Creates best practices guidelines for provisions of adult protective services.
Ayes (60): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Absent (1): Sampson
Excused (2): Diaz, Peralta
TITLE OF BILL: An act to amend the social services law, in relation to adult protective services
PURPOSE OR GENERAL IDEA OF BILL: To establish standards of best practice for the provision of adult protective services.
SUMMARY OF SPECIFIC PROVISIONS: This bill would add a new paragraph 8 to section 473 of the social services law requiring OCFS to create and keep current best practice guidelines for the provision of adult protective services. The guidelines would include procedures for investigations, interviews, review of records and referrals for services. OCFS would distribute the guidelines to local social services districts and post them on the Office's website. The bill would be effective immediately
JUSTIFICATION: Adults with significant mental or developmental handicaps often face significant challenges in achieving self-sufficiency. Such adults may rely on caretakers, who are often family members, to meet basic needs and to handle personal finances. Sadly, such caretakers sometimes abuse or neglect the adults they have taken responsibility for. In such instances it is critical that immediate and appropriate action be taken to protect these vulnerable individuals.
Existing statute and regulations provide limited specificity in regards to the provision of adult protective services and practices vary throughout the State. Unlike child protective services, there are no best practice guidelines in place to serve as a resource to local social services districts. Such guidelines would create a consistent standard of practice to guide caseworkers in making crucial determinations, and to prevent situations that may jeopardize the health and well being of an adult in need of protection. This bill would require OCFS to create such best practice guidelines and distribute them for use to each local social services district.
PRIOR LEGISLATIVE HISTORY: This is a new bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 5324--A 2013-2014 Regular Sessions IN SENATE May 16, 2013 ___________Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when printed to be committed to the Committee on Social Services -- commit- tee discharged, bill amended, ordered reprinted as amended and recom- mitted to said committee AN ACT to amend the social services law, in relation to adult protective services THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 473 of the social services law is amended by adding a new subdivision 8 to read as follows: 8. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL CREATE AND KEEP CURRENT BEST PRACTICE GUIDELINES FOR THE PROVISION OF ADULT PROTECTIVE SERVICES PURSUANT TO THIS ARTICLE. SUCH GUIDELINES SHALL BE DISTRIBUTED FOR USE TO LOCAL SOCIAL SERVICES DISTRICTS, AND POSTED ON SUCH OFFICE'S WEBSITE, AND SHALL INCLUDE, BUT NOT BE LIMITED TO, THE PROCEDURES FOR: (A) REVIEWING ANY PREVIOUS CHILD OR ADULT PROTECTIVE INVOLVEMENT; (B) ASSESSING AND IDENTIFYING ABUSE AND NEGLECT OF PERSONS BELIEVED TO BE IN NEED OF PROTECTIVE SERVICES; (C) INTERVIEWING PERSONS BELIEVED TO BE IN NEED OF PROTECTIVE SERVICES AND THEIR CARETAKERS; (D) REVIEWING WHEN IT IS APPROPRIATE TO SEEK A WARRANT TO GAIN ACCESS TO PERSONS BELIEVED TO BE IN NEED OF PROTECTIVE SERVICES; (E) IDENTIFYING AND MAKING REFERRALS FOR APPROPRIATE SERVICES; AND (F) COMMUNICATING THE RIGHTS OF PERSONS BELIEVED TO BE ELIGIBLE FOR PROTECTIVE SERVICES. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11072-03-3