Relates to creating a hotline for the reporting of various forms of abuse which may jeopardize the health or welfare of any person

Section 2 of the bill amends section 473 of the social services law to provide for the establishment of an interagency clearinghouse to receive reports of cases involving physical abuse, sexual abuse, emotional abuse, active, passive or self neglect, or financial exploitation as they are defined in subdivision six of the section. The clearinghouse will be responsible for maintaining a database to receive reportable incidents on a twenty-four hour per day, seven days a week basis through a statewide, toll-free telephone number. The clearinghouse will be responsible for forwarding allegations to appropriate state agencies or local services offices. The clearinghouse shall be responsible for maintaining records that document the initial complaints, referral procedures, and documentation submitted by local entities indicating official findings, measures taken, and the official disposition of the case.

Section 3 of the bill establishes the effective date.

Justification

It has been noted that elders who experience abuse, even moderate in severity, have a three hundred percent higher risk of death when compared to those who have not been abused. A recent survey by the U.S. Government Accountability Office found that nationally, APS programs would benefit from more "easily accessible" and "centrally available" information on effective services for elder abuse cases.

While many believe that the resources available to Adult Protective Services are akin to those provided to Child Protective Services, there are actually significant disparities between the funding available for each, as well as their respective mandated reporting requirements. While both systems are responsible for reporting, investigating, and intervening in reported cases of the abuse of a vulnerable person, Adult Protective Services unfortunately has less opportunities for funding from federal and state resources, and must deal with drastic understaffing and constrained resources to protect an increasing aging population. As a confounding factor, New York is one of four states that currently does not require reporting when someone suspects adult abuse. As a result, there are systematic problems of cases of abuse going unreported. In fact, a recent study of elder abuse prevalence in New York found that there was a significant discrepancy between the rate of elder abuse events reported by New Yorkers and the number of cases referred to service agencies, amounting to an incidence rate calculated at nearly twenty-four times greater than that of the number of referred cases.

Absent a large overhaul of our current system of reporting and investigating elder abuse cases across the state, we must begin to take steps to ensure that there are systematic improvements made to guarantee that we are responding to the needs of the growing aging population of our state and supporting the local entities that have served at the front lines of investigation and intervention. Currently, reports of suspected elder abuse can be received through a hybrid of offices including local and state hotlines and offices. On the state level, Adult Protective Services receives complaints through a hotline established through the Office of Children and Family Services. This legislation will establish a streamlined reporting system by enhancing the already established hotline with requirements that it be staffed on a twenty-four hour, seven days a week, basis and that the hotline serve as a clearinghouse for all complaints received in order to increase efficiency and coordinate across agencies and service lines. The clearinghouse will provide an administrative tracking function from the initial complaint to reporting by local entities of the final disposition of the case, ensuring that all suspected cases of abuse and maltreatment are addressed in a responsible and timely manner.

Given the increasing elderly population of our state, it is time that we signal to the public that these cases are a serious problem that will be combatted with all of the tools available to the state.

Prior legislative history

New bill.

Fiscal implications for state and local governments

Subject to appropriation

Effective date

This act shall take effect 90 days after enactment.