Establishes the institutional abuse and neglect intervention committee for vulnerable persons

BILL NUMBER:S6666

Title of bill

An act to amend the mental hygiene law, in relation to establishing the institutional abuse and neglect intervention committee for vulnerable persons

Purpose

Establishes the institutional abuse and neglect intervention committee for vulnerable persons

Summary of provisions

Section 1. Amends the mental hygiene law to add a new section 45.23 to establish an institutional abuse and neglect intervention committee for vulnerable persons. The committee is to be composed of commissioners of relevant agencies, representatives of state and regional provider organizations, mental health professionals, and family representatives. The Governor shall appoint the members of the committee. The committee shall identify the most effective means for reporting institutional neglect to vulnerable persons including, but not limited to, examining the need for uniform and coordinated definitions and standards regarding abuse, maltreatment, and neglect, outlining an immediate law enforcement notification protocol for serious crimes, and examining the use of a twenty-four hour hotline to receive and maintaining abuse allegations for facilities providing care to this population. The committee shall also establish recommendations for, among other things, reporting substantiated cases between agencies and investigating substantiated reports.

Section 2. The committee is permitted to develop additional recommendations as it deems appropriate. The recommendations shall be included in a report submitted to the Legislature no later than April 1, 2013.

Section 3. This act shall take effect on the one hundred twentieth day after it shall have become a law.

Justification

Few would dispute that the developmentally disabled, the elderly, and vulnerable persons are among the most at risk and defenseless populations in our communities. A variety of issues are raised in the context of providing a system which affords appropriate protection and security for these populations.

For example, there exists a 24-hour hotline for the reporting of abuse and neglect allegations of children. Yet, such a reporting system for the developmentally disabled, the elderly, or vulnerable persons does not exist. Few would argue, however, that these populations are not also at-risk and defenseless within our communities. To that end, we should ensure that all necessary and appropriate avenues of reporting

and investigation are available and accessible and that a comprehensive system be put in place.

An important step in this process is a thorough evaluation of the current infrastructure of reporting and investigation applicable to cases of abuse and neglect of vulnerable populations, as well as any discrepancies in legal definitions of abuse and neglect, law enforcement responsiveness, and training of staff. The Institutional Abuse and Neglect Intervention Committee for Vulnerable Persons will examine these issues, as well as other pertinent concerns related to abuse and neglect reporting for vulnerable persons, and will be responsible for submitting recommendations and proposals to the Legislature and the Governor.

Legislative history

New bill.

Fiscal implications

None.

Local fiscal implications

None.

Effective date

This act shall take effect on the one hundred twentieth day after it shall have become a law.