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

                                 591--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. DINOWITZ, BROOK-KRASNY -- read once and referred
  to the Committee on Aging -- recommitted to the Committee on Aging  in
  accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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

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

  Section  1.  Subdivisions  6,  7  and  8  of section 473 of the social
services law are renumbered subdivisions 7, 8 and 9 and a  new  subdivi-
sion 6 is added to read as follows:
  6.  (A)  THE  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES (HEREINAFTER
REFERRED TO IN THIS SECTION AS THE "OFFICE") SHALL, IN COOPERATION  WITH
THE OFFICE FOR THE AGING, COLLECT DATA ON ELDER ABUSE POSSESSED BY STATE
AND  LOCAL AGENCIES, INCLUDING BUT NOT LIMITED TO THE DIVISION OF CRIMI-
NAL JUSTICE  SERVICES,  THE  DEPARTMENT  OF  LAW,  THE  OFFICE  FOR  THE
PREVENTION  OF  DOMESTIC  VIOLENCE AND THE DEPARTMENT OF HEALTH, FOR THE
PURPOSE OF IDENTIFYING THE INCIDENCE OF ELDER ABUSE AMONG  THE  ELDERLY.
THE  OFFICE  SHALL  CREATE  INTERAGENCY REPORTING SYSTEMS THAT CONTAIN A
UNIFORM SET OF STANDARDS TO COLLECT AND ANALYZE SUCH DATA.  FURTHERMORE,
THE  OFFICE, IN CONSULTATION WITH THE OFFICE FOR THE AGING, SHALL ESTAB-
LISH A DEFINITION FOR ELDER ABUSE AND THE  MINIMUM  AGE  OF  AN  ELDERLY
PERSON,  THAT ENABLES THE OFFICE TO ACCURATELY COMPARE SIMILAR DATA FROM
DIFFERENT STATE AND LOCAL AGENCIES.  FOR THE PURPOSES OF  THIS  SUBDIVI-
SION, THE OFFICE AND THE OFFICE FOR THE AGING, IN ESTABLISHING THE DEFI-
NITION OF ELDER ABUSE, MAY INCORPORATE THE TYPES OF PHYSICAL, SEXUAL AND
EMOTIONAL  ABUSE, ACTIVE AND PASSIVE NEGLECT, AND FINANCIAL EXPLOITATION
DEFINED IN SUBDIVISION SEVEN OF THIS SECTION.

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

                                                           LBD02630-03-4

A. 591--A                           2

  (B)  COUNTY  AND  CITY  SOCIAL  SERVICES  AGENCIES,  ADULT  PROTECTIVE
SERVICES  UNITS  AND  PROTECTIVE  SERVICES FOR ADULTS UNITS SHALL REPORT
INCIDENCES OF ELDER ABUSE, AS DEFINED BY THE OFFICE, TO  THE  OFFICE  IN
THE  FORMAT  SPECIFIED BY SUCH OFFICE AND INCLUDING, BUT NOT LIMITED TO,
THE  NUMBER OF REFERRALS, INVESTIGATIONS, SUBSTANTIATED CASES, AND DEMO-
GRAPHIC INFORMATION ON VICTIMS AND PERPETRATORS.
  (C) THE OFFICE SHALL, IN COOPERATION WITH THE OFFICE  FOR  THE  AGING,
ISSUE  A  REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE,
THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE  AND  THE
MINORITY  LEADER  OF  THE  ASSEMBLY,  ON  OR  BEFORE  MARCH FIRST IN ODD
NUMBERED YEARS. SUCH REPORT SHALL OUTLINE ITS RECOMMENDATIONS FOR DEFIN-
ING THE TERM "ELDER ABUSE" IN STATUTE, THE TYPES OF  REPORTING  REQUIRE-
MENTS THAT SHOULD BE INSTITUTED TO PREVENT THE INCIDENCE OF ELDER ABUSE,
AND  THE  PROGRAMS  AVAILABLE  TO  PREVENT  ELDER  ABUSE  AND TO PROVIDE
SERVICES TO VICTIMS OF ELDER ABUSE.
  S 2. This act shall take effect on the first of January next  succeed-
ing  the  date on which it shall have become a law, and shall expire and
be deemed repealed January 1, 2019.