Senate Bill S2154A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2154
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04886-01-7
              

 S. 2154                             2
 
   (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;
   (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.
   § 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

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 OFFICIAL  FINDINGS,  MEASURES  TAKEN,  AND  OFFICIAL  DISPOSITION OF THE
 REPORT; AND
   (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.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.