S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3665
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2019
                                ___________
 
 Introduced  by M. of A. CARROLL, ORTIZ, RIVERA, JAFFEE, ABBATE, DenDEKK-
   ER, COLTON -- Multi-Sponsored by -- M. of A. GALEF, PEOPLES-STOKES  --
   read once and referred to the Committee on Aging
 
 AN  ACT  to  amend the social services law, in relation to elderly abuse
   protective services; and making an appropriation therefor

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Article 5 of the social services law is amended by adding a
 new title 9 to read as follows:
                                  TITLE 9
                       ELDERLY ABUSE PROTECTIVE ACT
 SECTION 310. DECLARATION OF PURPOSE.
         311. DEFINITIONS.
         312. REPORTING THE POSSIBLE NECESSITY FOR PROTECTIVE SERVICES.
         313. ACTION ON REPORTS.
         314. JUDICIAL REVIEW.
         315. AUTHORITY OF OFFICE OF CHILDREN AND FAMILY SERVICES.
         316. ASSISTANCE OF OTHER AGENCIES.
         317. REVIEW.
         318. COSTS FOR PROVIDING PROTECTIVE SERVICES.
         319. ABUSE OF DUTIES OF CARETAKER.
         320. STATEWIDE CENTRAL REGISTER OF ELDERLY ABUSE.
   § 310. DECLARATION OF PURPOSE. THE LEGISLATURE DECLARES THAT NO ELDER-
 LY  PERSON  IN  THE  STATE  SHALL  BE SUBJECTED TO ABUSE OR DEPRIVATION.
 TOWARDS THAT END THE "ELDERLY ABUSE PROTECTIVE ACT" IS ENACTED.
   § 311. DEFINITIONS. FOR PURPOSES OF THIS TITLE:
   1. THE TERM "ELDERLY PERSON" MEANS ANY RESIDENT OF THE  STATE  WHO  IS
 SIXTY-TWO YEARS OF AGE OR OLDER.
   2.  AN  ELDERLY  PERSON  SHALL  BE DEEMED TO BE "IN NEED OF PROTECTIVE
 SERVICES" IF SUCH PERSON IS UNABLE TO PERFORM OR OBTAIN  SERVICES  WHICH
 ARE NECESSARY TO MAINTAIN PHYSICAL AND MENTAL HEALTH.
   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  ELDERLY
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02490-01-9

 A. 3665                             2
 
 PERSON  TO A FACILITY OR INSTITUTION ABLE TO OFFER SUCH CARE, ASSISTANCE
 IN PERSONAL HYGIENE, FOOD, CLOTHING, ADEQUATELY  HEATED  AND  VENTILATED
 SHELTER,  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 ELDERLY PERSON WHO IS EITHER LIVING
 ALONE AND NOT ABLE TO PROVIDE FOR ONESELF THE SERVICES WHICH ARE  NECES-
 SARY TO MAINTAIN PHYSICAL AND MENTAL HEALTH OR IS NOT RECEIVING THE SAID
 NECESSARY SERVICES FROM THE RESPONSIBLE CARETAKER.
   7.  THE TERM "EXPLOITATION" MEANS INTENTIONAL ECONOMIC EXPLOITATION OF
 AN ELDERLY PERSON BY MEANS OF THEFT, FRAUD, COERCION OR EXTORTION.
   8. THE TERM "ABANDONMENT" REFERS TO THE DESERTION OR WILFUL  FORSAKING
 OF  AN  ELDERLY  PERSON BY A CARETAKER OR THE FOREGOING OF DUTIES OR THE
 WITHDRAWAL OR NEGLECT OF DUTIES AND OBLIGATIONS OWED AN  ELDERLY  PERSON
 BY A CARETAKER OR OTHER PERSON.
   9.  THE TERM "CARETAKER" MEANS A PERSON WHO HAS THE RESPONSIBILITY FOR
 THE CARE OF AN ELDERLY PERSON AS A RESULT OF FAMILY RELATIONSHIP OR  WHO
 HAS  ASSUMED THE RESPONSIBILITY FOR THE CARE OF THE ELDERLY VOLUNTARILY,
 BY CONTRACT OR BY ORDER OF A COURT OF COMPETENT JURISDICTION.
   § 312. REPORTING THE POSSIBLE NECESSITY FOR PROTECTIVE SERVICES.    1.
 ANY  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  PRACTI-
 CAL NURSE, MEDICAL EXAMINER, DENTIST, OSTEOPATH, OPTOMETRIST, CHIROPRAC-
 TOR, PODIATRIST, SOCIAL WORKER, CORONER, CLERGYMAN, PEACE OFFICER, PHAR-
 MACIST  OR  PHYSICAL  THERAPIST  OR  ANY  ATTORNEY, ACCOUNTANT, TRUSTEE,
 GUARDIAN, CONSERVATOR OR OTHER PERSON WHO HAS RESPONSIBILITY FOR PREPAR-
 ING THE TAX RECORDS OF AN ELDERLY PERSON OR A PERSON WHO HAS A FIDUCIARY
 RESPONSIBILITY FOR ANY OTHER ACTION CONCERNING THE USE  OR  PRESERVATION
 OF  AN  ELDERLY  ADULT'S PROPERTY, WHO HAS A REASONABLE BASIS TO BELIEVE
 THAT ANY ELDERLY PERSON 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 ELDER-
 LY PERSON OR A PERSON WHO HAS A FIDUCIARY RESPONSIBILITY FOR  ANY  OTHER
 ACTION  CONCERNING  THE  USE OR RETENTION OF AN ELDERLY ADULT'S PROPERTY
 WHO HAS A REASONABLE BASIS TO BELIEVE THAT AN  ELDERLY  ADULT  HAS  BEEN
 EXPLOITED,  SHALL  WITHIN THREE CALENDAR DAYS REPORT SUCH INFORMATION OR
 CAUSE A REPORT TO BE MADE IN THE FOLLOWING MANNER:

 A. 3665                             3
 
   (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  PERSON REQUIRED TO REPORT UNDER THE PROVISION OF THIS SECTION WHO
 FAILS TO MAKE SUCH REPORT MAY  BE  FINED  NOT  MORE  THAN  FIVE  HUNDRED
 DOLLARS.
   2.  SUCH  REPORT  SHALL  CONTAIN  THE NAME AND ADDRESS OF THE INVOLVED
 ELDERLY PERSON, 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 ELDERLY PERSON.
   3. ANY OTHER PERSON HAVING REASONABLE CAUSE TO BELIEVE THAT AN ELDERLY
 PERSON  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
 ELDER OR DEPENDENT ADULT THAT HE OR SHE HAS EXPERIENCED BEHAVIOR CONSTI-
 TUTING 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  ELDER  OR  DEPENDENT  ADULT HAS BEEN DIAGNOSED WITH A MENTAL
 ILLNESS OR DEMENTIA, OR IS THE SUBJECT OF A COURT  ORDERED  CONSERVATOR-
 SHIP 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;
   (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 ELDER OR DEPEND-

 A. 3665                             4
 
 ENT ADULT ABUSE FOR WHICH REPORTS ARE NOT MANDATED HAVE  BEEN  INFLICTED
 UPON AN ELDER OR DEPENDENT 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 ELDER OR A DEPENDENT 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 ELDER OR
 DEPENDENT ADULT ABUSE SHALL INCLUDE THE NAME OF THE  PERSON  MAKING  THE
 REPORT,  THE  NAME  AND AGE OF THE ELDER OR DEPENDENT ADULT, THE PRESENT
 LOCATION OF THE ELDER OR DEPENDENT ADULT, THE  NAMES  AND  ADDRESSES  OF
 FAMILY  MEMBERS OR ANY OTHER PERSON RESPONSIBLE FOR THE ELDER OR DEPEND-
 ENT ADULT'S CARE, IF KNOWN, THE  NATURE  AND  EXTENT  OF  THE  ELDER  OR
 DEPENDENT  ADULT'S  CONDITION,  THE  DATE OF THE INCIDENT, AND ANY OTHER
 INFORMATION, INCLUDING INFORMATION THAT LED THAT PERSON TO SUSPECT ELDER
 OR DEPENDENT 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 ELDERLY PERSON
 ALLEGEDLY IS BEING, OR HAS BEEN, ABUSED, NEGLECTED, EXPLOITED  OR  ABAN-
 DONED,  OR  IS  IN  NEED OF PROTECTIVE SERVICES SHALL CAUSE A PROMPT AND
 THOROUGH EVALUATION TO BE MADE, THROUGH THE APPROPRIATE LOCAL OR  COUNTY
 DEPARTMENT OF SOCIAL SERVICES TO DETERMINE THE SITUATION RELATIVE TO THE
 CONDITION  OF  THE  ELDERLY PERSON AND WHAT ACTION AND SERVICES, IF ANY,
 ARE REQUIRED. THE EVALUATION SHALL INCLUDE A VISIT TO THE NAMED  ELDERLY
 PERSON  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.
   4. EACH LOCAL OR COUNTY DEPARTMENT OF SOCIAL SERVICES SHALL MAINTAIN A
 REGISTRY  OF  THE  REPORTS RECEIVED, THE EVALUATION AND FINDINGS AND THE

 A. 3665                             5

 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 ELDERLY  PERSON
 IS  IN  NEED  OF  PROTECTIVE SERVICES, THE LOCAL OR COUNTY DEPARTMENT OF
 SOCIAL SERVICES   SHALL FURNISH THE  NECESSARY  SERVICES,  PROVIDED  THE
 ELDERLY PERSON CONSENTS.
   2.  IF AN ELDERLY PERSON 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 ELDERLY PERSON 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 SEVENTY-THREE-A OF THIS CHAPTER.
   3.  IF  THE  CARETAKER  OF  AN ELDERLY PERSON WHO HAS CONSENTED TO THE
 RECEIPT OF REASONABLE AND NECESSARY PROTECTIVE SERVICES REFUSES TO ALLOW
 THE PROVISION OF SUCH SERVICES TO SUCH ELDERLY PERSON, 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  ELDERLY
 PERSON. THE PETITION SHALL ALLEGE SPECIFIC FACTS SUFFICIENT TO SHOW THAT
 THE  ELDERLY  PERSON  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 ELDERLY PERSON 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 INTER-
 FERING WITH THE PROVISION OF PROTECTIVE SERVICES TO THE ELDERLY PERSON.
   § 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 ELDERLY PERSON
 SHALL  ONLY  BE DISCLOSED WITH THE WRITTEN CONSENT OF THE ELDERLY PERSON
 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 ELDERLY PERSON, SUBJECT TO
 ANY SPECIFIC REQUIREMENT  FOR  INDIVIDUAL  CONSENT,  AND  THE  RIGHT  TO
 AUTHORIZE THE TRANSFER OF AN ELDERLY PERSON FROM AN ADULT CARE FACILITY,
 INTERMEDIATE  OR  RESIDENTIAL  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. 3665                             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 ELDERLY PERSON.
   § 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  ELDERLY  PERSON'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
 FINANCIALLY 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 CARETAKER. IF AS A RESULT  OF  ANY  INVESTI-
 GATION  INITIATED UNDER THE PROVISIONS OF THIS TITLE, A DETERMINATION IS
 MADE THAT A CARETAKER OR OTHER PERSON HAS ABUSED,  NEGLECTED,  EXPLOITED
 OR  ABANDONED  AN  ELDERLY PERSON, 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,  EXPLOITATION  OR
 ABANDONMENT  IS  BELIEVED  TO  HAVE  OCCURRED  WHICH  SHALL CONDUCT SUCH
 FURTHER INVESTIGATION, IF ANY IS DEEMED NECESSARY  AND  SHALL  DETERMINE
 WHETHER  CRIMINAL PROCEEDINGS SHOULD BE INITIATED AGAINST SUCH CARETAKER
 OR OTHER PERSON, IN ACCORDANCE WITH APPLICABLE STATE LAW.
   § 320. STATEWIDE CENTRAL REGISTER OF ELDERLY ABUSE. 1.  THERE SHALL BE
 ESTABLISHED IN THE OFFICE OF CHILDREN AND FAMILY  SERVICES  A  STATEWIDE
 CENTRAL REGISTER OF ELDERLY ABUSE REPORTS MADE PURSUANT TO THIS TITLE.
   2.  THE  CENTRAL REGISTER SHALL BE CAPABLE OF RECEIVING ORAL AND ELEC-
 TRONIC REPORTS OF ELDERLY ABUSE, NEGLECT,  EXPLOITATION  OR  ABANDONMENT
 AND  OF IMMEDIATELY IDENTIFYING PRIOR REPORTS OF ELDERLY ABUSE, NEGLECT,
 EXPLOITATION OR ABANDONMENT AND CAPABLE OF MONITORING THE  PROVISION  OF
 ELDERLY  PROTECTIVE SERVICES TWENTY-FOUR HOURS A DAY, SEVEN DAYS A WEEK.
 TO EFFECTUATE THIS PURPOSE, BUT SUBJECT TO THE PROVISIONS OF THE  APPRO-
 PRIATE  LOCAL  PLAN  FOR  THE  PROVISION OF ELDERLY 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
 ELDERLY 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
 ELDERLY  PERSON  BEFORE  THEM.    SUCH ORAL REPORTS SHALL BE IMMEDIATELY
 TRANSMITTED ORALLY OR ELECTRONICALLY BY THE OFFICE OF CHILDREN AND FAMI-
 LY SERVICES TO THE APPROPRIATE LOCAL ELDERLY 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

 A. 3665                             7
 
 APPROPRIATE  LOCAL ELDERLY PROTECTIVE SERVICE SHALL BE IMMEDIATELY NOTI-
 FIED 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 ELDERLY PERSON WHOM
 HE  OR  SHE  REASONABLY  SUSPECTS MAY BE ABUSED, NEGLECTED, EXPLOITED OR
 ABANDONED; (B) A PERSON AUTHORIZED TO PLACE AN ELDERLY PERSON IN PROTEC-
 TIVE CUSTODY WHEN SUCH PERSON HAS BEFORE HIM OR HER  AN  ELDERLY  PERSON
 WHOM  HE  OR SHE REASONABLY SUSPECTS MAY BE ABUSED, NEGLECTED, EXPLOITED
 OR ABANDONED AND SUCH PERSON REQUIRES THE INFORMATION IN THE  RECORD  TO
 DETERMINE WHETHER TO PLACE THE ELDERLY PERSON IN PROTECTIVE CUSTODY; (C)
 A  DULY  AUTHORIZED  AGENCY  HAVING  THE  RESPONSIBILITY FOR THE CARE OR
 SUPERVISION OF AN ELDERLY PERSON WHO IS REPORTED TO THE CENTRAL REGISTER
 OF ELDERLY 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  ELDERLY  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 CHILDREN AND FAMILY SERVICES GIVES PRIOR APPROVAL; (I)
 AUTHORIZED  AGENCIES AND THE OFFICE FOR THE AGING.  HOWEVER, NO INFORMA-
 TION 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 IDENTI-
 FYING 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
 ELDERLY PROTECTIVE SERVICES FORTHWITH.
   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

 A. 3665                             8
 
 ELDERLY PERSON. 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 ELDERLY 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
 ELDERLY  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 ELDERLY PROTECTIVE SERVICE. THE  LATTER,  UPON  RECEIPT  OF
 SUCH  NOTICE, SHALL TAKE THE APPROPRIATE SIMILAR ACTION IN REGARD TO THE
 LOCAL ELDERLY 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 six hundred thousand dollars ($600,000), 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.
   § 3. 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.