BILL NUMBER: S6479
SPONSOR: CLEARE
 
TITLE OF BILL:
An act to amend the social services law, in relation to elderly abuse
protective services; and making an appropriation therefor
 
PURPOSE OR GENERAL IDEA OF BILL:
Establishes a statewide system for and mandates the reporting of any
abuse, neglect, exploitation, or abandonment of an elderly person.
Requires an investigation by an appropriate department and, if
warranted, the forwarding of such investigative findings to the local
district attorney for criminal prosecution.
 
SUMMARY OF SPECIFIC PROVISIONS:
Amends Article 5 of the Social Services Law by adding a new Title 9.
This bill requires that any person with the responsibility of caring for
an elderly person or an elderly person's property, who has a reasonable
basis to believe that such elderly person is or has been abused,
neglected, exploited, or in need of protective services, must report
such information to either the Commissioner of the Office of Children
and Family Services, the Commissioner of the Office of Mental Health or
the Commissioner of OMRDD, depending on where the abuse took place; or
to the statewide central registry which is established by this legis-
lation. If such conduct is criminal in nature and not covered by one of
the above agencies, the report may be made to an appropriate law
enforcement agency.
This legislation further requires investigations of all such reports and
then to have the findings forwarded to the local district attorney if
criminal prosecution is warranted; imposes a $500 fine against any
person who is under a duty to report elderly abuse but fails to do so;
grants immunity from civil and criminal liability to any person who in
good faith makes a report pursuant to this law.
 
JUSTIFICATION:
A person responsible for the care of an elderly person or an elderly
person's property may have a reasonable basis for believing that such
elderly person is or has been abused; neglected, exploited or abandoned
yet fails to report such abuse because they are under no duty to do so.
As a result, the elderly person, may be unable to help himself or
herself or are unaware that they have been or are being abused,
neglected, exploited or abandoned, or that protective services are
available and that they need not continue to suffer.
This legislation will ensure that there is a mechanism for reporting
abuse and providing the necessary protective services as well as ending
the abusive relationship.
 
PRIOR LEGISLATIVE HISTORY:
A.11034 of 2000; A.6227 of 2001-02; A.4639 of 2003-04; A.6735 of 200506;
A.4384 of 2007-08; A.5680 of 2009-10; A.4453 of 2011-12 A.5590 OF 2014
A.3743 OF 2016 A.3781 of 2017-18 A.3665 of 2019-20
 
FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENT:
The bill carries a State appropriation of $600,000.
 
EFFECTIVE DATE:
120 days after enactment.