Senate Bill S5376

                                 BILL NUMBER:  S5376A

 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
elder abuse.

 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.

 JUSTIFICATION :
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
population grows.

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
victims.

Currently, there are 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 :
None.

 FISCAL IMPLICATIONS :
Minimal.

 EFFECTIVE DATE :
This act shall take effect immediately and expire on  January 1, 2015.