What's happening
This bill creates a statewide, 24/7 hotline for reporting elder abuse and requires public education on its availability.
Why it matters
Anonymous access across New York. People reporting suspected abuse anywhere in the state could call without identifying themselves. The number would be toll-free.
Immediate referrals, not just intake. The bill would require immediate oral and electronic notice to appropriate state agencies or local social services offices. Allegations suggesting a crime or immediate danger would also go to law enforcement or a district attorney and, where necessary, emergency responders.
Funding-dependent expansion. The bill would add a hotline duty for the Office of Children and Family Services within appropriated funding and add hotline information to the existing elder-abuse education campaign. It would take effect 120 days after becoming law.
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Who cares
Office of Children and Family Services
The agency would establish the hotline within appropriated funding and could issue rules governing its operation and referrals.
Local social services offices
They would receive immediate referrals of allegations that could reasonably constitute reportable incidents.
Law enforcement, district attorneys and emergency responders
They would receive expedited information about allegations involving possible crimes or immediate threats, with emergency responders notified as necessary.
Older adults and people reporting suspected elder abuse
Anonymous, toll-free reporting and information in the existing education campaign would provide another route to seek help.
Headline styles
Create State Abuse Hotline
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to aging
- Referred to aging
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.
Create State Abuse Hotline
In Assembly Committee · Children And Families · Sponsor Harry B. Bronson
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1418
2019-2020 Regular Sessions
IN SENATE
January 14, 2019
Introduced by Sen. SERINO -- read twice and ordered printed, and when printed to be committed to the Committee on Aging
AN ACT to amend the social services law and the elder law, in relation to providing protective services to certain individuals
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 473 of the social services law is amended by adding a new subdivision 9 to read as follows:
9. (a) Within amounts appropriated therefor, the office of children and family services shall establish a statewide, toll-free telephone number (a "hotline") to receive reports consistent with subdivision one of this section. The hotline shall receive reports of allegations of reportable incidents twenty-four hours per day, seven days a week. The hotline shall accept anonymous calls.
(b) When any allegation that could reasonably constitute a reportable incident is received by the hotline, the hotline shall accept and immediately transmit notice of the report orally and electronically to any appropriate state agencies or local social services office. Whenever a telephone call or electronic transmission to the hotline alleges an act or circumstances that may constitute a criminal offense or an immediate threat to an individual's health, safety or welfare, the hotline shall convey, by the most expedient means available, the information contained in such call or transmission to the appropriate law enforcement agency or district attorney and, to the extent necessary, the appropriate emergency responder, and the relevant state agency or local social services office.
(c) The commissioner is authorized to promulgate rules and regulations to facilitate the implementation and operation of the hotline, including but not limited to, procedures for timely and accurate referrals to other state agencies or entities that may have investigative or oversight authority regarding reported incidents.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07307-01-9
S. 1418 2
§ 2. Subdivision 16 of section 202 of the elder law, as added by chapter 455 of the laws of 2016, is amended to read as follows:
16. to the extent appropriations are available, and in consultation with the office of children and family services, conduct a public education campaign that emphasizes zero-tolerance for elder abuse. Such campaign shall include information about the signs and symptoms of elder abuse, identification of potential causes of elder abuse, resources available to assist in the prevention of elder abuse, where suspected elder abuse can be reported, including, but not limited to, information regarding the statewide hotline as provided for in paragraph (a) of subdivision nine of section four hundred seventy-three of the social services law, contact information for programs offering services to victims of elder abuse such as counseling, and assistance with arranging personal care and shelter. Such campaign may include, but not be limited to: printed educational and informational materials; audio, video, electronic, other media; and public service announcements or advertisements.
§ 3. This act shall take effect on the one hundred twentieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the social services law and the elder law, in relation to providing protective services to certain individuals
Purpose
The legislation creates a hotline for the reporting of various forms of abuse which may jeopardize the health or welfare of vulnerable adults.
Summary of provisions
Section 1: Amends Section 473 of the social services law to add a new subdivision that establishes a statewide, toll-free hotline to receive reports of various forms of abuse regarding vulnerable adults. The hotline shall be operational twenty-four hours a day, seven days a week.
Read the full memo (628 words)
Section 2: Amends subdivision 16 of section 202 of the elder law to clarify that a public awareness campaign regarding elder abuse as estab- lished by Chapter 455 of the Laws of 2016 shall also include information regarding the statewide hotline.
Section 3: Establishes the effective date.
Justification
It has been noted that elders who experience abuse, even moderate in severity, have a 300% higher risk of death when compared to those who have not been abused. A recent survey by the U.S. Government Account- ability Office found that nationally, Adult Protective Services (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 APS are akin to those provided to Child Protective Services, there are actually significant disparities between the funding streams 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 compounding 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 24 times greater than that of the number of referred cases.
Absent a large overhaul of our current system of reporting and investi- gating 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 estab- lished through the Office of Children and Family Services. This legis- lation will enhance the already established hotline with requirements that it be staffed on a twenty-four hours, seven days a week, basis to ensure that reports are received in a timely and effective manner. Given the increasing elderly population of our state, as well as other vulner- able adults, it is time that we signal to the public that these cases are a serious problem that will be combatted with all the tools avail- able to the state on a continual basis.
Legislative history
2018: S.7557 Passed Senate 2017: S.2154-A Vetoed Memo 184 2016: S.6921 Reported and Committed to Finance
Fiscal implications
Subject to appropriation
Effective date
This act shall take effect on the one hundred twentieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.