequency of elder abuse in New York.
At least 15,000 cases of elder abuse were reporting in 2007 to Adult
Protective Services alone, the primary agency tracking elder abuse.
Actual figures may be much higher, as the National Center on Elder
Abuse estimates that for every reported case of elder abuse, another
five may go unreported. This bill authorizes OCFS, which Adult
Protective Services is part of, to establish a uniform set of
standards to collect and analyze information for various state and
local agencies. By identifying the extent of the problem, the State
of New York can take an important first step towards ensuring that all
of our seniors live their golden years in dignity and security.
PRIOR LEGISLATIVE HISTORY:
2011-12 - S.1040-A, Referred to Aging,
2009-10 -S.5376 - Referred to Aging;
Passed Senate 2009 and 2010
This bill was amended in 2014 to update the effective date language to
be deemed repealed on January 1, 2019.
This act shall take effect on the first of January next succeeding in
the date on which it shall have become a law, and shall expire and be
deemed repealed January 1, 2019.
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