Relates to mandatory reporting of allegations of physical or sexual abuse of a child or adult with mental or physical disabilities or death occurring in facilities

BILL NUMBER:S5248A

Title of bill

An act to amend the mental hygiene law, in relation to mandatory reporting of allegations of physical or sexual abuse of a child or adult with developmental, mental or physical disabilities and of death occurring in a suspicious, unusual, untimely or unexplained manner

Purpose or general idea of bill

The bill will require that all allegations of physical or sexual abuse of a child or adult with developmental, mental or physical disabilities that have been reported to any abuse hotline be forwarded on to the local law enforcement, as well as the local district attorney's office.

Summary of specific provisions

Section 1. The Mental Hygiene law is amended to include two new sections, section 16.38 and 16.39 which outlines the mandatory reporting of physical and sexual abuse of an adult or a child or of a death which occurs in a suspicious, unusual, untimely, or unexplained manner.

Justification

Reporting allegations of physical abuse of children and adults with developmental, mental or physical disabilities to law enforcement is only mandatory when the abuse is considered a crime. For this reason law enforcement is not celled in for every allegation of abuse, and in some cases, when they are called in, it is not in time. Abuse that does not qualify as a crime can still be emotionally and physically damaging for an individual. Also, people living with disabilities may be unable to effectively report the abuse they are receiving. It is important to include law enforcement when abuse is reported, so that they can work in conjunction with the Office of Children and Family Services, as well, as the Office of People with Developmental Disabilities, to guarantee that appropriate action are taken.

Unusual, suspicious, untimely, or unexplained deaths of persons with developmental, mental, or physical disability should also be reported to local law enforcement.

This bill will ensure that the proper parties are informed when abuse or unusual/suspicious death occurs so that the proper response and actions ran be taken on the behalf of the physically and mentally disabled.

Prior legislative history

2009/10 - A.11211 to Mental Health

Fiscal implications for state and local governments

Minimal.

Effective date

This act shall take effect on the ninetieth day after it shall become law.