Senate Bill S7620

                                 BILL NUMBER:  S7620

 TITLE OF BILL :

An act to amend the executive law, in relation to creating the
multi-disciplinary team demonstration program

 PURPOSE OR GENERAL IDEA OF THE BILL :

Creates the multi-disciplinary team demonstration program for complex
cases of adult abuse, neglect, or financial exploitation.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 examines the utilization and value of multi-disciplinary
teams (MDTs) and making use of experience, expertise and perspectives
with the intention of minimizing unintended negative consequences.

Beyond the usefulness of MDTs, it is often recommended to include
language providing for the establishment of the MDT to provide input
in any specifics not contained in the statue. This inclusion ensures
that the involved professions have a chance to be heard before a
program is implemented in a way which might adversely affect the
members of such professions or the individuals served by the
professions.

              

Section 2. Section 501-I is added to amend executive law to read as
follows:

501-i. MDT program. The office of children and family services is
authorized to establish a MDT program to establish multi-disciplinary
teams at the county level for cases of adult abuse, neglect, or
financial exploitation. It will be comprised of professionals across
disciplines that provide professional knowledge and expertise of their
respective disciplines as well as a full-time MDT coordinator for each
demonstration location. The team coordinator will provide case
consultation, facilitate MDT meetings, monitor progress, and
facilitate coordination and cooperative action in the provision of
appropriate services to an individual identified as being a victim of
abuse, neglect, or financial exploitation. A secure database use by
the MDT coordinator for intake, tracking and outcomes of such cases
will be established and used as part of the demonstration program.

Section 3. Takes effect immediately.

 JUSTIFICATION :

One in nine seniors reported being abused, neglected or exploited in
the past twelve months. The rate of financial exploitation is
extremely high, with 1 in 20 older adults indicating some form of
perceived financial mistreatment occurring in the recent past. Elder
abuse is vastly under-reported with only one in 44 cases of financial
abuse is ever reported. This leads to abused seniors being three times
more likely to die and elder abuse victims four times more likely to
go into a nursing home. 90% of abusers are family members or trusted
others. Cognitive impairment and the need for help with activities of
daily living make victims more vulnerable to financial abuse.

The devastating effects of financial exploitation on a vulnerable
adult:

o Loss of trust in others
o Loss of security
o Depression
o Feelings of fear, shame, guilt, anger, self-doubt, remorse,
worthlessness
o Financial destitution
o Inability to replace lost assets through employment
o Inability to hire attorney to pursue legal protections and remedies
o Becoming reliant on government 'safety net' programs
o Inability to provide long term care needs
o Loss of primary residence

Acting pursuant to the "Older Americans Act," the New York State
Legislature has created and adopted many laws affecting 'social,
educational, financial and support service programs for seniors.
However, unlike several states, New York has failed to enact specific
penal statutes to aid in the prosecution of those who financially
victimize vulnerable senior citizens and persons with a disability.
As New York's senior citizen population has increased, there has also
been a marked increase in the reported incidents of financial abuse of
our aging population. The types.of offenses range from theft of funds
from checking accounts to real estate and investment fraud.  There is
a tendency for the offender to be an individual with a close
relationship to the victim, especially a family member, caretaker, or
friend. The elderly individual or person with a disability is
particularly vulnerable to their offenders since they rely upon them
for the requirements of their daily living.

Today a majority of states have criminal statutes to specifically
address financial abuse of elderly or disabled persons. Prosecutors in
New York have found that current larceny statutes are not an adequate
means to prosecute this increasing criminal conduct.

 PRIOR LEGISLATIVE HISTORY :

No prior legislative history.

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT :

None

 EFFECTIVE DATE :
Immediately