senate Bill S5324A

Signed by Governor

Relates to adult protective services

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 16 / May / 2013
    • REFERRED TO SOCIAL SERVICES
  • 24 / May / 2013
    • AMEND AND RECOMMIT TO SOCIAL SERVICES
  • 24 / May / 2013
    • PRINT NUMBER 5324A
  • 29 / May / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 29 / May / 2013
    • ORDERED TO THIRD READING CAL.815
  • 30 / May / 2013
    • PASSED SENATE
  • 30 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 30 / May / 2013
    • REFERRED TO CHILDREN AND FAMILIES
  • 18 / Jun / 2013
    • SUBSTITUTED FOR A7642
  • 18 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.371
  • 18 / Jun / 2013
    • PASSED ASSEMBLY
  • 18 / Jun / 2013
    • RETURNED TO SENATE
  • 09 / Oct / 2013
    • DELIVERED TO GOVERNOR
  • 21 / Oct / 2013
    • SIGNED CHAP.408

Summary

Creates best practices guidelines for provisions of adult protective services.

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Bill Details

See Assembly Version of this Bill:
A7642
Versions:
S5324
S5324A
Legislative Cycle:
2013-2014
Law Section:
Social Services Law
Laws Affected:
Amd ยง473, Soc Serv L

Sponsor Memo

BILL NUMBER:S5324A

TITLE OF BILL: An act to amend the social services law, in relation
to adult protective services

PURPOSE OR GENERAL IDEA OF BILL: To establish standards of best
practice for the provision of adult protective services.

SUMMARY OF SPECIFIC PROVISIONS: This bill would add a new paragraph 8
to section 473 of the social services law requiring OCFS to create and
keep current best practice guidelines for the provision of adult
protective services. The guidelines would include procedures for
investigations, interviews, review of records and referrals for
services. OCFS would distribute the guidelines to local social
services districts and post them on the Office's website. The bill
would be effective immediately

JUSTIFICATION: Adults with significant mental or developmental
handicaps often face significant challenges in achieving
self-sufficiency. Such adults may rely on caretakers, who are often
family members, to meet basic needs and to handle personal finances.
Sadly, such caretakers sometimes abuse or neglect the adults they have
taken responsibility for. In such instances it is critical that
immediate and appropriate action be taken to protect these vulnerable
individuals.

Existing statute and regulations provide limited specificity in
regards to the provision of adult protective services and practices
vary throughout the State. Unlike child protective services, there are
no best practice guidelines in place to serve as a resource to local
social services districts. Such guidelines would create a consistent
standard of practice to guide caseworkers in making crucial
determinations, and to prevent situations that may jeopardize the
health and well being of an adult in need of protection. This bill
would require OCFS to create such best practice guidelines and
distribute them for use to each local social services district.

PRIOR LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

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

                                 5324--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on Social Services -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

AN ACT to amend the social services law, in relation to adult protective
  services

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

  Section 1. Section 473 of the social services law is amended by adding
a new subdivision 8 to read as follows:
  8. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL  CREATE  AND  KEEP
CURRENT  BEST  PRACTICE GUIDELINES FOR THE PROVISION OF ADULT PROTECTIVE
SERVICES PURSUANT TO THIS ARTICLE. SUCH GUIDELINES SHALL BE  DISTRIBUTED
FOR  USE TO LOCAL SOCIAL SERVICES DISTRICTS, AND POSTED ON SUCH OFFICE'S
WEBSITE, AND SHALL INCLUDE, BUT NOT BE LIMITED TO, THE PROCEDURES FOR:
  (A) REVIEWING ANY PREVIOUS CHILD OR ADULT PROTECTIVE INVOLVEMENT;
  (B) ASSESSING AND IDENTIFYING ABUSE AND NEGLECT OF PERSONS BELIEVED TO
BE IN NEED OF PROTECTIVE SERVICES;
  (C) INTERVIEWING PERSONS BELIEVED TO BE IN NEED OF PROTECTIVE SERVICES
AND THEIR CARETAKERS;
  (D) REVIEWING WHEN IT IS APPROPRIATE TO SEEK A WARRANT TO GAIN  ACCESS
TO PERSONS BELIEVED TO BE IN NEED OF PROTECTIVE SERVICES;
  (E) IDENTIFYING AND MAKING REFERRALS FOR APPROPRIATE SERVICES; AND
  (F)  COMMUNICATING  THE  RIGHTS OF PERSONS BELIEVED TO BE ELIGIBLE FOR
PROTECTIVE SERVICES.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11072-03-3

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