senate Bill S2323A

2013-2014 Legislative Session

Requires the office of children and family services to track and report elder abuse

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Archive: Last Bill Status - Passed Senate


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 12, 2014 referred to codes
delivered to assembly
passed senate
Jun 02, 2014 advanced to third reading
May 29, 2014 2nd report cal.
May 28, 2014 1st report cal.933
Apr 30, 2014 reported and committed to finance
Feb 04, 2014 print number 2323a
amend and recommit to aging
Jan 08, 2014 referred to aging
Jan 16, 2013 referred to aging

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S2323 - Bill Details

See Assembly Version of this Bill:
A591A
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd §473, Soc Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1040A, A546A
2009-2010: S5376A, A8720A

S2323 - Bill Texts

view summary

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.

view sponsor memo
BILL NUMBER:S2323

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: 2011-12 - S.1040-A, Referred to Aging,
2009-10 -S.5376 - Referred to Aging; Passed Senate 2009 and 2010

FISCAL IMPLICATIONS: Minimal.

EFFECTIVE DATE: 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, 2018.

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

                                  2323

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 16, 2013
                               ___________

Introduced  by  Sens.  KLEIN,  ADAMS, GRISANTI, KENNEDY, MAZIARZ -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Aging

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 and 7 of section 473 of the social services
law are renumbered subdivisions 7 and 8 and a new subdivision 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.
  (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02630-01-3

S. 2323                             2

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, 2018.

Co-Sponsors

S2323A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A591A
Current Committee:
Law Section:
Social Services Law
Laws Affected:
Amd §473, Soc Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1040A, A546A
2009-2010: S5376A, A8720A

S2323A (ACTIVE) - Bill Texts

view summary

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.

view sponsor memo
BILL NUMBER:S2323A

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 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.

FISCAL IMPLICATIONS:

Minimal.

EFFECTIVE DATE:

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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2323--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 16, 2013
                               ___________

Introduced  by  Sens.  KLEIN,  DILAN, GRISANTI, KENNEDY, MAZIARZ -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Aging -- recommitted to the Committee on Aging in accord-
  ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

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.
                                                           LBD02630-02-4

S. 2323--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.

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