Relates to creating the multi-disciplinary team demonstration program for complex cases of adult abuse, neglect, or financial exploitation

Beyond the usefulness of MDTs, it is often recommended to include language providing for the establishment of the MDT to provide input in any specifics not contained in the statue. This inclusion ensures that the involved professions have a chance to be heard before a program is implemented in a way which might adversely affect the members of such professions or the individuals served by the professions.

Section 2. Section 501-I is added to amend executive law to read as follows:

501-i. MDT program. The office of children and family services is authorized to establish a MDT program to establish multi-disciplinary teams at the county level for cases of adult abuse, neglect, or financial exploitation. It will be comprised of professionals across disciplines that provide professional knowledge and expertise of their respective disciplines as well as a full-time MDT coordinator for each demonstration location. The team coordinator will provide case consultation, facilitate MDT meetings, monitor progress, and facilitate coordination and cooperative action in the provision of appropriate services to an individual identified as being a victim of abuse, neglect, or financial exploitation. A secure database use by the MDT coordinator for intake, tracking and outcomes of such cases will be established and used as part of the demonstration program.

Section 3. Takes effect immediately.

Justification

One in nine seniors reported being abused, neglected or exploited in the past twelve months. The rate of financial exploitation is extremely high, with 1 in 20 older adults indicating some form of perceived financial mistreatment occurring in the recent past. Elder abuse is vastly under-reported with only one in 44 cases of financial abuse is ever reported. This leads to abused seniors being three times more likely to die and elder abuse victims four times more likely to go into a nursing home. 90% of abusers are family members or trusted others. Cognitive impairment and the need for help with activities of daily living make victims more vulnerable to financial abuse.

The devastating effects of financial exploitation on a vulnerable adult:

o Loss of trust in others o Loss of security o Depression o Feelings of fear, shame, guilt, anger, self-doubt, remorse, worthlessness o Financial destitution o Inability to replace lost assets through employment o Inability to hire attorney to pursue legal protections and remedies o Becoming reliant on government 'safety net' programs o Inability to provide long term care needs o Loss of primary residence

Acting pursuant to the "Older Americans Act," the New York State Legislature has created and adopted many laws affecting 'social, educational, financial and support service programs for seniors. However, unlike several states, New York has failed to enact specific penal statutes to aid in the prosecution of those who financially victimize vulnerable senior citizens and persons with a disability. As New York's senior citizen population has increased, there has also been a marked increase in the reported incidents of financial abuse of our aging population. The types.of offenses range from theft of funds from checking accounts to real estate and investment fraud. There is a tendency for the offender to be an individual with a close relationship to the victim, especially a family member, caretaker, or friend. The elderly individual or person with a disability is particularly vulnerable to their offenders since they rely upon them for the requirements of their daily living.

Today a majority of states have criminal statutes to specifically address financial abuse of elderly or disabled persons. Prosecutors in New York have found that current larceny statutes are not an adequate means to prosecute this increasing criminal conduct.

Prior legislative history

No prior legislative history.

Fiscal implications for state and local government

None

Effective date

Immediately