A. 7734 2
3. THE TERM "SERVICES WHICH ARE NECESSARY TO MAINTAIN PHYSICAL AND
MENTAL HEALTH" INCLUDES, BUT IS NOT LIMITED TO, THE PROVISION OF MEDICAL
CARE FOR PHYSICAL AND MENTAL HEALTH NEEDS, THE RELOCATION OF AN ADULT TO
A FACILITY OR INSTITUTION ABLE TO OFFER SUCH CARE, ASSISTANCE IN
PERSONAL HYGIENE, FOOD, CLOTHING, ADEQUATELY HEATED AND VENTILATED SHEL-
TER, PROTECTION FROM HEALTH AND SAFETY HAZARDS, PROTECTION FROM
MALTREATMENT THE RESULT OF WHICH INCLUDES, BUT IS NOT LIMITED TO, MALNU-
TRITION, DEPRIVATION OF NECESSITIES OR PHYSICAL PUNISHMENT, AND TRANS-
PORTATION NECESSARY TO SECURE ANY OF THE ABOVE STATED NEEDS, EXCEPT THAT
THIS TERM SHALL NOT INCLUDE TAKING SUCH PERSON INTO CUSTODY WITHOUT
CONSENT EXCEPT AS PROVIDED IN THIS TITLE.
4. THE TERM "PROTECTIVE SERVICES" MEANS SERVICES PROVIDED BY THE STATE
AS DESCRIBED IN SECTION FOUR HUNDRED SEVENTY-THREE OF THIS CHAPTER,
WHICH ARE NECESSARY TO PREVENT ABUSE, NEGLECT, EXPLOITATION OR ABANDON-
MENT.
5. THE TERM "ABUSE" INCLUDES BUT IS NOT LIMITED TO ANY ACT OR OMISSION
WHICH RESULTS IN THE INFLICTION OF PHYSICAL PAIN OR INJURY, OR THE
INFLICTION OF MENTAL ANGUISH THAT REQUIRES MEDICAL ATTENTION OR THE
DEPRIVATION BY A CARETAKER OF SERVICES WHICH ARE NECESSARY TO MAINTAIN
PHYSICAL OR MENTAL HEALTH.
6. THE TERM "NEGLECT" REFERS TO AN ADULT WHO IS EITHER LIVING ALONE
AND NOT ABLE TO PROVIDE FOR ONESELF THE SERVICES WHICH ARE NECESSARY TO
MAINTAIN PHYSICAL AND MENTAL HEALTH OR IS NOT RECEIVING THE SAID NECES-
SARY SERVICES FROM THE RESPONSIBLE CARETAKER.
7. THE TERM "EXPLOITATION" MEANS INTENTIONAL ECONOMIC EXPLOITATION OF
AN ADULT BY MEANS OF THEFT, FRAUD, COERCION OR EXTORTION.
8. THE TERM "ABANDONMENT" REFERS TO THE DESERTION OR WILFUL FORSAKING
OF AN ADULT BY A CARETAKER OR THE FOREGOING OF DUTIES OR THE WITHDRAWAL
OR NEGLECT OF DUTIES AND OBLIGATIONS OWED AN ADULT BY A CARETAKER OR
OTHER PERSON.
9. THE TERM "CARETAKER" MEANS A PERSON WHO HAS THE RESPONSIBILITY FOR
THE CARE OF AN ADULT AS A RESULT OF FAMILY RELATIONSHIP OR WHO HAS
ASSUMED THE RESPONSIBILITY FOR THE CARE OF THE ADULT VOLUNTARILY, BY
CONTRACT OR BY ORDER OF A COURT OF COMPETENT JURISDICTION.
§ 312. REPORTING THE POSSIBLE NECESSITY FOR PROTECTIVE SERVICES. 1.
ANY FACILITY OR INSTITUTION; LICENSED PHYSICIAN OR SURGEON, ANY RESIDENT
PHYSICIAN OR INTERN IN ANY HOSPITAL IN THIS STATE, WHETHER OR NOT SO
LICENSED, ANY REGISTERED NURSE, ANY ADULT CARE FACILITY ADMINISTRATOR,
ANY PERSON PAID FOR CARING FOR A RESIDENT IN AN ADULT CARE FACILITY, ANY
STAFF PERSON EMPLOYED BY AN ADULT CARE FACILITY, ANY PATIENT'S ADVOCATE
AND ANY LICENSED PRACTICAL NURSE, MEDICAL EXAMINER, DENTIST, OSTEOPATH,
OPTOMETRIST, CHIROPRACTOR, PODIATRIST, SOCIAL WORKER, CORONER, CLERGY-
MAN, PEACE OFFICER, PHARMACIST OR PHYSICAL THERAPIST OR ANY ATTORNEY,
ACCOUNTANT, TRUSTEE, GUARDIAN, CONSERVATOR OR OTHER PERSON WHO HAS
RESPONSIBILITY FOR PREPARING THE TAX RECORDS OF AN ADULT OR A PERSON WHO
HAS A FIDUCIARY RESPONSIBILITY FOR ANY OTHER ACTION CONCERNING THE USE
OR PRESERVATION OF AN ADULT'S PROPERTY, WHO HAS A REASONABLE BASIS TO
BELIEVE THAT ANY ADULT HAS BEEN ABUSED, NEGLECTED, EXPLOITED OR ABAN-
DONED, OR IS IN A CONDITION WHICH IS THE RESULT OF SUCH ABUSE, NEGLECT,
EXPLOITATION OR ABANDONMENT, OR WHO IS IN NEED OF PROTECTIVE SERVICES,
OR ANY ATTORNEY, ACCOUNTANT, TRUSTEE, GUARDIAN, CONSERVATOR OR OTHER
PERSON WHO HAS RESPONSIBILITY FOR PREPARING THE TAX RECORDS OF AN ADULT
OR A PERSON WHO HAS A FIDUCIARY RESPONSIBILITY FOR ANY OTHER ACTION
CONCERNING THE USE OR RETENTION OF AN ADULT'S PROPERTY WHO HAS A REASON-
ABLE BASIS TO BELIEVE THAT AN ADULT HAS BEEN EXPLOITED, SHALL WITHIN
A. 7734 3
THREE CALENDAR DAYS REPORT SUCH INFORMATION OR CAUSE A REPORT TO BE MADE
IN THE FOLLOWING MANNER:
(A) IF THE ABUSE HAS OCCURRED IN A LONG-TERM CARE FACILITY, EXCEPT A
STATE MENTAL HOSPITAL OR A STATE DEVELOPMENT CENTER, THE REPORT SHALL BE
MADE TO THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES;
(B) IF THE SUSPECTED OR ALLEGED ABUSE OCCURRED IN A STATE MENTAL
HEALTH HOSPITAL OR A STATE DEVELOPMENTAL CENTER, THE REPORT SHALL BE
MADE TO THE OFFICE OF MENTAL HEALTH OR THE OFFICE FOR PEOPLE WITH DEVEL-
OPMENTAL DISABILITIES; OR
(C) IF THE ABUSE HAS OCCURRED ANY PLACE OTHER THAN ONE DESCRIBED IN
PARAGRAPH (A) OR (B) OF THIS SUBDIVISION, THE REPORT SHALL BE MADE TO
THE STATEWIDE CENTRAL REGISTER.
ANY FACILITY OR INSTITUTION REQUIRED TO REPORT UNDER THE PROVISIONS OF
THIS SECTION WHICH FAILS TO MAKE SUCH REPORT MAY BE FINED NOT MORE THAN
FIVE THOUSAND DOLLARS.
ANY PERSON REQUIRED TO REPORT UNDER THE PROVISION OF THIS SECTION WHO
FAILS TO MAKE SUCH REPORT MAY BE FINED NOT MORE THAN ONE THOUSAND
DOLLARS.
ALL REPORTS MADE IN COMPLIANCE WITH THIS SECTION SHALL BE CONFIDEN-
TIAL.
2. SUCH REPORT SHALL CONTAIN THE NAME AND ADDRESS OF THE INVOLVED
ADULT, INFORMATION REGARDING THE NATURE AND EXTENT OF THE ABUSE,
NEGLECT, EXPLOITATION OR ABANDONMENT, AND ANY OTHER INFORMATION WHICH
THE REPORTER BELIEVES MIGHT BE HELPFUL IN AN INVESTIGATION OF THE CASE
AND THE PROTECTION OF SUCH ADULT.
3. ANY OTHER PERSON HAVING REASONABLE CAUSE TO BELIEVE THAT AN ADULT
IS BEING, OR HAS BEEN ABUSED, NEGLECTED, EXPLOITED OR ABANDONED OR WHO
IS IN NEED OF PROTECTIVE SERVICES MAY REPORT SUCH INFORMATION IN ANY
REASONABLE MANNER TO THE COMMISSIONER OF THE OFFICE OF CHILDREN AND
FAMILY SERVICES OR HIS OR HER DESIGNEE.
4. ANY PERSON WHO MAKES ANY REPORT PURSUANT TO THIS TITLE, OR WHO
TESTIFIES IN ANY ADMINISTRATIVE OR JUDICIAL PROCEEDING ARISING FROM SUCH
REPORT SHALL BE IMMUNE FROM ANY CIVIL OR CRIMINAL LIABILITY ON ACCOUNT
OF SUCH REPORT OR TESTIMONY, EXCEPT FOR LIABILITY FOR PERJURY, UNLESS
SUCH PERSON WAS GROSSLY NEGLIGENT OR ACTED IN BAD FAITH OR WITH MALI-
CIOUS PURPOSE.
5. ANY PHYSICIAN, SURGEON, OR PSYCHOTHERAPIST SHALL NOT BE REQUIRED TO
FILE A REPORT PURSUANT TO THIS SECTION IF ALL THE FOLLOWING CONDITIONS
ARE MET:
(A) SUCH PHYSICIAN, SURGEON, OR PSYCHOTHERAPIST HAS BEEN TOLD BY AN
ADULT THAT HE OR SHE HAS EXPERIENCED BEHAVIOR CONSTITUTING PHYSICAL
ABUSE, ABANDONMENT, ISOLATION, FINANCIAL ABUSE, OR NEGLECT;
(B) SUCH PHYSICIAN, SURGEON, OR PSYCHOTHERAPIST IS NOT AWARE OF ANY
INDEPENDENT EVIDENCE THAT CORROBORATES THE STATEMENT THAT ABUSE HAS
OCCURRED;
(C) THE ADULT HAS BEEN DIAGNOSED WITH A MENTAL ILLNESS OR DEMENTIA, OR
IS THE SUBJECT OF A COURT ORDERED CONSERVATORSHIP BECAUSE OF MENTAL
ILLNESS OR DEMENTIA; AND
(D) IN THE EXERCISE OF CLINICAL JUDGMENT, SUCH PHYSICIAN, SURGEON, OR
PSYCHOTHERAPIST REASONABLY BELIEVES THAT SUCH ABUSE DID NOT OCCUR.
6. IN A LONG-TERM CARE FACILITY, A PERSON WHO OTHERWISE WOULD HAVE
BEEN REQUIRED TO REPORT ABUSE PURSUANT TO THIS SECTION, SHALL NOT BE
REQUIRED TO FILE A REPORT IF THE FOLLOWING CONDITIONS ARE MET:
(A) SUCH PERSON IS AWARE THAT THERE IS A PROPER PLAN OF CARE;
(B) SUCH PERSON IS AWARE THAT THE PLAN OF CARE WAS PROPERLY PROVIDED
OR EXECUTED;
A. 7734 4
(C) A PHYSICAL, MENTAL, OR MEDICAL INJURY OCCURRED AS A RESULT OF CARE
PROVIDED PURSUANT TO PARAGRAPH (A) OR (B) OF THIS SUBDIVISION; AND
(D) SUCH PERSON REASONABLY BELIEVES THAT THE INJURY WAS NOT THE RESULT
OF ABUSE.
7.(A) ANY INDIVIDUAL SPECIFIED IN SUBDIVISION ONE OF THIS SECTION WHO
HAS KNOWLEDGE OF, OR REASONABLY SUSPECTS THAT, TYPES OF ADULT ABUSE FOR
WHICH REPORTS ARE NOT MANDATED HAVE BEEN INFLICTED UPON AN ADULT OR THAT
HIS OR HER EMOTIONAL WELL-BEING IS ENDANGERED IN ANY OTHER WAY, MAY
REPORT THE KNOWN OR SUSPECTED INSTANCE OF ABUSE.
(B) IF THE SUSPECTED OR ALLEGED ABUSE OCCURRED IN A LONG-TERM CARE
FACILITY OTHER THAN A STATE MENTAL HEALTH HOSPITAL OR A STATE DEVELOP-
MENTAL CENTER, THE REPORT MAY BE MADE TO THE COMMISSIONER OF THE OFFICE
OF CHILDREN AND FAMILY SERVICES.
(C) IF THE SUSPECTED OR ALLEGED ABUSE OCCURRED IN A STATE MENTAL
HEALTH HOSPITAL OR A STATE DEVELOPMENTAL CENTER, THE REPORT MAY BE MADE
TO THE OFFICE OF MENTAL HEALTH OR THE OFFICE FOR PEOPLE WITH DEVELOP-
MENTAL DISABILITIES.
(D) IF THE SUSPECTED OR ALLEGED ABUSE OCCURRED IN A PLACE OTHER THAN A
PLACE DESCRIBED IN PARAGRAPH (B) OR (C) OF THIS SUBDIVISION, THE REPORT
MAY BE MADE TO THE STATEWIDE CENTRAL REGISTER.
8. IF THE CONDUCT INVOLVES CRIMINAL ACTIVITY NOT COVERED IN SUBDIVI-
SION FIVE OR SIX OF THIS SECTION, IT MAY BE IMMEDIATELY REPORTED TO THE
APPROPRIATE LAW ENFORCEMENT AGENCY.
9. WHEN TWO OR MORE INDIVIDUALS SPECIFIED IN SUBDIVISION ONE OF THIS
SECTION ARE PRESENT AND JOINTLY HAVE KNOWLEDGE OR REASONABLY SUSPECT
THAT TYPES OF ABUSE OF AN ADULT FOR WHICH A REPORT IS OR IS NOT MANDATED
HAVE OCCURRED, AND WHEN THERE IS AGREEMENT AMONG THEM, THE TELEPHONE
REPORT MAY BE MADE BY A MEMBER OF THE TEAM SELECTED BY MUTUAL AGREEMENT,
AND A SINGLE REPORT MAY BE MADE AND SIGNED BY THE SELECTED MEMBER OF THE
REPORTING TEAM. ANY MEMBER WHO HAS KNOWLEDGE THAT THE MEMBER DESIGNATED
TO REPORT HAS FAILED TO DO SO SHALL THEREAFTER MAKE THE REPORT.
10. A TELEPHONE REPORT OF A KNOWN OR SUSPECTED INSTANCE OF ADULT ABUSE
SHALL INCLUDE THE NAME OF THE PERSON MAKING THE REPORT, THE NAME AND AGE
OF THE ADULT, THE PRESENT LOCATION OF THE ADULT, THE NAMES AND ADDRESSES
OF FAMILY MEMBERS OR ANY OTHER PERSON RESPONSIBLE FOR THE ADULT'S CARE,
IF KNOWN, THE NATURE AND EXTENT OF THE ADULT'S CONDITION, THE DATE OF
THE INCIDENT, AND ANY OTHER INFORMATION, INCLUDING INFORMATION THAT LED
THAT PERSON TO SUSPECT ADULT ABUSE, REQUESTED BY THE AGENCY RECEIVING
THE REPORT.
§ 313. ACTION ON REPORTS. 1. THE COMMISSIONER OF THE OFFICE OF CHIL-
DREN AND FAMILY SERVICES UPON RECEIVING A REPORT THAT AN ADULT ALLEGEDLY
IS BEING, OR HAS BEEN, ABUSED, NEGLECTED, EXPLOITED OR ABANDONED, OR IS
IN NEED OF PROTECTIVE SERVICES SHALL CAUSE A PROMPT AND THOROUGH EVALU-
ATION TO BE MADE, THROUGH THE APPROPRIATE LOCAL OR COUNTY DEPARTMENT OF
SOCIAL SERVICES TO DETERMINE THE SITUATION RELATIVE TO THE CONDITION OF
THE ADULT AND WHAT ACTION AND SERVICES, IF ANY, ARE REQUIRED. THE EVALU-
ATION SHALL INCLUDE A VISIT TO THE NAMED ADULT AND CONSULTATION WITH
THOSE INDIVIDUALS HAVING KNOWLEDGE OF THE FACTS OF THE PARTICULAR CASE.
2. UPON PROBABLE CAUSE TO BELIEVE THAT AN INDIVIDUAL COVERED BY THIS
TITLE IS BEING ABUSED, MALTREATED OR NEGLECTED, A REPRESENTATIVE OF THE
LOCAL OR COUNTY DEPARTMENT OF SOCIAL SERVICES, ACCOMPANIED BY A LAW
ENFORCEMENT OFFICER, MAY ENTER A PREMISES, AFTER OBTAINING A COURT ORDER
AND ANNOUNCING THEIR AUTHORITY AND PURPOSE.
3. UPON COMPLETION OF THE EVALUATION OF EACH CASE, WRITTEN FINDINGS
SHALL BE PREPARED WHICH SHALL INCLUDE RECOMMENDED ACTION AND A DETERMI-
NATION OF WHETHER PROTECTIVE SERVICES ARE NEEDED.
A. 7734 5
4. EACH LOCAL OR COUNTY DEPARTMENT OF SOCIAL SERVICES SHALL MAINTAIN A
REGISTRY OF THE REPORTS RECEIVED, THE EVALUATION AND FINDINGS AND THE
ACTIONS RECOMMENDED, AND SHALL FURNISH COPIES OF SUCH DATA TO THE OFFICE
OF CHILDREN AND FAMILY SERVICES FOR A STATEWIDE REGISTER.
5. NEITHER THE ORIGINAL REPORT NOR THE EVALUATION REPORT OF THE LOCAL
OR COUNTY DEPARTMENT OF SOCIAL SERVICES SHALL BE DEEMED A PUBLIC RECORD.
THE NAME OF THE PERSON MAKING THE ORIGINAL REPORT OR ANY PERSON
MENTIONED IN SUCH REPORT SHALL NOT BE DISCLOSED UNLESS THE PERSON MAKING
THE ORIGINAL REPORT SPECIFICALLY REQUESTS SUCH DISCLOSURE OR UNLESS A
JUDICIAL PROCEEDING RESULTS THEREFROM.
§ 314. JUDICIAL REVIEW. 1. IF IT IS DETERMINED THAT AN ADULT IS IN
NEED OF PROTECTIVE SERVICES, THE LOCAL OR COUNTY DEPARTMENT OF SOCIAL
SERVICES SHALL FURNISH THE NECESSARY SERVICES, PROVIDED THE ADULT
CONSENTS.
2. IF AN ADULT DOES NOT CONSENT TO THE RECEIPT OF REASONABLE AND
NECESSARY PROTECTIVE SERVICES, OR IF SUCH PERSON WITHDRAWS THE CONSENT,
SUCH SERVICES SHALL NOT BE PROVIDED OR CONTINUED, EXCEPT THAT IF THE
COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES HAS REASON TO
BELIEVE THAT SUCH ADULT IS AT RISK OF SERIOUS HARM AND LACKS CAPACITY TO
CONSENT, HE OR SHE MAY PROCEED TO PETITION FOR AN ORDER FOR SHORT-TERM
INVOLUNTARY PROTECTIVE SERVICES PURSUANT TO SECTION FOUR HUNDRED SEVEN-
TY-THREE-A OF THIS CHAPTER.
3. IF THE CARETAKER OF AN ADULT WHO HAS CONSENTED TO THE RECEIPT OF
REASONABLE AND NECESSARY PROTECTIVE SERVICES REFUSES TO ALLOW THE
PROVISION OF SUCH SERVICES TO SUCH ADULT, THE COMMISSIONER OF THE OFFICE
OF CHILDREN AND FAMILY SERVICES MAY PETITION THE SUPREME COURT OR THE
SURROGATE'S COURT FOR AN ORDER ENJOINING THE CARETAKER FROM INTERFERING
WITH THE PROVISION OF PROTECTIVE SERVICES TO THE ADULT. THE PETITION
SHALL ALLEGE SPECIFIC FACTS SUFFICIENT TO SHOW THAT THE ADULT IS IN NEED
OF PROTECTIVE SERVICES AND CONSENTS TO THEIR PROVISION AND THAT THE
CARETAKER REFUSES TO ALLOW THE PROVISION OF SUCH SERVICES. IF THE JUDGE
FINDS THAT THE ADULT IS IN NEED OF SUCH SERVICES AND HAS BEEN PREVENTED
BY THE CARETAKER FROM RECEIVING THE SAME, THE JUDGE MAY ISSUE AN ORDER
ENJOINING THE CARETAKER FROM INTERFERING WITH THE PROVISION OF PROTEC-
TIVE SERVICES TO THE ADULT.
§ 315. AUTHORITY OF OFFICE OF CHILDREN AND FAMILY SERVICES. 1. EVERY
PERSON, DEPARTMENT, AGENCY OR COMMISSION AUTHORIZED TO CARRY OUT THE
DUTIES ENUMERATED IN THIS TITLE SHALL HAVE ACCESS TO ALL RELEVANT
RECORDS, EXCEPT THAT RECORDS WHICH ARE CONFIDENTIAL TO AN ADULT SHALL
ONLY BE DISCLOSED WITH THE WRITTEN CONSENT OF THE ADULT OR HIS OR HER
REPRESENTATIVE. THE AUTHORITY OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES UNDER THIS TITLE SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
RIGHT TO INITIATE OR OTHERWISE TAKE THOSE ACTIONS NECESSARY TO ASSURE
THE HEALTH, SAFETY AND WELFARE OF ANY ADULT, SUBJECT TO ANY SPECIFIC
REQUIREMENT FOR INDIVIDUAL CONSENT, AND THE RIGHT TO AUTHORIZE THE
TRANSFER OF AN ADULT FROM AN ADULT CARE FACILITY, INTERMEDIATE OR RESI-
DENTIAL HEALTH CARE FACILITY, NURSING HOME, OR HOSPITAL.
2. THE OFFICE OF CHILDREN AND FAMILY SERVICES, WITHIN TEN CALENDAR
DAYS OF THE REFERRAL OF ANY CASES FOR THE PROVISION OF PROTECTIVE
SERVICES, SHALL FURNISH THE LOCAL OR COUNTY DEPARTMENT OF SOCIAL
SERVICES A WRITTEN REPORT OUTLINING THE INTENDED PLAN OF SERVICES. THE
LOCAL OR COUNTY DEPARTMENT OF SOCIAL SERVICES SHALL HAVE THE RIGHT TO
COMMENT ON THE PROPOSED PLAN.
§ 316. ASSISTANCE OF OTHER AGENCIES. IN PERFORMING THE DUTIES SET
FORTH IN THIS TITLE, THE LOCAL OR COUNTY DEPARTMENT OF SOCIAL SERVICES
MAY REQUEST THE ASSISTANCE OF THE STAFFS AND RESOURCES OF ALL APPROPRI-
A. 7734 6
ATE STATE DEPARTMENTS, AGENCIES AND COMMISSIONS AND LOCAL HEALTH DIREC-
TORS.
§ 317. REVIEW. SUBSEQUENT TO THE AUTHORIZATION FOR THE PROVISION OF
REASONABLE AND NECESSARY PROTECTIVE SERVICES, THE OFFICE OF CHILDREN AND
FAMILY SERVICES SHALL INITIATE A REVIEW OF EACH CASE WITHIN FORTY-FIVE
DAYS, TO DETERMINE WHETHER CONTINUATION OF, OR MODIFICATION IN, THE
SERVICES PROVIDED IS WARRANTED. A DECISION TO CONTINUE THE PROVISION OF
SUCH SERVICES SHOULD BE MADE IN CONCERT WITH APPROPRIATE PERSONNEL FROM
OTHER INVOLVED STATE AND LOCAL GROUPS, AGENCIES AND DEPARTMENTS, AND
SHALL COMPLY WITH THE CONSENT PROVISIONS OF THIS TITLE. REEVALUATIONS OF
EACH SUCH CASE SHALL BE MADE EVERY NINETY DAYS THEREAFTER. THE OFFICE OF
CHILDREN AND FAMILY SERVICES SHALL ADVISE THE APPROPRIATE LOCAL OR COUN-
TY DEPARTMENT OF SOCIAL SERVICES OF THE DECISIONS RELATIVE TO CONTINUA-
TION OF PROTECTIVE SERVICES FOR EACH SUCH ADULT.
§ 318. COSTS FOR PROVIDING PROTECTIVE SERVICES. PRIOR TO IMPLEMENTA-
TION OF ANY PROTECTIVE SERVICES, AN EVALUATION SHALL BE UNDERTAKEN BY
THE OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT TO REGULATIONS WHICH
SHALL BE ADOPTED BY THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMI-
LY SERVICES REGARDING THE ADULT'S FINANCIAL CAPABILITY FOR PAYING FOR
THE PROTECTIVE SERVICES. IF THE PERSON IS SO ABLE, PROCEDURES FOR THE
REIMBURSEMENT FOR THE COSTS OF PROVIDING THE NEEDED PROTECTIVE SERVICES
SHOULD BE INITIATED. IF IT IS DETERMINED THAT THE PERSON IS NOT FINAN-
CIALLY CAPABLE OF PAYING FOR SUCH NEEDED SERVICES, THE SERVICES SHALL BE
PROVIDED IN ACCORDANCE WITH POLICIES AND PROCEDURES ESTABLISHED BY THE
COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR THE
PROVISION OF SOCIAL SERVICES BENEFITS UNDER SUCH CIRCUMSTANCES.
§ 319. ABUSE OF DUTIES OF FACILITY OR CARETAKER. IF AS A RESULT OF ANY
INVESTIGATION INITIATED UNDER THE PROVISIONS OF THIS TITLE, A DETERMI-
NATION IS MADE THAT A FACILITY OR CARETAKER OR OTHER PERSON HAS ABUSED,
NEGLECTED, EXPLOITED OR ABANDONED AN ADULT, SUCH INFORMATION SHALL BE
REFERRED IN WRITING TO THE ATTORNEY GENERAL OR HIS OR HER DESIGNEE, AND
THE DISTRICT ATTORNEY IN THE COUNTY IN WHICH THE ABUSE, NEGLECT, EXPLOI-
TATION OR ABANDONMENT IS BELIEVED TO HAVE OCCURRED WHICH SHALL CONDUCT
SUCH FURTHER INVESTIGATION, IF ANY IS DEEMED NECESSARY AND SHALL DETER-
MINE WHETHER CRIMINAL PROCEEDINGS SHOULD BE INITIATED AGAINST SUCH
FACILITY OR CARETAKER OR OTHER PERSON, IN ACCORDANCE WITH APPLICABLE
STATE LAW. ANY FACILITY OR CARETAKER FOUND GUILTY OF ABUSE OR NEGLECT
SHALL BE FURTHER INVESTIGATED FOR ANY ADDITIONAL IMPLICATIONS OF ABUSE
OR NEGLECT AND MAY BE SUBJECT TO A FINE DETERMINED BY THE COMMISSIONER.
§ 320. STATEWIDE CENTRAL REGISTER OF ADULT ABUSE. 1. THERE SHALL BE
ESTABLISHED IN THE OFFICE OF CHILDREN AND FAMILY SERVICES A STATEWIDE
CENTRAL REGISTER OF ADULT ABUSE REPORTS MADE PURSUANT TO THIS TITLE.
2. THE CENTRAL REGISTER SHALL BE CAPABLE OF RECEIVING ORAL AND ELEC-
TRONIC REPORTS OF ADULT ABUSE, NEGLECT, EXPLOITATION OR ABANDONMENT AND
OF IMMEDIATELY IDENTIFYING PRIOR REPORTS OF ADULT ABUSE, NEGLECT,
EXPLOITATION OR ABANDONMENT AND CAPABLE OF MONITORING THE PROVISION OF
ADULT PROTECTIVE SERVICES TWENTY-FOUR HOURS A DAY, SEVEN DAYS A WEEK. TO
EFFECTUATE THIS PURPOSE, BUT SUBJECT TO THE PROVISIONS OF THE APPROPRI-
ATE LOCAL PLAN FOR THE PROVISION OF ADULT PROTECTIVE SERVICES, THERE
SHALL BE A SINGLE STATEWIDE TELEPHONE NUMBER THAT ALL PERSONS, WHETHER
MANDATED BY LAW OR NOT, MAY USE TO REPORT CASES OF SUSPECTED ADULT
ABUSE, NEGLECT, EXPLOITATION OR ABANDONMENT AND THAT ALL PERSONS SO
AUTHORIZED BY THIS TITLE MAY USE FOR DETERMINING THE EXISTENCE OF PRIOR
REPORTS IN ORDER TO EVALUATE THE CONDITION OR CIRCUMSTANCES OF THE ADULT
BEFORE THEM. SUCH ORAL REPORTS SHALL BE IMMEDIATELY TRANSMITTED ORALLY
OR ELECTRONICALLY BY THE OFFICE OF CHILDREN AND FAMILY SERVICES TO THE
A. 7734 7
APPROPRIATE LOCAL ADULT PROTECTIVE SERVICE. IF THE RECORDS INDICATE A
PREVIOUS REPORT CONCERNING A SUBJECT OF THE REPORT, OTHER PERSONS NAMED
IN THE REPORT OR OTHER PERTINENT INFORMATION, THE APPROPRIATE LOCAL
ADULT PROTECTIVE SERVICE SHALL BE IMMEDIATELY NOTIFIED OF THE FACT.
3. THE CENTRAL REGISTER SHALL INCLUDE BUT NOT BE LIMITED TO THE
FOLLOWING INFORMATION: ALL THE INFORMATION IN THE WRITTEN REPORT; A
RECORD OF THE FINAL DISPOSITION OF THE REPORT, INCLUDING SERVICES
OFFERED AND SERVICES ACCEPTED; THE PLAN FOR REHABILITATIVE TREATMENT;
THE NAMES AND IDENTIFYING DATA, DATES AND CIRCUMSTANCES OF ANY PERSON
REQUESTING OR RECEIVING INFORMATION FROM THE REGISTER; AND ANY OTHER
INFORMATION WHICH THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES BELIEVES MIGHT BE HELPFUL IN THE FURTHERANCE OF THE PURPOSES OF
THIS CHAPTER.
4. REPORTS MADE PURSUANT TO THIS TITLE AS WELL AS ANY OTHER INFORMA-
TION OBTAINED, REPORTS WRITTEN OR PHOTOGRAPHS TAKEN CONCERNING SUCH
REPORTS IN THE POSSESSION OF THE OFFICE OF CHILDREN AND FAMILY SERVICES
OR LOCAL DEPARTMENTS SHALL BE CONFIDENTIAL AND SHALL ONLY BE MADE AVAIL-
ABLE TO (A) A PHYSICIAN WHO HAS BEFORE HIM OR HER AN ADULT WHOM HE OR
SHE REASONABLY SUSPECTS MAY BE ABUSED, NEGLECTED, EXPLOITED OR ABAN-
DONED; (B) A PERSON AUTHORIZED TO PLACE AN ADULT IN PROTECTIVE CUSTODY
WHEN SUCH PERSON HAS BEFORE HIM OR HER AN ADULT WHOM HE OR SHE REASON-
ABLY SUSPECTS MAY BE ABUSED, NEGLECTED, EXPLOITED OR ABANDONED AND SUCH
PERSON REQUIRES THE INFORMATION IN THE RECORD TO DETERMINE WHETHER TO
PLACE THE ADULT IN PROTECTIVE CUSTODY; (C) A DULY AUTHORIZED AGENCY
HAVING THE RESPONSIBILITY FOR THE CARE OR SUPERVISION OF AN ADULT WHO IS
REPORTED TO THE CENTRAL REGISTER OF ADULT ABUSE; (D) ANY PERSON WHO IS
THE SUBJECT OF THE REPORT OR OTHER PERSONS NAMED IN THE REPORT; (E) A
COURT, UPON A FINDING THAT THE INFORMATION IN THE RECORD IS NECESSARY
FOR THE DETERMINATION OF AN ISSUE BEFORE THE COURT; (F) A GRAND JURY,
UPON A FINDING THAT THE INFORMATION IN THE RECORD IS NECESSARY FOR THE
DETERMINATION OF CHARGES BEFORE THE GRAND JURY; (G) ANY APPROPRIATE
STATE LEGISLATIVE COMMITTEE RESPONSIBLE FOR ADULT PROTECTIVE LEGISLATION
AND ANY TEMPORARY STATE COMMISSION HAVING THE POWERS OF A LEGISLATIVE
COMMITTEE AND HAVING THE POWER TO REVIEW SUCH LEGISLATION AND MAKE
RECOMMENDATIONS THEREON TO THE GOVERNOR AND LEGISLATURE; (H) ANY PERSON
ENGAGED IN A BONA FIDE RESEARCH PURPOSE, PROVIDED, HOWEVER, THAT NO
INFORMATION IDENTIFYING THE SUBJECTS OF THE REPORT OR OTHER PERSONS
NAMED IN THE REPORT SHALL BE MADE AVAILABLE TO THE RESEARCHER UNLESS IT
IS ABSOLUTELY ESSENTIAL TO THE RESEARCH PURPOSE AND THE OFFICE OF CHIL-
DREN AND FAMILY SERVICES GIVES PRIOR APPROVAL; (I) AUTHORIZED AGENCIES
AND THE OFFICE FOR THE AGING. HOWEVER, NO INFORMATION MAY BE RELEASED
UNLESS THE PERSON OR OFFICIAL'S IDENTITY IS CONFIRMED BY THE DEPARTMENT
AND THE RELEASED INFORMATION STATES WHETHER THE REPORT IS "INDICATED" OR
"UNDER INVESTIGATION," WHICHEVER THE CASE MAY BE. A PERSON GIVEN ACCESS
TO THE NAMES OR OTHER INFORMATION IDENTIFYING THE SUBJECTS OF THE REPORT
OR OTHER PERSONS NAMED IN THE REPORT, EXCEPT THE SUBJECT OF THE REPORT
OR OTHER PERSONS NAMED IN THE REPORT, SHALL NOT DIVULGE OR MAKE PUBLIC
SUCH IDENTIFYING INFORMATION UNLESS HE OR SHE IS A DISTRICT ATTORNEY OR
OTHER LAW ENFORCEMENT OFFICIAL AND THE PURPOSE IS TO INITIATE COURT
ACTION.
5. UNLESS AN INVESTIGATION OF A REPORT CONDUCTED PURSUANT TO THIS
TITLE DETERMINES THAT THERE IS SOME CREDIBLE EVIDENCE OF THE ALLEGED
ABUSE, NEGLECT, EXPLOITATION OR ABANDONMENT, ALL INFORMATION IDENTIFYING
THE SUBJECTS OF THE REPORT AND OTHER PERSONS NAMED IN THE REPORT SHALL
BE EXPUNGED FROM THE CENTRAL REGISTER AND FROM THE RECORDS OF ALL LOCAL
ADULT PROTECTIVE SERVICES FORTHWITH.
A. 7734 8
6. IN ALL OTHER CASES, THE RECORD OF THE REPORT TO THE CENTRAL REGIS-
TER SHALL BE EXPUNGED NO LATER THAN TEN YEARS AFTER THE DEATH OF THE
ADULT. IN ANY CASE AND AT ANY TIME, THE COMMISSIONER OF THE OFFICE OF
CHILDREN AND FAMILY SERVICES MAY AMEND OR EXPUNGE ANY RECORD UPON GOOD
CAUSE SHOWN AND NOTICE TO THE SUBJECTS OF THE REPORT AND OTHER PERSONS
NAMED IN THE REPORT.
7. AT ANY TIME, A SUBJECT OF A REPORT AND OTHER PERSONS NAMED IN THE
REPORT MAY RECEIVE, UPON REQUEST, A COPY OF ALL INFORMATION CONTAINED IN
THE CENTRAL REGISTER; PROVIDED, HOWEVER, THAT THE COMMISSIONER OF THE
OFFICE OF CHILDREN AND FAMILY SERVICES IS AUTHORIZED TO PROHIBIT THE
RELEASE OF DATA THAT WOULD IDENTIFY THE PERSON WHO MADE THE REPORT OR
WHO COOPERATED IN A SUBSEQUENT INVESTIGATION, WHICH HE OR SHE REASONABLY
FINDS WILL BE DETRIMENTAL TO THE SAFETY OR INTERESTS OF SUCH PERSON.
8. AT ANY TIME SUBSEQUENT TO THE COMPLETION OF THE INVESTIGATION BUT
IN NO EVENT LATER THAN NINETY DAYS AFTER THE SUBJECT OF THE REPORT IS
NOTIFIED THAT THE REPORT IS INDICATED THE SUBJECT MAY REQUEST THE
COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES TO AMEND OR
EXPUNGE THE RECORD OF THE REPORT. IF THE COMMISSIONER OF THE OFFICE OF
CHILDREN AND FAMILY SERVICES DOES NOT AMEND OR EXPUNGE THE REPORT WITHIN
NINETY DAYS OF RECEIVING SUCH REQUEST, THE SUBJECT SHALL HAVE THE RIGHT
TO A FAIR HEARING TO DETERMINE WHETHER THE RECORD OF THE REPORT IN THE
CENTRAL REGISTER SHOULD BE AMENDED OR EXPUNGED ON THE GROUNDS THAT IT IS
INACCURATE OR IT IS BEING MAINTAINED IN A MANNER INCONSISTENT WITH THIS
TITLE. THE APPROPRIATE LOCAL ADULT PROTECTIVE SERVICE SHALL BE GIVEN
NOTICE OF THE FAIR HEARING. THE BURDEN OF PROOF IN SUCH HEARING SHALL BE
ON THE OFFICE OF CHILDREN AND FAMILY SERVICES AND APPROPRIATE LOCAL
ADULT PROTECTIVE SERVICE. IN SUCH HEARINGS, THE FACT THAT THERE WAS A
COURT FINDING OF ABUSE, NEGLECT, EXPLOITATION OR ABANDONMENT SHALL BE
PRESUMPTIVE EVIDENCE THAT THE REPORT WAS SUBSTANTIATED. THE COMMISSIONER
OF THE OFFICE OF CHILDREN AND FAMILY SERVICES OR HIS OR HER DESIGNATED
AGENT IS HEREBY AUTHORIZED AND EMPOWERED TO MAKE ANY APPROPRIATE ORDER
RESPECTING THE AMENDMENT OR EXPUNGEMENT OF THE RECORD TO MAKE IT ACCU-
RATE OR CONSISTENT WITH THE REQUIREMENTS OF THIS TITLE.
9. WRITTEN NOTICE OF ANY EXPUNGEMENT OR AMENDMENT OF ANY RECORD, MADE
PURSUANT TO THE PROVISIONS OF THIS TITLE, SHALL BE SERVED UPON EACH
SUBJECT OF SUCH RECORD, OTHER PERSONS NAMED IN THE REPORT AND THE APPRO-
PRIATE LOCAL ADULT PROTECTIVE SERVICE. THE LATTER, UPON RECEIPT OF SUCH
NOTICE, SHALL TAKE THE APPROPRIATE SIMILAR ACTION IN REGARD TO THE LOCAL
ADULT ABUSE REGISTER AND INFORM, FOR THE SAME PURPOSE, ANY OTHER AGENCY
WHICH RECEIVED SUCH RECORD PURSUANT TO THIS TITLE.
10. ANY PERSON WHO WILLFULLY PERMITS AND ANY PERSON WHO ENCOURAGES THE
RELEASE OF ANY DATA AND INFORMATION CONTAINED IN THE CENTRAL REGISTER TO
PERSONS OR AGENCIES NOT PERMITTED BY THIS TITLE SHALL BE GUILTY OF A
CLASS A MISDEMEANOR.
§ 2. The sum of seven hundred thousand dollars ($700,000), or so much
thereof as may be necessary, is hereby appropriated to the office of
children and family services out of any moneys in the state treasury in
the general fund to the credit of the state purposes account not other-
wise appropriated, for its expenses, including personal service, mainte-
nance and operation in carrying out the provisions of this act. Such
moneys shall be payable on the audit and warrant of the comptroller on
vouchers certified or approved by the commissioner of the office of
children and family services or his or her designee, in the manner
prescribed by law.
A. 7734 9
§ 3. The state shall reimburse each local or county department of
social services for the costs of providing adult persons with protective
services.
§ 4. The department of social welfare shall make a report to the
governor and the legislature annually regarding the provisions of this
act.
§ 5. This act shall take effect on the one hundred twentieth day after
it shall have become a law, except that any rules and regulations neces-
sary for the timely implementation of this act on its effective date
shall be promulgated on or before such date.