A00083 Summary:

BILL NOA00083A
 
SAME ASSAME AS S00852-A
 
SPONSORDinowitz
 
COSPNSRBarrett
 
MLTSPNSR
 
Amd §473, Soc Serv L
 
Requires the office of children and family services to track and report elder abuse and to issue a biennial report to the governor and legislature and office for the aging regarding the incidence of elder abuse in the state.
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A00083 Actions:

BILL NOA00083A
 
01/07/2015referred to aging
01/06/2016referred to aging
01/20/2016amend and recommit to aging
01/20/2016print number 83a
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A00083 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A83A
 
SPONSOR: Dinowitz (MS)
  TITLE OF BILL: An act to amend the social services law, in relation to the tracking and reporting of elder abuse; and providing for the repeal of such provisions upon the expiration thereof   PURPOSE OR GENERAL IDEA OF BILL: Authorizes the Office of Children and Family Services, in cooperation with the Office of the Aging, to track and report on the incidence of elder abuse.   SUMMARY OF SPECIFIC PROVISIONS: Section 1: Amends Social Services Law section 473 to: A) Authorize the Office of Children and Family Services (OCFS), in cooperation with the Office of the Aging, to collect data on elder abuse and neglect that may be occurring in New York from state and local agencies, such as the Division of Criminal Justice Services (DCJS), the Office of the Attorney General (OAG), the Office for the Prevention of Domestic violence, and the Department of Health to identify the incidence of elder abuse; B) Authorizes OCFS to begin to establish an inter-agency reporting system that contains a uniform set of standards to collect and analyze information on the incidence of elder abuse; and C) Requires the OCFS, in cooperation with the Office of the Aging, to prepare a report to outline it's recommendations for defining the term "elder abuse" in statute, the types of reporting requirements that should be instituted to prevent the incidence of elder abuse, the actual incidence of elder abuse in New York and those programs available to prevent elder abuse and provide services to such victims.   JUSTIFICATION: It has been said that a society's greatness is measured by the manner in which it treats its most vulnerable members. One of our most at-risk members of society are the elderly who need assistance to perform simple tasks such as moving around, eating, bathing, and conducting financial transactions. Thankfully, there are many members in our community who have devoted their lives to helping these semi-dependent to dependent senior citizens- nursing home workers, home health care aides, family members and friends. These caretakers provide an invaluable service to seniors-in-need and society-at-large. Further, these services are becom- ing more important as the elderly population grows. When dependent seniors become victims of physical or psychological abuse, or are neglected or taken advantage of financially by their care- takers, more than a trust has been broken; an abhorrent act has occurred that violates our society's sense of decency. Yet we have been slow to give elder abuse the attention that it rightfully deserves. While aware- ness of elder abuse has risen in recent years, there is much we can do in New York to gain a better understanding of the issue, increase prevention, and provide needed services to victims. Currently, there is no absolute definition of what constitutes "elder abuse" in New York statute nor sufficient statistics on the incidence of elder abuse in New York State, Public and private agencies and not-for- profit organizations that provide services to elder abuse victims do not always keep information to accurately track affected elderly persons. Other governmental entities possess data on abuse and neglect, but currently do not distinguish between elder abuse and those actions of abuse to others in the adult population. Across agencies, there is a lack of coordination and collaboration to determine the exact frequency of elder abuse in New York. At least 15,000 cases of elder abuse were reporting in 2007 to Adult Protective Services alone, the primary agency tracking elder abuse. Actual figures may be much higher, as the National Center on Elder Abuse estimates that for every reported case of elder abuse, another five may go unreported. This bill authorizes OCFS, which Adult Protective Services is part of, to establish a uniform set of standards to collect and analyze information for various state and local agencies. By identi- fying the extent of the problem, the State of New York can take an important first step towards ensuring that all of our seniors live their golden years in dignity and security.   PRIOR LEGISLATIVE HISTORY: 2013-14 - S.2323 - Passed Senate 2011-12 - S.1040-A, Referred to Aging, 2009-10 - S.5376 - Referred to Aging; Passed Senate 2009 and 2010   FISCAL IMPLICATIONS: Minimal.   EFFECTIVE DATE: This act shall take effect on the first of January next succeeding in the date on which it shall have become a law, and shall expire and be deemed repealed January 1, 2021.
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A00083 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          83--A
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 7, 2015
                                       ___________
 
        Introduced  by  M.  of A. DINOWITZ, BARRETT -- read once and referred to
          the Committee on Aging -- recommitted to the  Committee  on  Aging  in
          accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee

        AN ACT to amend the social services law, in relation to the tracking and
          reporting  of  elder  abuse;  and  providing  for  the  repeal of such
          provisions upon the expiration thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivisions  6,  7  and  8  of section 473 of the social
     2  services law are renumbered subdivisions 7, 8 and 9 and a  new  subdivi-
     3  sion 6 is added to read as follows:
     4    6.  (a)  The  office  of  children  and  family  services (hereinafter
     5  referred to in this section as the "office") shall, in cooperation  with
     6  the office for the aging, collect data on elder abuse possessed by state
     7  and  local agencies, including but not limited to the division of crimi-
     8  nal justice  services,  the  department  of  law,  the  office  for  the
     9  prevention  of  domestic  violence and the department of health, for the
    10  purpose of identifying the incidence of elder abuse among  the  elderly.
    11  The  office  shall  create  interagency reporting systems that contain a
    12  uniform set of standards to collect and analyze such data.  Furthermore,
    13  the  office, in consultation with the office for the aging, shall estab-
    14  lish a definition for elder abuse and the  minimum  age  of  an  elderly
    15  person,  that enables the office to accurately compare similar data from
    16  different state and local agencies.  For the purposes of  this  subdivi-
    17  sion, the office and the office for the aging, in establishing the defi-
    18  nition of elder abuse, may incorporate the types of physical, sexual and
    19  emotional  abuse, active and passive neglect, and financial exploitation
    20  defined in subdivision seven of this section.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01431-03-6

        A. 83--A                            2
 
     1    (b)  County  and  city  social  services  agencies,  adult  protective
     2  services  units  and  protective  services for adults units shall report
     3  incidences of elder abuse, as defined by the office, to  the  office  in
     4  the  format  specified by such office and including, but not limited to,
     5  the  number of referrals, investigations, substantiated cases, and demo-
     6  graphic information on victims and perpetrators.
     7    (c) The office shall, in cooperation with the office  for  the  aging,
     8  issue  a  report to the governor, the temporary president of the senate,
     9  the speaker of the assembly, the minority leader of the senate  and  the
    10  minority  leader  of  the  assembly,  on  or  before  March first in odd
    11  numbered years. Such report shall outline its recommendations for defin-
    12  ing the term "elder abuse" in statute, the types of  reporting  require-
    13  ments that should be instituted to prevent the incidence of elder abuse,
    14  and  the  programs  available  to  prevent  elder  abuse  and to provide
    15  services to victims of elder abuse.
    16    § 2. This act shall take effect on the first of January next  succeed-
    17  ing  the  date on which it shall have become a law, and shall expire and
    18  be deemed repealed January 1, 2021.
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