Requires the office of children and family services to track and report 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 standard, to collect and analyze information on the incidence of elder abuse; and

C) Requires the OCPS, in cooperation with the Office of the Aging, to prepare a report to outline it's recommendation, 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 becoming 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 caretakers, 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 awareness 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 are 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 identifying 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

None.

FISCAL IMPLICATIONS:; Minimal

Effective date

This act shall take effect immediately and expire on January 1, 2015.