What's happening
This bill creates a pilot program in up to six New York counties to establish specialized elder courts for elder abuse and related cases, with a report on effectiveness due in two years.
Why it matters
Specialized courts for elder abuse cases could improve outcomes. by assigning judges and staff trained in the unique dynamics and needs of elderly litigants, potentially leading to more sensitive, informed handling of these cases.
The pilot program encourages partnerships with local organizations and advocacy groups. , which may help courts better identify elder-specific service needs, coordinate support, and gather data to inform best practices.
The required report will include recommendations on court procedures, staff training, and potential statutory changes,. meaning the pilot could shape future statewide legal policies and practices for addressing elder abuse and related issues.
Existing integrated or specialty court programs can participate, and outside funding is permitted,. which could speed up implementation, leverage current resources, and attract additional support to enhance the effectiveness and scope of the initiative.
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Test Elder Abuse Courts
Plain English, a few words. Used as the page title.
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History
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Start Elder Court Pilot
In Assembly Committee · Judiciary · Sponsor Daniel O'Donnell
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8544
IN SENATE
May 9, 2018
Introduced by Sen. SERINO -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
AN ACT to amend the judiciary law, in relation to a pilot program to create an elder court
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The judiciary law is amended by adding a new article 5-C to read as follows:
ARTICLE 5-C
ELDER COURT PILOT PROGRAM
Section 178. Definition.
178-a. Elder court pilot program.
§ 178. Definition. For purposes of this article "elder court" shall refer to both of the following when they are simultaneously pending in the county: an elder abuse, domestic violence, or criminal case involving a caretaker commenced in a criminal court; and a case commenced in supreme or family court that involves a party or witness in the elder abuse, domestic violence or criminal case. The chief administrator of the courts shall promulgate through rules and regulations any other elder court eligible case.
§ 178-a. Elder court pilot program. 1. Within amounts appropriated, the chief administrator of the courts shall establish an elder court pilot program to operate in up to six counties in the state to study the effectiveness of senior-specific judicial programming in the state. Following consultation with and agreement of the presiding judge of the judicial department in which a county is located, the chief administrator, by administrative order, may establish an elder court pilot program in such county, make monies available for the operation of the elder court pilot program, and assign one or more judges or justices to preside therein. The chief administrator of the courts shall establish through rules and regulations each pilot court so as to ensure that cases pending before it are identified as elder court-eligible at the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15768-01-8
S. 8544 2
earliest possible time, and establish procedures for the transfer of eligible cases.
2. The chief administrator of the courts, and participating counties, may partner with local not-for-profit organizations, universities, municipalities, TRIAD teams, multi-disciplinary teams, or senior advocacy groups to track information, assess service needs, and collect information for the pilot program study. Upon completion of the pilot program, the chief administrator of the courts shall issue a report documenting the elder court pilot program initiatives and include recommendations for the establishment of statewide elder court operations. The report shall include, but not be limited to, recommendations regarding:
a. Judicial officer and court staff training regarding specific needs and issues that may arise in elder cases, including but not limited to, the development of elder-specific curriculum and technical assistance materials for judges and court staff;
b. The characteristics and needs of elderly litigants and their cases, including but not limited to adjustment of court hours, coordination with social services or not-for-profit entities, transportation concerns, and community support available during the course of the case and after;
c. Best practices for the establishment of elder courts including, but not limited to, consideration of administration policies, court practices, and litigant experiences; and
d. Policy and statutory changes that are generalized across programs and may assist in the prosecution of elder abuse cases.
3. Nothing in this section shall preclude the chief administrator of the courts from designating a preexisting program that qualifies as an elder court from participating in the pilot program. The chief administrator of the courts shall also, within his or her discretion, utilize preexisting integrated courts parts for operation of the elder court pilot program where compatible.
4. Nothing in this section shall preclude the chief administrator of the courts, or a state entity, from applying for qualifying federal monies or private funds to assist in the operation of the elder court pilot program.
5. The chief administrator of the courts shall submit the report to the governor, the temporary president of the senate and the speaker of the assembly within two years of the effective date of this section. The report shall also be distributed on the office of court administration public website.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the judiciary law, in relation to a pilot program to create an elder court
Purpose
To establish an elder court pilot program to study the effectiveness of senior-specific judicial programming.
Summary of provisions
Section 1: Instructs the chief administrator of the courts to establish an elder court pilot program in up to six counties in the state to deal with cases of elder abuse, domestic violence, or other criminal cases against the elderly. The chief administrator would be tasked with estab- lishing rules and regulations to ensure cases pending before each pilot court are identified as elder court-eligible and transfer procedures for eligible cases.
Read the full memo (684 words)
Various groups that deal with crimes against the elderly would be allowed to partner with the chief administrator and participating coun- ties to track and collect information, as well as assess service needs for the pilot study.
A report would be issued upon the completion of the study, and would include recommendations regarding training regarding specific needs and issues that may arise in elder cases, characteristics and needs of elderly litigants, best practices for the establishment of elder courts and policy and statutory changes that may assist in the prosecution of elder abuse cases.
Section 2: Provides the effective date.
Justification
Specialized courts have shown promising successes with respect to domes- tic violence and drug courts. For domestic violence courts in partic- ular, the assignment of a single judge to hear all of a family's cases has proven to be significant to the resolution of complex and interre- lated cases that can compromise the welfare of domestic violence victims and their children. In a similar vein to domestic violence, most elder abuse cases touch on family dynamics that present a host of concerns related to the physical, mental, and financial well-being of the senior and can impact their safety, and even mortality rates.
To date, elder abuse has been considered one of the most underreported crimes due to many complex factors, including but not limited to, the concerns a senior may have about reporting a family member, the diffi- cult personal acknowledgement that they may have been taken advantage of by those closest to them, and even long-term considerations of where and with whom they will live. In addition, the prosecution of elder abuse cases has also proven difficult given the administrative requirements for victims (including multiple hearings and filings as well as trans- portation concerns), the stress and pressure that accompanies liti- gation, as well as the lack of evidence in certain cases. In a similar vein to domestic violence, these types of cases require unique consider- ation and require contact across all parts of the judicial system including criminal court, family court, and even probate court.
As such, some localities in New York have begun instituting senior friendly court procedures and even elder abuse units within their District Attorney offices. These units have special training on how certain administrative processes may be eased for senior clients (earli- er hours or transportation services), intervention services for elder abuse victims, identification of all types of abuse including physical, sexual, emotional, and financial, as well as sensitivities to the unique needs of abuse victims. In other states, efforts have extended beyond elder abuse units to elder courts which have been shown to ease pres- sures on elder abuse victims and lead to more effective resolutions to elder abuse cases.
This legislation builds on these previous models to create an elder court pilot program through the Chief Administrator of the Court. In much the same way that the Integrated Domestic Violence Courts system has met the multi-faceted needs of its target population, we believe that elder courts have the potential to do the same for some of the most vulnerable adults in the state. This legislation will be the first step towards establishing elder courts and could be used in the future as a statewide model to help serve our rapidly aging population.
Legislative history
New bill.
Fiscal implications
Subject to appropriation.
Effective date
This act shall take effect immediately.
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