Senate Bill S6921

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

                                  6921

                            I N  S E N A T E

                              March 7, 2016
                               ___________

Introduced  by  Sen.  SERINO -- 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  providing
  protective services to certain individuals

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

  Section 1. Subdivision 1 of section 473 of the social services law, as
amended by chapter 395 of the laws  of  1995,  is  amended  to  read  as
follows:
  1.  In  addition  to  services  provided  by social services officials
pursuant to other provisions  of  this  chapter,  such  officials  shall
provide  protective  services in accordance with federal and state regu-
lations to or for individuals without regard to income who[, because  of
mental  or  physical  impairments,]  are  unable  to  manage  their  own
resources, carry out the activities of daily living,  or  protect  them-
selves  from  physical  abuse,  sexual  abuse,  emotional abuse, active,
passive or self neglect, financial exploitation or other hazardous situ-
ations without assistance from others and have no one available  who  is
willing  and  able  to  assist  them  responsibly.  Such  services shall
include:
  (a) receiving and investigating reports of seriously impaired individ-
uals who may be in need of protection;
  (b) arranging for medical and psychiatric  services  to  evaluate  and
whenever  possible  to  safeguard and improve the circumstances of those
with serious impairments;
  (c) arranging, when necessary, for commitment, guardianship, or  other
protective  placement  of  such  individuals  either directly or through
referral to another appropriate agency, provided,  however,  that  where
possible,  the  least  restrictive  of  these measures shall be employed
before more restrictive controls are imposed;
  (d) providing services to assist such individuals to move  from  situ-
ations which are, or are likely to become, hazardous to their health and
well-being;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14281-01-6
              

S. 6921                             2

  (e) cooperating and planning with the courts as necessary on behalf of
individuals with serious mental impairments; and
  (f)  other  protective services for adults included in the regulations
of the department.
  S 2. Section 473 of the social services law is amended by adding a new
subdivision 9 to read as follows:
  9. (A) WITHIN AMOUNTS APPROPRIATED THEREFOR, THE  OFFICE  OF  CHILDREN
AND  FAMILY  SERVICES, IN CONJUNCTION WITH THE OFFICE FOR THE AGING, THE
DEPARTMENT OF LAW, THE OFFICE FOR THE PREVENTION OF  DOMESTIC  VIOLENCE,
THE  DIVISION  OF  CRIMINAL  JUSTICE  SERVICES,  AND  THE NEW YORK STATE
DEPARTMENT OF HEALTH, SHALL CREATE AND ESTABLISH AN  INTERAGENCY  CLEAR-
INGHOUSE  FOR  THE  REPORTING  OF CASES INVOLVING PHYSICAL ABUSE, SEXUAL
ABUSE, EMOTIONAL ABUSE,  ACTIVE,  PASSIVE  OR  SELF  NEGLECT,  FINANCIAL
EXPLOITATION  AS  DEFINED  IN  SUBDIVISION SIX OF THIS SECTION, OR OTHER
HAZARDOUS SITUATIONS THAT CAN REASONABLY BE EXPECTED TO  JEOPARDIZE  THE
HEALTH AND WELFARE OF AN INDIVIDUAL. THE INTERAGENCY CLEARINGHOUSE SHALL
OPERATE  AND  MAINTAIN  A CENTRAL DATABASE TO RECEIVE REPORTS OF ALLEGA-
TIONS OF REPORTABLE INCIDENTS TWENTY-FOUR HOURS PER DAY,  SEVEN  DAYS  A
WEEK. REPORTS OF ALLEGATIONS OF REPORTABLE INCIDENTS SHALL BE SUBMITTED,
BY A STATEWIDE, TOLL-FREE TELEPHONE NUMBER (A "HOTLINE") OR BY ELECTRON-
IC TRANSMISSION, IN A MANNER AND ON FORMS PRESCRIBED BY THE COMMISSIONER
FOR THE OFFICE OF CHILDREN AND FAMILY SERVICES. THE HOTLINE SHALL ACCEPT
ANONYMOUS CALLS.
  (B)  WHEN ANY ALLEGATION THAT COULD REASONABLY CONSTITUTE A REPORTABLE
INCIDENT IS RECEIVED  BY  THE  CLEARINGHOUSE,  THE  CLEARINGHOUSE  SHALL
ACCEPT  AND  IMMEDIATELY  TRANSMIT NOTICE OF THE REPORT ORALLY AND ELEC-
TRONICALLY TO ANY APPROPRIATE STATE AGENCIES OR  LOCAL  SOCIAL  SERVICES
OFFICES.  WHENEVER  A  TELEPHONE  CALL OR ELECTRONIC TRANSMISSION TO THE
CLEARINGHOUSE ALLEGES AN ACT OR  CIRCUMSTANCES  THAT  MAY  CONSTITUTE  A
CRIMINAL OFFENSE OR AN IMMEDIATE THREAT TO AN INDIVIDUAL'S HEALTH, SAFE-
TY  OR  WELFARE,  THE  CLEARINGHOUSE SHALL CONVEY, BY THE MOST EXPEDIENT
MEANS AVAILABLE, THE INFORMATION CONTAINED IN SUCH CALL OR  TRANSMISSION
TO  THE  APPROPRIATE LAW ENFORCEMENT AGENCY OR DISTRICT ATTORNEY AND, TO
THE EXTENT NECESSARY, THE APPROPRIATE EMERGENCY RESPONDER, AND THE RELE-
VANT STATE AGENCY OR LOCAL SOCIAL SERVICES OFFICE.
  (C) THE CLEARINGHOUSE SHALL:
  (1) UPON ACCEPTANCE OF A REPORT PROMPTLY FORWARD THE COMPLAINT TO  THE
APPROPRIATE SOCIAL SERVICES AGENCY OR LAW ENFORCEMENT ENTITY;
  (2)  TAKE  ALL  APPROPRIATE MEASURES TO PROTECT THE LIFE AND HEALTH OF
THE PERSON WHO IS THE ALLEGED VICTIM OF A REPORTABLE INCIDENT, WHICH MAY
INCLUDE WORKING WITH OTHER STATE AGENCIES, OR  IF  THERE  IS  REASONABLE
CAUSE  TO BELIEVE THAT THERE IS AN IMMINENT DANGER TO THE ALLEGED VICTIM
PROMPTLY FORWARD THE COMPLAINT TO THE DISTRICT ATTORNEY OR LAW  ENFORCE-
MENT;
  (3)  IF A REPORT OF A REPORTABLE INCIDENT TO THE REGISTRY INVOLVES THE
DEATH OF A PERSON, THE CLEARINGHOUSE SHALL  GIVE  TELEPHONE  NOTICE  AND
IMMEDIATELY SEND A COPY OF THE REPORT TO THE APPROPRIATE DISTRICT ATTOR-
NEY AND TO THE MEDICAL EXAMINER OR CORONER;
  (4)  MAINTAIN AND KEEP UP TO DATE RECORDS OF ALL INCIDENTS REPORTED TO
THE CLEARINGHOUSE WITH DOCUMENTED  MEASURES  TAKEN  TO  FORWARD  TO  THE
APPROPRIATE  AUTHORITIES  GIVEN  THE  CIRCUMSTANCES OF THE ALLEGED CASE.
LOCAL SOCIAL SERVICES ENTITIES SHALL BE REQUIRED TO SUBMIT DOCUMENTATION
TO THE CLEARINGHOUSE UPON  COMPLETION  OF  AN  INVESTIGATION  INDICATING
OFFICIAL  FINDINGS,  MEASURES  TAKEN,  AND  OFFICIAL  DISPOSITION OF THE
REPORT; AND

S. 6921                             3

  (5) WHENEVER A TELEPHONE CALL OR ELECTRONIC TRANSMISSION TO THE CLEAR-
INGHOUSE CANNOT BE ACCEPTED AS A REPORT, BUT  THE  INFORMATION  PROVIDED
ALLEGES  OTHER POTENTIAL WRONGDOING, THE CLEARINGHOUSE SHALL FORWARD THE
REPORT TO THE APPLICABLE STATE OVERSIGHT AGENCY  FOR  INVESTIGATION  AND
PROTECTIVE ACTIONS.
  (D) THE REGISTRY SHALL MAINTAIN AN ELECTRONIC DATABASE OF ALL ACCEPTED
REPORTS.  WHILE  LOCAL  AGENCIES SHALL RETAIN THE PRIMARY RESPONSIBILITY
FOR INVESTIGATION AND THE PROVISION OF SERVICES, THE CLEARINGHOUSE SHALL
MAINTAIN RECORDS DOCUMENTING INITIAL COMPLAINTS AS WELL AS DOCUMENTATION
SUBMITTED BY THE LOCAL SOCIAL SERVICE ENTITIES INDICATING OFFICIAL FIND-
INGS, MEASURES TAKEN, AND THE OFFICIAL DISPOSITION OF THE REPORT.
  (E) THE CLEARINGHOUSE SHALL TAKE REASONABLE STEPS TO  MAINTAIN  CONFI-
DENTIALITY  OF  ALL  REPORTS  INCLUDING, BUT NOT LIMITED TO THE USE OF A
UNIQUE IDENTIFIER ASSIGNED TO EACH REPORT BY THE CLEARINGHOUSE.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.