NY State Senate Bill 2023-S4839

Senate Bill S4839

2023-2024 Legislative Session

Creates a statewide central register of elder abuse and maltreatment reports and the elder justice coordinating council

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Current Bill Status - In Senate Committee Aging Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to aging
Feb 15, 2023	referred to aging

co-Sponsors

2023-S4839 (ACTIVE) - Details

Current Committee:: Senate Aging
Law Section:: Social Services Law
Laws Affected:: Add Art 9-C §§473-m - 473-q, Soc Serv L; add Art 29 §830, Exec L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S8033
2017-2018: S2171
2019-2020: S1417
2021-2022: S3853

2023-S4839 (ACTIVE) - Summary

Creates a statewide central register of elder abuse and maltreatment reports and the elder justice coordinating council; mandates reporting by certain persons; facilitates interagency planning and reviews specific agency initiatives for their impact on the reporting and investigation of elder abuse and maltreatment in the state.

2023-S4839 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4839

SPONSOR: ASHBY
 
TITLE OF BILL:

An act to amend the social services law and the executive law, in
relation to creating a statewide central register of elder abuse and
maltreatment reports and the elder justice coordinating council

 
PURPOSE:

Creates a statewide central register of elder abuse and maltreatment
reports and the elder justice coordinating council.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the social services law to add a new article 9-C to
establish a statewide central register of elder abuse and maltreatment
reports. The bill defines "abused or maltreated elder" and "caregiver"
for purposes of the central register. Pursuant to the bill, the central
register would be established in the office of children and family
services and would be charged with receiving allegations of elder abuse

or maltreatment. The bill would also establish mandated reporters
responsible for reporting suspected incidents of elder abuse or
maltreatment.

Section 2: Amends the executive law to add a new article 29 establishing
the Elder Justice Coordinating Council. The Council would be responsible
for interagency planning and review of elder abuse initiatives in the
state. Among other things, the Council would be responsible for conduct-
ing community forums to gather information relating to a New York State
plan for the identification, investigation, and intervention into cases
of elder abuse and maltreatment.

 
JUSTIFICATION:

Unfortunately, elder abuse and maltreatment have become a pervasive and
devastating reality for many of our nation's senior citizens.  Over
time, states have begun to respond to the increase in prevalence of
these crimes through the establishment of state registries and mandated
reporting procedures in suspected instances of abuse, neglect and
exploitation. To date, New York is the only state that has not imple-
mented any professional reporting requirements. As our population ages,
and these cases continue to come to the forefront, it is time that we
establish a comprehensive system to address these cases in a timely,
responsible manner.

National experts have reported that elder abuse awareness lags behind
the fields of child abuse and domestic violence by as much as two
decades. This shortage of awareness, coupled with the fact that elder
abuse is one of the most underreported crimes in the nation, has meant
that the landscape of intervention and prosecution for these crimes has
shown a significant lack of comprehensiveness and coordination. In part,
the nature of elder abuse crimes exacerbates these issues. Victims often
experience elder abuse from loved ones, friends, or neighbors and will
refuse help due to fear, embarrassment, or the desire to protect their
abuser. This can lead to the continuation of abuse that can compromise
financial, physical, and mental well-being and has been shown to
increase mortality rates.  Given the seriousness of these crimes, and
the impact that they can have on the lives of seniors in New York State,
it is imperative that a comprehensive state plan for the recognition of,
and intervention into, cases of suspected elder abuse is established.

This bill will create an Elder Justice Coordinating Council that will
convene experts and stakeholders in important discussions of their
current experiences regarding elder abuse cases and recommendations
going forward. In addition, the Coordinating Council will be responsible
for developing guidance related to the implementation of a statewide
registry and mandated reporting system. As the last state in the nation
to create a reporting system, it is vital that we ensure that the system
we establish draws on the lessons learned in other states, and builds an
infrastructure that addresses the seriousness of the issues raised in
cases of elder abuse and maltreatment in a timely and effective manner.

 
LEGISLATIVE HISTORY:

2021-22: S.3853 Referred to Aging

2019-20: S.1417 Referred to Aging

2017-18: S.2171A Reported and Committed to Finance/Referred to Aging

2015-16: S.8033 Passed Senate

 
FISCAL IMPLICATIONS:

Subject to appropriation.

 
EFFECTIVE DATE:
This act shall take effect October 1, 2023; provided that section one of
this act shall take effect January 1, 2025.

2023-S4839 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4839
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 15, 2023
                                ___________
 
 Introduced  by  Sen.  ASHBY  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Aging
 
 AN ACT to amend the social  services  law  and  the  executive  law,  in
   relation  to  creating a statewide central register of elder abuse and
   maltreatment reports and the elder justice coordinating council

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The social services law is amended by adding a new article
 9-C to read as follows:
                                ARTICLE 9-C
    STATEWIDE CENTRAL REGISTER OF ELDER ABUSE AND MALTREATMENT REPORTS
 SECTION 473-M. DEFINITIONS.
         473-N. STATEWIDE CENTRAL REGISTER OF ELDER ABUSE  AND  MALTREAT-
                  MENT REPORTS.
         473-O. MANDATED REPORTERS.
         473-P. PENALTIES FOR FAILURE TO REPORT.
         473-Q. IMMUNITY FROM LIABILITY.
   § 473-M. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   1.  "ABUSED  OR MALTREATED ELDER" MEANS ANY RESIDENT OF NEW YORK STATE
 WHO IS SIXTY YEARS OF AGE OR OLDER AND WHO IS ALLEGED TO BE  THE  VICTIM
 OF  PHYSICAL  ABUSE,  SEXUAL ABUSE, EMOTIONAL ABUSE, PASSIVE OR SELF-NE-
 GLECT, OR FINANCIAL EXPLOITATION,  AS  DEFINED  IN  SUBDIVISION  SIX  OF
 SECTION FOUR HUNDRED SEVENTY-THREE OF THIS CHAPTER.
   2.  "CAREGIVER"  MEANS ANY PERSON WHO HAS ASSUMED FULL OR INTERMITTENT
 RESPONSIBILITY FOR THE CARE OR CUSTODY OF AN ELDERLY ADULT,  WHETHER  OR
 NOT HE OR SHE RECEIVES COMPENSATION.
   §  473-N.  STATEWIDE  CENTRAL REGISTER OF ELDER ABUSE AND MALTREATMENT
 REPORTS.  1. SUBJECT TO APPROPRIATION, THERE SHALL BE ESTABLISHED IN THE
 OFFICE OF CHILDREN AND FAMILY SERVICES A STATEWIDE CENTRAL  REGISTER  OF
 ELDER ABUSE AND MALTREATMENT REPORTS MADE PURSUANT TO THIS ARTICLE.
   2. THE CENTRAL REGISTER CREATED BY THIS SECTION SHALL:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09273-01-3

 S. 4839                             2
 
   (A)  BE  CAPABLE  OF RECEIVING TELEPHONE CALLS ALLEGING ELDER ABUSE OR
 MALTREATMENT AND OF IMMEDIATELY IDENTIFYING PRIOR REPORTS OF ELDER ABUSE
 OR MALTREATMENT AND CAPABLE OF MONITORING THE PROVISION OF ADULT PROTEC-
 TIVE SERVICES TWENTY-FOUR HOURS A DAY, SEVEN DAYS A WEEK. TO  EFFECTUATE
 THIS  PURPOSE,  THERE  SHALL  BE A SINGLE STATEWIDE TELEPHONE NUMBER, IN
 ADDITION  TO  OTHER  SPECIAL  EXPRESS  REPORTING  PROCEDURES,  THAT  ALL
 PERSONS,  WHETHER  MANDATED BY THE LAW OR NOT, MAY USE TO MAKE TELEPHONE
 CALLS ALLEGING ELDER ABUSE OR  MALTREATMENT  AND  THAT  ALL  PERSONS  SO
 AUTHORIZED  MAY  USE  FOR  DETERMINING THE EXISTENCE OF PRIOR REPORTS IN
 ORDER TO EVALUATE THE CONDITION OF THE ELDER;
   (B) IMMEDIATELY TRANSMIT ORALLY OR ELECTRONICALLY  BY  THE  OFFICE  OF
 CHILDREN AND FAMILY SERVICES TO THE APPROPRIATE ADULT PROTECTIVE SERVICE
 FOR  INVESTIGATION,  ANY  ALLEGATIONS  CONTAINED IN SUCH TELEPHONE CALLS
 WHEN THEY COULD  REASONABLY  CONSTITUTE  A  REPORT  OF  ELDER  ABUSE  OR
 MALTREATMENT, INCLUDING SUCH ALLEGATIONS AND ANY PREVIOUS REPORTS TO THE
 CENTRAL  REGISTRY INVOLVING THE SUBJECT OF SUCH REPORT OR ELDER NAMED IN
 SUCH REPORT, AND ANY PREVIOUS REPORTS CONTAINING  ALLEGATIONS  OF  ELDER
 ABUSE  AND  MALTREATMENT  ALLEGED TO HAVE OCCURRED IN OTHER COUNTIES AND
 DISTRICTS IN NEW YORK STATE;
   (C) IMMEDIATELY TRANSMIT ORALLY OR ELECTRONICALLY TO  THE  APPROPRIATE
 LOCAL  ADULT  PROTECTIVE  SERVICE  FOR INVESTIGATION, ANY TELEPHONE CALL
 MADE BY A PERSON REQUIRED TO REPORT CASES OF SUSPECTED  ELDER  ABUSE  OR
 MALTREATMENT  PURSUANT  TO THIS ARTICLE CONTAINING ALLEGATIONS, WHICH IF
 TRUE WOULD CONSTITUTE ELDER ABUSE OR MALTREATMENT;
   (D) CONVEY BY THE MOST EXPEDIENT MEANS AVAILABLE  TO  THE  APPROPRIATE
 LAW  ENFORCEMENT  AGENCY,  DISTRICT  ATTORNEY,  OR OTHER PUBLIC OFFICIAL
 EMPOWERED TO  PROVIDE  NECESSARY  AID  OR  ASSISTANCE,  ANY  INFORMATION
 CONTAINED  IN  A  TELEPHONE CALL TO THE REGISTER WHERE THE CIRCUMSTANCES
 DESPITE NOT CONSTITUTING ABUSE OR MALTREATMENT AS DEFINED IN THIS  ARTI-
 CLE, MAY CONSTITUTE A CRIME OR AN IMMEDIATE THREAT TO THE ELDER'S HEALTH
 OR SAFETY;
   (E)  MAINTAIN  RECORDS INCLUDING, BUT NOT LIMITED TO: ALL THE INFORMA-
 TION IN THE WRITTEN REPORT; A RECORD OF THE  FINAL  DISPOSITION  OF  THE
 REPORT;  INFORMATION  RECEIVED  FROM  THE  LOCAL SOCIAL SERVICES AGENCY,
 INCLUDING SERVICES OFFERED AND SERVICES ACCEPTED, THE NAMES AND  IDENTI-
 FYING  DATA, DATES AND CIRCUMSTANCES OF ANY PERSON REQUESTING OR RECEIV-
 ING INFORMATION FROM THE REGISTER; AND ANY OTHER INFORMATION  WHICH  THE
 COMMISSIONER  BELIEVES  MIGHT  BE  HELPFUL  IN  THE  FURTHERANCE  OF THE
 PURPOSES OF THIS ARTICLE; AND
   (F) MAINTAIN  THE  CONFIDENTIALITY  OF  REPORTS  WRITTEN,  INFORMATION
 OBTAINED, OR PHOTOGRAPHS TAKEN CONCERNING SUCH REPORTS IN THE POSSESSION
 OF  THE OFFICE OR LOCAL DEPARTMENTS, EXCEPT FOR LAW ENFORCEMENT AGENCIES
 AND OTHERS DEEMED BY THE COMMISSIONER OF  THE  OFFICE  OF  CHILDREN  AND
 FAMILY SERVICES TO HAVE A RELEVANT INTEREST IN THE MATERIALS GIVEN THEIR
 LEGAL OR OFFICIAL STATUS.
   §  473-O.  MANDATED  REPORTERS. 1. THE FOLLOWING PERSONS AND OFFICIALS
 ARE REQUIRED TO REPORT OR CAUSE A REPORT  TO  BE  MADE  TO  THE  CENTRAL
 REGISTRY UNDER SECTION FOUR HUNDRED SEVENTY-THREE-N OF THIS ARTICLE WHEN
 THEY  HAVE  REASONABLE  CAUSE  TO  SUSPECT THAT AN ELDERLY PERSON COMING
 BEFORE THEM IN THEIR PROFESSIONAL OR OFFICIAL CAPACITY IS AN  ABUSED  OR
 MALTREATED ELDER; OR WHEN THEY HAVE REASONABLE CAUSE TO SUSPECT THAT THE
 INDIVIDUAL  IS AN ABUSED OR MALTREATED ELDER WHEN THE SPOUSE, CAREGIVER,
 OR GUARDIAN OR OTHER PERSON LEGALLY  RESPONSIBLE  FOR  THE  ELDER  COMES
 BEFORE  THEM  IN THEIR PROFESSIONAL OR OFFICIAL CAPACITY AND STATES FROM
 PERSONAL KNOWLEDGE FACTS, CONDITIONS OR CIRCUMSTANCES WHICH, IF CORRECT,
 WOULD RENDER THE ELDER AN ABUSED OR MALTREATED ELDER:    ANY  PHYSICIAN;
 S. 4839                             3
 
 REGISTERED  PHYSICIAN  ASSISTANT; SURGEON; MEDICAL EXAMINER; PHARMACIST;
 CORONER; DENTIST; DENTAL HYGIENIST; OSTEOPATH;  OPTOMETRIST;  CHIROPRAC-
 TOR;  PODIATRIST;  RESIDENT;  INTERN;  PSYCHOLOGIST;  REGISTERED  NURSE;
 SOCIAL WORKER; EMERGENCY MEDICAL TECHNICIAN; MENTAL HEALTH PROFESSIONAL;
 LICENSED  MARRIAGE  AND FAMILY THERAPIST; LICENSED MENTAL HEALTH COUNSE-
 LOR; LICENSED PSYCHOANALYST; LICENSED BEHAVIOR ANALYST; HOSPITAL PERSON-
 NEL ENGAGED IN ADMISSION, EXAMINATION, CARE  OR  TREATMENT  OF  PERSONS;
 SUBSTANCE  ABUSE  COUNSELOR;  ALCOHOLISM  COUNSELOR; ALL PERSONS CREDEN-
 TIALED BY  THE  OFFICE  OF  ALCOHOLISM  AND  SUBSTANCE  ABUSE  SERVICES;
 LICENSED  MASTER  SOCIAL  WORKER;  LICENSED  CLINICAL SOCIAL WORKER; ANY
 ADMINISTRATOR, EMPLOYEE OR VOLUNTEER IN A NURSING  HOME  OR  RESIDENTIAL
 HEALTHCARE  FACILITY  THAT  IS  LICENSED,  CERTIFIED  OR OPERATED BY THE
 DEPARTMENT OF HEALTH; ANY EMPLOYEE OF A PERSONAL  CARE  OR  HOME  HEALTH
 AIDE  PROGRAM;  ANY  PERSON OR EMPLOYEE OF ANY CORPORATION, PARTNERSHIP,
 ORGANIZATION OR OTHER ENTITY WHICH IS UNDER CONTRACT TO PROVIDE  PATIENT
 CARE  SERVICES  IN  A RESIDENTIAL HEALTH CARE FACILITY; AN EMPLOYEE OF A
 COUNTY ADULT PROTECTIVE SERVICES AGENCY; POLICE OFFICER; DISTRICT ATTOR-
 NEY OR ASSISTANT DISTRICT ATTORNEY; PEACE OFFICER; INVESTIGATOR EMPLOYED
 IN THE OFFICE OF A DISTRICT ATTORNEY; OR OTHER LAW ENFORCEMENT OFFICIAL;
 AN ATTORNEY SO LONG AS IT DOES NOT VIOLATE THE NEW YORK STATE  RULES  OF
 PROFESSIONAL CONDUCT.
   2.  ANY  PERSON  WHO  IS  REQUIRED  TO INVESTIGATE REPORTS OF ABUSE OR
 MALTREATMENT AND WHO HAS REASONABLE CAUSE TO SUSPECT THAT A VICTIM  DIED
 AS A RESULT OF MALTREATMENT OR ABUSE SHALL IMMEDIATELY REPORT THE SUSPI-
 CION  TO  THE CENTRAL REGISTRY WHICH SHALL CONVEY THE REPORT THROUGH THE
 MOST EXPEDIENT MEANS AVAILABLE TO THE APPROPRIATE MEDICAL  EXAMINER  AND
 LAW  ENFORCEMENT  AUTHORITIES,  NOTWITHSTANDING THE EXISTENCE OF A DEATH
 CERTIFICATE SIGNED BY A PRACTICING PHYSICIAN. THE MEDICAL EXAMINER SHALL
 ACCEPT THE REPORT FOR INVESTIGATION AND SHALL REPORT THE FINDINGS OF THE
 INVESTIGATION, IN WRITING, TO THE APPROPRIATE LAW  ENFORCEMENT  AUTHORI-
 TIES.
   3. REPORTS OF SUSPECTED ELDER ABUSE SHALL BE MADE IMMEDIATELY BY TELE-
 PHONE  OR  BY TELEPHONE FACSIMILE ON A FORM SUPPLIED BY THE COMMISSIONER
 OF THE OFFICE OF CHILDREN AND FAMILY SERVICES TO THE  CENTRAL  REGISTRY.
 SUCH  TELEPHONE  REPORTS SHALL BE FOLLOWED BY A REPORT IN WRITING WITHIN
 TWENTY-FOUR HOURS AFTER SUCH ORAL REPORT.
   § 473-P. PENALTIES FOR FAILURE TO REPORT. ANY PERSON REQUIRED BY  THIS
 ARTICLE  TO  REPORT A CAUSE OF SUSPECTED ELDER ABUSE OR MALTREATMENT WHO
 WILLFULLY FAILS TO DO SO SHALL BE GUILTY OF A CLASS A  MISDEMEANOR.  ANY
 PERSON  REQUIRED  BY  THIS  ARTICLE  TO REPORT A CASE OF SUSPECTED ELDER
 ABUSE OR MALTREATMENT WHO KNOWINGLY AND WILLFULLY FAILS TO DO  SO  SHALL
 BE CIVILLY LIABLE FOR THE DAMAGES PROXIMATELY CAUSED BY SUCH FAILURE.
   § 473-Q. IMMUNITY FROM LIABILITY. ANY PERSON WHO IN GOOD FAITH MAKES A
 REPORT OF ALLEGATIONS OF ELDER ABUSE OR MALTREATMENT AS REQUIRED BY THIS
 TITLE,  INCLUDING  THOSE  WHO  IN  GOOD FAITH MAKE A REPORT TO THE WRONG
 RECIPIENT, SHALL HAVE IMMUNITY FROM CRIMINAL LIABILITY  WHICH  OTHERWISE
 RESULT  BY REASON OF SUCH ACTIONS. ANY PERSON WHO REASONABLY AND IN GOOD
 FAITH MAKES A REPORT OF ALLEGATIONS OF ELDER ABUSE  OR  MALTREATMENT  AS
 REQUIRED  BY  THIS TITLE, SHALL HAVE IMMUNITY FROM CIVIL LIABILITY WHICH
 MIGHT OTHERWISE RESULT BY REASON OF SUCH ACTIONS.
   § 2. The executive law is amended by adding a new article 29  to  read
 as follows:
                                ARTICLE 29
                    ELDER JUSTICE COORDINATING COUNCIL
 SECTION 830. ELDER JUSTICE COORDINATING COUNCIL.
 S. 4839                             4

   §  830. ELDER JUSTICE COORDINATING COUNCIL. 1. THE ELDER JUSTICE COOR-
 DINATING COUNCIL IS HEREBY CREATED WITHIN THE  EXECUTIVE  DEPARTMENT  TO
 FACILITATE  INTERAGENCY  PLANNING AND REVIEW SPECIFIC AGENCY INITIATIVES
 FOR THEIR IMPACT ON THE REPORTING AND INVESTIGATION OF ELDER  ABUSE  AND
 MALTREATMENT  IN  THE  STATE,  AND  TO  PROVIDE A FORUM FOR CONCERNS AND
 DISCUSSION RELATED TO THE FORMATION  OF  A  COMPREHENSIVE  STATE  POLICY
 RELATING  TO  ELDER  ABUSE  AND MALTREATMENT. THE COUNCIL SHALL HAVE AND
 EXERCISE THE FUNCTIONS, POWERS, AND DUTIES PROVIDED BY THIS ARTICLE  AND
 ANY OTHER PROVISION OF LAW.
   2.  THE  COUNCIL  SHALL BE COMPRISED OF TWENTY-ONE MEMBERS AS FOLLOWS:
 THE COMMISSIONER OF THE OFFICE OF  CHILDREN  AND  FAMILY  SERVICES,  THE
 DIRECTOR  OF  THE OFFICE FOR THE AGING, THE COMMISSIONER OF THE DIVISION
 OF CRIMINAL JUSTICE SERVICES, THE  COMMISSIONER  OF  THE  DEPARTMENT  OF
 HEALTH,  AND  THE  COMMISSIONER  OF  THE OFFICE OF ALCOHOL AND SUBSTANCE
 ABUSE SERVICES, AND A REPRESENTATIVE FROM THE  DEPARTMENT  OF  LAW,  WHO
 SHALL  SERVE  EX OFFICIO AND WHO MAY DESIGNATE REPRESENTATIVES TO ACT ON
 THEIR BEHALF. THE GOVERNOR SHALL APPOINT SEVEN OTHER MEMBERS WITH EXPER-
 TISE IN ELDER ABUSE AND MALTREATMENT ISSUES, AT LEAST TWO OF WHOM  SHALL
 REPRESENT  NOT-FOR-PROFIT  CORPORATIONS  WHOSE  PRIMARY  PURPOSE  IS  TO
 PROVIDE ACCESS TO  EXPERTS  FOR  THE  DEVELOPMENT  OF  ELDER  ABUSE  AND
 MALTREATMENT  SERVICES  AND  INTERVENTION,  AND AT LEAST TWO OF WHOM WHO
 SHALL REPRESENT LAW ENFORCEMENT AGENCIES  THAT  HAVE  EXPERTISE  IN  THE
 INVESTIGATION  AND  PROSECUTION  OF  ELDER  ABUSE OR MALTREATMENT. EIGHT
 MEMBERS SHALL BE APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF  THE
 LEGISLATIVE  LEADERS  AS  FOLLOWS: THE TEMPORARY PRESIDENT OF THE SENATE
 AND THE SPEAKER OF THE ASSEMBLY SHALL EACH RECOMMEND  THREE  MEMBERS  TO
 THE COUNCIL. ONE OF THE THREE MEMBERS RECOMMENDED BY THE TEMPORARY PRES-
 IDENT AND ONE OF THE THREE MEMBERS RECOMMENDED BY THE SPEAKER SHALL BE A
 FAMILY  MEMBER, CAREGIVER, OR ADVOCATE OF A PERSON WHO HAS SUFFERED FROM
 ELDER ABUSE OR MALTREATMENT. ONE MEMBER SHALL BE APPOINTED ON THE RECOM-
 MENDATION OF THE MINORITY LEADER OF THE SENATE AND ONE MEMBER  SHALL  BE
 APPOINTED  ON THE RECOMMENDATION OF THE MINORITY LEADER OF THE ASSEMBLY.
 THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES  AND  THE
 DIRECTOR  OF  THE  OFFICE  FOR  THE  AGING  SHALL  SERVE, EX OFFICIO, AS
 CO-CHAIRS OF THE COUNCIL. ADMINISTRATIVE DUTIES SHALL BE  THE  RESPONSI-
 BILITY  OF  THE  OFFICE.    THE  MEMBERS OF THE COUNCIL SHALL RECEIVE NO
 COMPENSATION FOR THEIR SERVICES.
   3. WITHIN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION THE  COUN-
 CIL  SHALL  ESTABLISH  COMMUNITY  FORUMS  TO  GAIN INPUT FROM CONSUMERS,
 PROVIDERS, KEY LAW ENFORCEMENT AGENCIES, MEDICAL PROFESSIONALS AND OTHER
 INTERESTED PARTIES TO PROVIDE INPUT AND DIRECTION ON  DEVELOPING  A  NEW
 YORK  STATE PLAN FOR THE IDENTIFICATION, INVESTIGATION, AND INTERVENTION
 INTO CASES OF ELDER ABUSE AND MALTREATMENT. A COMMUNITY FORUM  SHALL  BE
 ESTABLISHED  IN EACH OF THE FOLLOWING REGIONS OF THE STATE: LONG ISLAND,
 NEW YORK CITY, NORTHERN METROPOLITAN NEW YORK,  NORTHWESTERN  NEW  YORK,
 UTICA  AREA,  CENTRAL  NEW  YORK,  ROCHESTER AREA, AND WESTERN NEW YORK.
 SUCH STATE PLAN SHALL INCLUDE BUT NOT BE LIMITED TO RECOMMENDATIONS  FOR
 THE  IMPLEMENTATION OF A STATEWIDE CENTRAL REGISTRY FOR THE REPORTING OF
 SUSPECTED ELDER ABUSE AND MALTREATMENT, RECOMMENDATIONS FOR  THE  IMPLE-
 MENTATION  OF MANDATED REPORTING GUIDELINES ACROSS THE STATE, BEST PRAC-
 TICES IN IDENTIFYING ELDER ABUSE AND MALTREATMENT  SIGNS  AND  SYMPTOMS,
 THE  IDENTIFICATION  OF  BEST PRACTICES FOR LAW ENFORCEMENT OFFICIALS IN
 THE IDENTIFICATION, INVESTIGATION, AND PROSECUTION OF  THESE  CASES,  AN
 ACCOUNTING  OF  THE INCIDENCE OF THESE CASES STATEWIDE, IN ADDITION TO A
 COMMUNITY ASSESSMENT OF THE STRENGTHS AND GAPS IN  COMMUNITY  AND  STATE
 S. 4839                             5
 
 SUPPORT  SERVICES, IN ORDER TO COORDINATE SERVICES AMONG VARIOUS SYSTEMS
 AND AGENCIES, AND ANY OTHER RECOMMENDATIONS.
   4. THE COUNCIL SHALL MEET QUARTERLY OR MORE FREQUENTLY IF ITS BUSINESS
 SHALL  REQUIRE. THE COMMUNITY FORUMS IN THE FIRST YEAR OF IMPLEMENTATION
 COUNT AS A FORMAL MEETING OF THE COUNCIL.   THE MEMBERS OF  THE  COUNCIL
 SHALL  RECEIVE  NO  COMPENSATION  BUT SHALL BE REIMBURSED FOR TRAVEL AND
 OTHER EXPENSES ACTUALLY AND NECESSARILY INCURRED IN THE  PERFORMANCE  OF
 THEIR  DUTIES. THE COUNCIL SHALL PROVIDE REPORTS TO THE GOVERNOR AND THE
 LEGISLATURE ON OR BEFORE OCTOBER FIRST, TWO THOUSAND TWENTY-FOUR, AND BY
 OCTOBER FIRST OF EVERY OTHER YEAR THEREAFTER. SUCH REPORTS SHALL INCLUDE
 RECOMMENDATIONS FOR STATE POLICY RELATING TO ELDER ABUSE  AND  MALTREAT-
 MENT AND A REVIEW OF SERVICES INITIATED AND COORDINATED AMONG PUBLIC AND
 PRIVATE AGENCIES TO MEET THE NEEDS OF VICTIMS.
   5. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL SERVE AS THE FOCAL
 POINT  TO  DEVELOP  COMPREHENSIVE  COORDINATED  RESPONSES OF THE VARIOUS
 STATE AND LOCAL AGENCIES WITH REGARD TO ELDER ABUSE AND MALTREATMENT AND
 THUS TO ENSURE TIMELY AND APPROPRIATE RESPONSES TO REPORTS AND  INVESTI-
 GATIONS.
   6.  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES, IN CONSULTATION WITH
 THE COUNCIL, SHALL UTILIZE DATA AND INFORMATION COMPILED AND  MAINTAINED
 PURSUANT  TO THIS ARTICLE TO COORDINATE STATE FUNDED RESEARCH EFFORTS TO
 ENSURE THE MOST EFFICIENT USE OF FUNDS AVAILABLE  FOR  THE  PURPOSES  OF
 THIS ARTICLE.
   § 3. This act shall take effect October 1, 2023; provided that section
 one of this act shall take effect January 1, 2025.

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Senate Bill S4839

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Sponsored By

Jacob Ashby