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.