senate Bill S5324A

Signed By Governor
2013-2014 Legislative Session

Relates to adult protective services

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Archive: Last Bill Status - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Oct 21, 2013 signed chap.408
Oct 09, 2013 delivered to governor
Jun 18, 2013 returned to senate
passed assembly
ordered to third reading rules cal.371
substituted for a7642
May 30, 2013 referred to children and families
delivered to assembly
passed senate
May 29, 2013 ordered to third reading cal.815
committee discharged and committed to rules
May 24, 2013 print number 5324a
amend and recommit to social services
May 16, 2013 referred to social services

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S5324 - Bill Details

See Assembly Version of this Bill:
A7642
Law Section:
Social Services Law
Laws Affected:
Amd §473, Soc Serv L

S5324 - Bill Texts

view summary

Creates best practices guidelines for provisions of adult protective services.

view sponsor memo
BILL NUMBER:S5324

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

PURPOSE: To require a summary of adult protective services to be
included an annual report required pursuant to social services law,
and to require the development of best practices with respect to adult
protective services.

SUMMARY OF PROVISIONS:

Section 1 of the bill adds a new subdivision to section 473 of the
social services law relating to annual report on adult protective
services and requires the development of best practices for adult
protective services.

Section 2 of the bill is the effective date.

JUSTIFICATION:

Section 473 of the social services law sets forth various adult
protective services. However, at this time, no "best practices" for
the provision of these services has been established in New York.
This legislation would require the development of such best practices
with the goal of identifying and implementing improved methods for the
delivery of adult protective services. This legislation will also
require a summary of the various adult protective services offered in
the state as well as relevant data on these services. The availability
of more data and the development of best practices will help identify
areas of improvement and lead to better protective services for our
adults.

BILL HISTORY: New Bill

FISCAL IMPLICATIONS: Minimal

EFFECTIVE DATE: Immediately.

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

                                  5324

                       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

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.  (A)  THE  COMMISSIONER  SHALL  PREPARE FOR INCLUSION IN THE ANNUAL
REPORT REQUIRED BY SUBDIVISION (D) OF SECTION SEVENTEEN OF THIS  CHAPTER
TO  BE  FILED  WITH  THE  GOVERNOR AND THE LEGISLATURE PRIOR TO DECEMBER
FIFTEENTH OF EACH YEAR, A REPORT OF THE ACTIVITIES AND SERVICES PROVIDED
BY SOCIAL SERVICES OFFICIALS IN SOCIAL  SERVICES  DISTRICTS  WITHIN  THE
STATE  AS  REQUIRED  BY THIS SECTION. THE REPORT SHALL INCLUDE A LIST OF
SOCIAL SERVICES DISTRICTS WITHIN THE STATE TOGETHER WITH CONTACT  INFOR-
MATION  FOR  EACH.  FOR  EACH SOCIAL SERVICES DISTRICT WITHIN THE STATE,
SUCH REPORT SHALL ALSO INCLUDE AN INDICATION OF  THE  NUMBER  OF  ADULTS
THAT  HAVE  BEEN  PROVIDED  ADULT  PROTECTIVE SERVICES IN THAT REPORTING
PERIOD, A SUMMARY OF THE TYPES OF ADULT  PROTECTIVE  SERVICES  PROVIDED,
AND  THE  STATUS  OF  ANY  DISTRICT-WIDE PLAN FOR THE PROVISION OF ADULT
PROTECTIVE SERVICES.
  (B) FOR THE PURPOSE OF IMPLEMENTING IMPROVED METHODS FOR THE  DELIVERY
OF  PROTECTIVE  SERVICES  FOR  ADULTS, THE DEPARTMENT SHALL DEVELOP BEST
PRACTICES, POLICIES,  PROTOCOLS  AND  PROCEDURES  WITH  RESPECT  TO  THE
PROVISION  OF  THE SERVICES REQUIRED BY THIS SECTION. IN DEVELOPING SUCH
BEST PRACTICES, POLICIES, PROTOCOLS AND PROCEDURES, THE  DEPARTMENT  MAY
CONSULT  WITH  SOCIAL SERVICES DISTRICTS, SOCIAL SERVICES OFFICIALS, AND
ORGANIZATIONS THAT ARE STATE  OR  FEDERALLY  RECOGNIZED  AUTHORITIES  ON
MATTERS  PERTAINING  TO  ADULT PROTECTIVE SERVICES. SUCH BEST PRACTICES,
POLICIES, PROTOCOLS AND PROCEDURES SHALL BE DEVELOPED BY OR BEFORE JANU-
ARY FIRST, TWO THOUSAND FIFTEEN, AND THE  COMMISSIONER  SHALL  POST  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11072-02-3

S. 5324                             2

SAME ON THE DEPARTMENT'S WEBSITE AND OTHERWISE MAKE SUCH BEST PRACTICES,
POLICIES,   PROTOCOLS   AND  PROCEDURES  AVAILABLE  TO  SOCIAL  SERVICES
DISTRICTS WITHIN THE STATE.
  S 2. This act shall take effect immediately.

Co-Sponsors

S5324A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7642
Law Section:
Social Services Law
Laws Affected:
Amd §473, Soc Serv L

S5324A (ACTIVE) - Bill Texts

view summary

Creates best practices guidelines for provisions of adult protective services.

view 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.

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                    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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