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A01505 Summary:

BILL NOA01505
 
SAME ASNo Same As
 
SPONSORCarroll
 
COSPNSRRivera J, Abbate, Colton
 
MLTSPNSRGalef, Peoples-Stokes
 
Add Art 5 Title 9 §§310 - 320, Soc Serv L
 
Enacts the "elderly abuse protective act" to protect residents 62 years of age or older who suffer abuse or deprivation; requires reports to the commissioner of the office of children and family services of the possible necessity for protective services; specifies action by such commissioner upon receiving such report including evaluation, right of entry, and furnishing of protective services; specifies the authority of the office of children and family services with respect thereto and requires assistance of other agencies in the implementation thereof; provides for judicial and review action against caretakers who abuse elderly; creates statewide central register of elderly abuse; appropriates $600,000 to the office of children and family services.
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A01505 Actions:

BILL NOA01505
 
01/11/2021referred to aging
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A01505 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1505
 
SPONSOR: Carroll
  TITLE OF BILL: An act to amend the social services law, in relation to elderly abuse protective services; and making an appropriation therefor   PURPOSE OR GENERAL IDEA OF BILL: Establishes a statewide system for and mandates the reporting of any abuse, neglect, exploitation, or abandonment of an elderly person. Requires an investigation by an appropriate department and, if warranted, the forwarding of such investigative findings to the local district attorney for criminal prosecution.   SUMMARY OF SPECIFIC PROVISIONS: Amends Article 5 of the Social Services Law by adding a new Title 9. This bill requires that any person with the responsibility of caring for an elderly person or an elderly person's property, who has a reasonable basis to believe that such elderly person is or has been abused, neglected, exploited, or in need of protective services, must report such information to either the Commissioner of the Office of Children and Family Services, the Commissioner of the Office of Mental Health or the Commissioner of OMRDD, depending on where the abuse took place; or to the statewide central registry which is established by this legis- lation. If such conduct is criminal in nature and not covered by one of the above agencies, the report may be made to an appropriate law enforcement agency. This legislation further requires investigations of all such reports and then to have the findings forwarded to the local district attorney if criminal prosecution is warranted; imposes a $500 fine against any person who is under a duty to report elderly abuse but fails to do so; grants immunity from civil and criminal liability to any person who in good faith makes a report pursuant to this law.   JUSTIFICATION: A person responsible for the care of an elderly person or an elderly person's property may have a reasonable basis for believing that such elderly person is or has been abused; neglected, exploited or abandoned yet fails to report such abuse because they are under no duty to do so. As a result, the elderly person, may be unable to help himself or herself or are unaware that they have been or are being abused, neglected, exploited or abandoned, or that protective services are available and that they need not continue to suffer. This legislation will ensure that there is a mechanism for reporting abuse and providing the necessary protective services as well as ending the abusive relationship.   PRIOR LEGISLATIVE HISTORY: A.11034 of 2000; A.6227 of 2001-02; A.4639 of 2003-04; A.6735 of 2005- 06; A.4384 of 2007-08; A.5680 of 2009-10; A.4453 of 2011-12 A.5590 OF 2014 A.3743 OF 2016 A.3781 of 2017-18 A.3665 of 2019-20   FISCAL IMPLICATIONS TO STATE AND LOCAL GOVERNMENT: The bill carries a State appropriation of $600,000.   EFFECTIVE DATE: 120 days after enactment.
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A01505 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1505
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 11, 2021
                                       ___________
 
        Introduced by M. of A. CARROLL, J. RIVERA, ABBATE, COLTON -- Multi-Spon-
          sored  by -- M.  of A. GALEF, PEOPLES-STOKES -- read once and referred
          to the Committee on Aging
 
        AN ACT to amend the social services law, in relation  to  elderly  abuse
          protective services; and making an appropriation therefor

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Article 5 of the social services law is amended by adding a
     2  new title 9 to read as follows:
     3                                   TITLE 9
     4                        ELDERLY ABUSE PROTECTIVE ACT
     5  Section 310. Declaration of purpose.
     6          311. Definitions.
     7          312. Reporting the possible necessity for protective services.
     8          313. Action on reports.
     9          314. Judicial review.
    10          315. Authority of office of children and family services.
    11          316. Assistance of other agencies.
    12          317. Review.
    13          318. Costs for providing protective services.
    14          319. Abuse of duties of caretaker.
    15          320. Statewide central register of elderly abuse.
    16    § 310. Declaration of purpose. The legislature declares that no elder-
    17  ly person in the state shall  be  subjected  to  abuse  or  deprivation.
    18  Towards that end the "elderly abuse protective act" is enacted.
    19    § 311. Definitions. For purposes of this title:
    20    1.  The  term  "elderly person" means any resident of the state who is
    21  sixty-two years of age or older.
    22    2. An elderly person shall be deemed to  be  "in  need  of  protective
    23  services"  if  such person is unable to perform or obtain services which
    24  are necessary to maintain physical and mental health.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05368-01-1

        A. 1505                             2
 
     1    3. The term "services which are necessary  to  maintain  physical  and
     2  mental health" includes, but is not limited to, the provision of medical
     3  care  for physical and mental health needs, the relocation of an elderly
     4  person to a facility or institution able to offer such care,  assistance
     5  in  personal  hygiene,  food, clothing, adequately heated and ventilated
     6  shelter, protection from health  and  safety  hazards,  protection  from
     7  maltreatment the result of which includes, but is not limited to, malnu-
     8  trition,  deprivation  of necessities or physical punishment, and trans-
     9  portation necessary to secure any of the above stated needs, except that
    10  this term shall not include taking  such  person  into  custody  without
    11  consent except as provided in this title.
    12    4. The term "protective services" means services provided by the state
    13  as  described  in  section  four  hundred seventy-three of this chapter,
    14  which are necessary to prevent abuse, neglect, exploitation or  abandon-
    15  ment.
    16    5. The term "abuse" includes but is not limited to any act or omission
    17  which  results  in  the  infliction  of  physical pain or injury, or the
    18  infliction of mental anguish that  requires  medical  attention  or  the
    19  deprivation  by  a caretaker of services which are necessary to maintain
    20  physical or mental health.
    21    6. The term "neglect" refers to an elderly person who is either living
    22  alone and not able to provide for oneself the services which are  neces-
    23  sary to maintain physical and mental health or is not receiving the said
    24  necessary services from the responsible caretaker.
    25    7.  The term "exploitation" means intentional economic exploitation of
    26  an elderly person by means of theft, fraud, coercion or extortion.
    27    8. The term "abandonment" refers to the desertion or wilful  forsaking
    28  of  an  elderly  person by a caretaker or the foregoing of duties or the
    29  withdrawal or neglect of duties and obligations owed an  elderly  person
    30  by a caretaker or other person.
    31    9.  The term "caretaker" means a person who has the responsibility for
    32  the care of an elderly person as a result of family relationship or  who
    33  has  assumed the responsibility for the care of the elderly voluntarily,
    34  by contract or by order of a court of competent jurisdiction.
    35    § 312. Reporting the possible necessity for protective services.    1.
    36  Any  licensed  physician or surgeon, any resident physician or intern in
    37  any hospital in this state, whether or not so licensed,  any  registered
    38  nurse, any adult care facility administrator, any person paid for caring
    39  for  a  resident in an adult care facility, any staff person employed by
    40  an adult care facility, any patient's advocate and any licensed  practi-
    41  cal nurse, medical examiner, dentist, osteopath, optometrist, chiroprac-
    42  tor, podiatrist, social worker, coroner, clergyman, peace officer, phar-
    43  macist  or  physical  therapist  or  any  attorney, accountant, trustee,
    44  guardian, conservator or other person who has responsibility for prepar-
    45  ing the tax records of an elderly person or a person who has a fiduciary
    46  responsibility for any other action concerning the use  or  preservation
    47  of  an  elderly  adult's property, who has a reasonable basis to believe
    48  that any elderly person has been abused, neglected, exploited  or  aban-
    49  doned,  or is in a condition which is the result of such abuse, neglect,
    50  exploitation or abandonment, or who is in need of  protective  services,
    51  or  any  attorney,  accountant,  trustee, guardian, conservator or other
    52  person who has responsibility for preparing the tax records of an elder-
    53  ly person or a person who has a fiduciary responsibility for  any  other
    54  action  concerning  the  use or retention of an elderly adult's property
    55  who has a reasonable basis to believe that an  elderly  adult  has  been

        A. 1505                             3
 
     1  exploited,  shall  within three calendar days report such information or
     2  cause a report to be made in the following manner:
     3    (a)  if  the abuse has occurred in a long-term care facility, except a
     4  state mental hospital or a state development center, the report shall be
     5  made to the commissioner of the office of children and family services;
     6    (b) if the suspected or alleged  abuse  occurred  in  a  state  mental
     7  health  hospital  or  a  state developmental center, the report shall be
     8  made to the office of mental health or the office for people with devel-
     9  opmental disabilities; or
    10    (c) if the abuse has occurred any place other than  one  described  in
    11  paragraph  (a)  or  (b) of this subdivision, the report shall be made to
    12  the statewide central register.
    13    Any person required to report under the provision of this section  who
    14  fails  to  make  such  report  may  be  fined not more than five hundred
    15  dollars.
    16    2. Such report shall contain the name  and  address  of  the  involved
    17  elderly  person,  information  regarding  the  nature  and extent of the
    18  abuse, neglect, exploitation or abandonment, and any  other  information
    19  which  the reporter believes might be helpful in an investigation of the
    20  case and the protection of such elderly person.
    21    3. Any other person having reasonable cause to believe that an elderly
    22  person is being, or has been abused, neglected, exploited  or  abandoned
    23  or  who is in need of protective services may report such information in
    24  any reasonable manner to the commissioner of the office of children  and
    25  family services or his or her designee.
    26    4.  Any  person  who  makes  any report pursuant to this title, or who
    27  testifies in any administrative or judicial proceeding arising from such
    28  report shall be immune from any civil or criminal liability  on  account
    29  of  such  report  or testimony, except for liability for perjury, unless
    30  such person was grossly negligent or acted in bad faith  or  with  mali-
    31  cious purpose.
    32    5. Any physician, surgeon, or psychotherapist shall not be required to
    33  file  a  report pursuant to this section if all the following conditions
    34  are met:
    35    (a) such physician, surgeon, or psychotherapist has been  told  by  an
    36  elder or dependent adult that he or she has experienced behavior consti-
    37  tuting  physical  abuse,  abandonment,  isolation,  financial  abuse, or
    38  neglect;
    39    (b) such physician, surgeon, or psychotherapist is not  aware  of  any
    40  independent  evidence  that  corroborates  the  statement that abuse has
    41  occurred;
    42    (c) the elder or dependent adult has  been  diagnosed  with  a  mental
    43  illness  or  dementia, or is the subject of a court ordered conservator-
    44  ship because of mental illness or dementia; and
    45    (d) in the exercise of clinical judgment, such physician, surgeon,  or
    46  psychotherapist reasonably believes that such abuse did not occur.
    47    6.  In  a  long-term  care facility, a person who otherwise would have
    48  been required to report abuse pursuant to this  section,  shall  not  be
    49  required to file a report if the following conditions are met:
    50    (a) such person is aware that there is a proper plan of care;
    51    (b)  such  person is aware that the plan of care was properly provided
    52  or executed;
    53    (c) a physical, mental, or medical injury occurred as a result of care
    54  provided pursuant to paragraph (a) or (b) of this subdivision; and
    55    (d) such person reasonably believes that the injury was not the result
    56  of abuse.

        A. 1505                             4
 
     1    7.(a) Any individual specified in subdivision one of this section  who
     2  has knowledge of, or reasonably suspects that, types of elder or depend-
     3  ent  adult  abuse for which reports are not mandated have been inflicted
     4  upon an elder or dependent adult or that his or her emotional well-being
     5  is  endangered  in  any  other  way,  may  report the known or suspected
     6  instance of abuse.
     7    (b) If the suspected or alleged abuse occurred  in  a  long-term  care
     8  facility  other  than a state mental health hospital or a state develop-
     9  mental center, the report may be made to the commissioner of the  office
    10  of children and family services.
    11    (c)  If  the  suspected  or  alleged  abuse occurred in a state mental
    12  health hospital or a state developmental center, the report may be  made
    13  to  the  office  of mental health or the office for people with develop-
    14  mental disabilities.
    15    (d) If the suspected or alleged abuse occurred in a place other than a
    16  place described in paragraph (b) or (c) of this subdivision, the  report
    17  may be made to the statewide central register.
    18    8.  If  the conduct involves criminal activity not covered in subdivi-
    19  sion five or six of this section, it may be immediately reported to  the
    20  appropriate law enforcement agency.
    21    9.  When  two or more individuals specified in subdivision one of this
    22  section are present and jointly have  knowledge  or  reasonably  suspect
    23  that  types of abuse of an elder or a dependent adult for which a report
    24  is or is not mandated have occurred, and when there is  agreement  among
    25  them,  the telephone report may be made by a member of the team selected
    26  by mutual agreement, and a single report may be made and signed  by  the
    27  selected member of the reporting team. Any member who has knowledge that
    28  the  member  designated  to  report has failed to do so shall thereafter
    29  make the report.
    30    10. A telephone report of a known or suspected instance  of  elder  or
    31  dependent  adult  abuse  shall include the name of the person making the
    32  report, the name and age of the elder or dependent  adult,  the  present
    33  location  of  the  elder  or dependent adult, the names and addresses of
    34  family members or any other person responsible for the elder or  depend-
    35  ent  adult's  care,  if  known,  the  nature  and extent of the elder or
    36  dependent adult's condition, the date of the  incident,  and  any  other
    37  information, including information that led that person to suspect elder
    38  or dependent adult abuse, requested by the agency receiving the report.
    39    §  313.  Action on reports. 1. The commissioner of the office of chil-
    40  dren and family services upon receiving a report that an elderly  person
    41  allegedly  is  being, or has been, abused, neglected, exploited or aban-
    42  doned, or is in need of protective services shall  cause  a  prompt  and
    43  thorough  evaluation to be made, through the appropriate local or county
    44  department of social services to determine the situation relative to the
    45  condition of the elderly person and what action and  services,  if  any,
    46  are  required. The evaluation shall include a visit to the named elderly
    47  person and consultation with those individuals having knowledge  of  the
    48  facts of the particular case.
    49    2.  Upon  probable cause to believe that an individual covered by this
    50  title is being abused, maltreated or neglected, a representative of  the
    51  local  or  county  department  of  social services, accompanied by a law
    52  enforcement officer, may enter a premises, after obtaining a court order
    53  and announcing their authority and purpose.
    54    3. Upon completion of the evaluation of each  case,  written  findings
    55  shall  be prepared which shall include recommended action and a determi-
    56  nation of whether protective services are needed.

        A. 1505                             5
 
     1    4. Each local or county department of social services shall maintain a
     2  registry of the reports received, the evaluation and  findings  and  the
     3  actions recommended, and shall furnish copies of such data to the office
     4  of children and family services for a statewide register.
     5    5.  Neither the original report nor the evaluation report of the local
     6  or county department of social services shall be deemed a public record.
     7  The name of  the  person  making  the  original  report  or  any  person
     8  mentioned in such report shall not be disclosed unless the person making
     9  the  original  report  specifically requests such disclosure or unless a
    10  judicial proceeding results therefrom.
    11    § 314. Judicial review. 1. If it is determined that an elderly  person
    12  is  in  need  of  protective services, the local or county department of
    13  social services   shall furnish the  necessary  services,  provided  the
    14  elderly person consents.
    15    2.  If an elderly person does not consent to the receipt of reasonable
    16  and necessary protective services,  or  if  such  person  withdraws  the
    17  consent,  such  services shall not be provided or continued, except that
    18  if the commissioner of the office of children and  family  services  has
    19  reason  to  believe  that such elderly person is at risk of serious harm
    20  and lacks capacity to consent, he or she may proceed to petition for  an
    21  order for short-term involuntary protective services pursuant to section
    22  four hundred seventy-three-a of this chapter.
    23    3.  If  the  caretaker  of  an elderly person who has consented to the
    24  receipt of reasonable and necessary protective services refuses to allow
    25  the provision of such services to such elderly person, the  commissioner
    26  of  the  office of children and family services may petition the supreme
    27  court or the surrogate's court for an order enjoining the caretaker from
    28  interfering with the provision of protective  services  to  the  elderly
    29  person. The petition shall allege specific facts sufficient to show that
    30  the  elderly  person  is  in need of protective services and consents to
    31  their provision and that the caretaker refuses to allow the provision of
    32  such services. If the judge finds that the elderly person is in need  of
    33  such services and has been prevented by the caretaker from receiving the
    34  same,  the  judge may issue an order enjoining the caretaker from inter-
    35  fering with the provision of protective services to the elderly person.
    36    § 315. Authority of office of children and family services.  1.  Every
    37  person,  department,  agency  or  commission authorized to carry out the
    38  duties enumerated in this  title  shall  have  access  to  all  relevant
    39  records, except that records which are confidential to an elderly person
    40  shall  only  be disclosed with the written consent of the elderly person
    41  or his or her representative. The authority of the  office  of  children
    42  and  family  services under this title shall include, but not be limited
    43  to, the right to initiate or otherwise take those actions  necessary  to
    44  assure  the health, safety and welfare of any elderly person, subject to
    45  any specific requirement  for  individual  consent,  and  the  right  to
    46  authorize the transfer of an elderly person from an adult care facility,
    47  intermediate  or  residential  health  care  facility,  nursing home, or
    48  hospital.
    49    2. The office of children and family  services,  within  ten  calendar
    50  days  of  the  referral  of  any  cases  for the provision of protective
    51  services, shall  furnish  the  local  or  county  department  of  social
    52  services  a  written report outlining the intended plan of services. The
    53  local or county department of social services shall have  the  right  to
    54  comment on the proposed plan.
    55    §  316.  Assistance  of  other  agencies. In performing the duties set
    56  forth in this title, the local or county department of  social  services

        A. 1505                             6
 
     1  may  request the assistance of the staffs and resources of all appropri-
     2  ate state departments, agencies and commissions and local health  direc-
     3  tors.
     4    §  317.  Review.  Subsequent to the authorization for the provision of
     5  reasonable and necessary protective services, the office of children and
     6  family services shall initiate a review of each case  within  forty-five
     7  days,  to  determine  whether  continuation  of, or modification in, the
     8  services provided is warranted. A decision to continue the provision  of
     9  such  services should be made in concert with appropriate personnel from
    10  other involved state and local groups,  agencies  and  departments,  and
    11  shall comply with the consent provisions of this title. Reevaluations of
    12  each such case shall be made every ninety days thereafter. The office of
    13  children and family services shall advise the appropriate local or coun-
    14  ty  department of social services of the decisions relative to continua-
    15  tion of protective services for each such elderly person.
    16    § 318. Costs for providing protective services. Prior  to  implementa-
    17  tion  of  any  protective services, an evaluation shall be undertaken by
    18  the office of children and family services pursuant to regulations which
    19  shall be adopted by the commissioner of the office of children and fami-
    20  ly services regarding the  elderly  person's  financial  capability  for
    21  paying for the protective services. If the person is so able, procedures
    22  for  the  reimbursement for the costs of providing the needed protective
    23  services should be initiated. If it is determined that the person is not
    24  financially capable of paying for such  needed  services,  the  services
    25  shall be provided in accordance with policies and procedures established
    26  by  the  commissioner  of the office of children and family services for
    27  the provision of social services benefits under such circumstances.
    28    § 319. Abuse of duties of caretaker. If as a result  of  any  investi-
    29  gation  initiated under the provisions of this title, a determination is
    30  made that a caretaker or other person has abused,  neglected,  exploited
    31  or  abandoned  an  elderly person, such information shall be referred in
    32  writing to the attorney general or his or her designee, and the district
    33  attorney in the county in which  the  abuse,  neglect,  exploitation  or
    34  abandonment  is  believed  to  have  occurred  which  shall conduct such
    35  further investigation, if any is deemed necessary  and  shall  determine
    36  whether  criminal proceedings should be initiated against such caretaker
    37  or other person, in accordance with applicable state law.
    38    § 320. Statewide central register of elderly abuse. 1.  There shall be
    39  established in the office of children and family  services  a  statewide
    40  central register of elderly abuse reports made pursuant to this title.
    41    2.  The  central register shall be capable of receiving oral and elec-
    42  tronic reports of elderly abuse, neglect,  exploitation  or  abandonment
    43  and  of immediately identifying prior reports of elderly abuse, neglect,
    44  exploitation or abandonment and capable of monitoring the  provision  of
    45  elderly  protective services twenty-four hours a day, seven days a week.
    46  To effectuate this purpose, but subject to the provisions of the  appro-
    47  priate  local  plan  for  the  provision of elderly protective services,
    48  there shall be a single statewide telephone  number  that  all  persons,
    49  whether  mandated  by  law  or not, may use to report cases of suspected
    50  elderly abuse, neglect, exploitation or abandonment and that all persons
    51  so authorized by this title may use for  determining  the  existence  of
    52  prior reports in order to evaluate the condition or circumstances of the
    53  elderly  person  before  them.    Such oral reports shall be immediately
    54  transmitted orally or electronically by the office of children and fami-
    55  ly services to the appropriate local elderly protective service. If  the
    56  records  indicate  a previous report concerning a subject of the report,

        A. 1505                             7
 
     1  other persons named in the report or other  pertinent  information,  the
     2  appropriate  local elderly protective service shall be immediately noti-
     3  fied of the fact.
     4    3.  The  central  register  shall  include  but  not be limited to the
     5  following information: all the information  in  the  written  report;  a
     6  record  of  the  final  disposition  of  the  report, including services
     7  offered and services accepted; the plan  for  rehabilitative  treatment;
     8  the  names  and  identifying data, dates and circumstances of any person
     9  requesting or receiving information from the  register;  and  any  other
    10  information  which the commissioner of the office of children and family
    11  services believes might be helpful in the furtherance of the purposes of
    12  this chapter.
    13    4. Reports made pursuant to this title as well as any  other  informa-
    14  tion  obtained,  reports  written  or  photographs taken concerning such
    15  reports in the possession of the office of children and family  services
    16  or local departments shall be confidential and shall only be made avail-
    17  able to (a) a physician who has before him or her an elderly person whom
    18  he  or  she  reasonably  suspects may be abused, neglected, exploited or
    19  abandoned; (b) a person authorized to place an elderly person in protec-
    20  tive custody when such person has before him or her  an  elderly  person
    21  whom  he  or she reasonably suspects may be abused, neglected, exploited
    22  or abandoned and such person requires the information in the  record  to
    23  determine whether to place the elderly person in protective custody; (c)
    24  a  duly  authorized  agency  having  the  responsibility for the care or
    25  supervision of an elderly person who is reported to the central register
    26  of elderly abuse; (d) any person who is the subject  of  the  report  or
    27  other  persons named in the report; (e) a court, upon a finding that the
    28  information in the record is necessary for the determination of an issue
    29  before the court; (f) a grand jury, upon a finding that the  information
    30  in  the  record is necessary for the determination of charges before the
    31  grand jury; (g) any appropriate state legislative committee  responsible
    32  for  elderly  protective  legislation and any temporary state commission
    33  having the powers of a legislative committee and  having  the  power  to
    34  review such legislation and make recommendations thereon to the governor
    35  and legislature; (h) any person engaged in a bona fide research purpose,
    36  provided,  however,  that no information identifying the subjects of the
    37  report or other persons named in the report shall be made  available  to
    38  the researcher unless it is absolutely essential to the research purpose
    39  and the office of children and family services gives prior approval; (i)
    40  authorized  agencies and the office for the aging.  However, no informa-
    41  tion may be  released  unless  the  person  or  official's  identity  is
    42  confirmed  by the department and the released information states whether
    43  the report is "indicated" or "under investigation," whichever  the  case
    44  may  be. A person given access to the names or other information identi-
    45  fying the subjects of the report or other persons named in  the  report,
    46  except  the  subject of the report or other persons named in the report,
    47  shall not divulge or make public such identifying information unless  he
    48  or  she is a district attorney or other law enforcement official and the
    49  purpose is to initiate court action.
    50    5. Unless an investigation of a  report  conducted  pursuant  to  this
    51  title  determines  that  there  is some credible evidence of the alleged
    52  abuse, neglect, exploitation or abandonment, all information identifying
    53  the subjects of the report and other persons named in the  report  shall
    54  be  expunged from the central register and from the records of all local
    55  elderly protective services forthwith.

        A. 1505                             8
 
     1    6. In all other cases, the record of the report to the central  regis-
     2  ter  shall  be  expunged  no later than ten years after the death of the
     3  elderly person. In any case and at any time,  the  commissioner  of  the
     4  office  of  children and family services may amend or expunge any record
     5  upon good cause shown and notice to the subjects of the report and other
     6  persons named in the report.
     7    7.  At  any time, a subject of a report and other persons named in the
     8  report may receive, upon request, a copy of all information contained in
     9  the central register; provided, however, that the  commissioner  of  the
    10  office  of  children  and  family services is authorized to prohibit the
    11  release of data that would identify the person who made  the  report  or
    12  who cooperated in a subsequent investigation, which he or she reasonably
    13  finds will be detrimental to the safety or interests of such person.
    14    8.  At  any time subsequent to the completion of the investigation but
    15  in no event later than ninety days after the subject of  the  report  is
    16  notified  that  the  report  is  indicated  the  subject may request the
    17  commissioner of the office of children and family services to  amend  or
    18  expunge  the  record of the report. If the commissioner of the office of
    19  children and family services does not amend or expunge the report within
    20  ninety days of receiving such request, the subject shall have the  right
    21  to  a  fair hearing to determine whether the record of the report in the
    22  central register should be amended or expunged on the grounds that it is
    23  inaccurate or it is being maintained in a manner inconsistent with  this
    24  title.  The  appropriate local elderly protective service shall be given
    25  notice of the fair hearing. The burden of proof in such hearing shall be
    26  on the office of children and  family  services  and  appropriate  local
    27  elderly  protective service. In such hearings, the fact that there was a
    28  court finding of abuse, neglect, exploitation or  abandonment  shall  be
    29  presumptive evidence that the report was substantiated. The commissioner
    30  of  the  office of children and family services or his or her designated
    31  agent is hereby authorized and empowered to make any  appropriate  order
    32  respecting  the  amendment or expungement of the record to make it accu-
    33  rate or consistent with the requirements of this title.
    34    9. Written notice of any expungement or amendment of any record,  made
    35  pursuant  to  the  provisions  of  this title, shall be served upon each
    36  subject of such record, other persons named in the report and the appro-
    37  priate local elderly protective service. The  latter,  upon  receipt  of
    38  such  notice, shall take the appropriate similar action in regard to the
    39  local elderly abuse register and inform, for the same purpose, any other
    40  agency which received such record pursuant to this title.
    41    10. Any person who willfully permits and any person who encourages the
    42  release of any data and information contained in the central register to
    43  persons or agencies not permitted by this title shall  be  guilty  of  a
    44  class A misdemeanor.
    45    §  2.  The  sum of six hundred thousand dollars ($600,000), or so much
    46  thereof as may be necessary, is hereby appropriated  to  the  office  of
    47  children  and family services out of any moneys in the state treasury in
    48  the general fund to the credit of the state purposes account not  other-
    49  wise appropriated, for its expenses, including personal service, mainte-
    50  nance  and  operation  in  carrying out the provisions of this act. Such
    51  moneys shall be payable on the audit and warrant of the  comptroller  on
    52  vouchers  certified  or  approved  by  the commissioner of the office of
    53  children and family services or his  or  her  designee,  in  the  manner
    54  prescribed by law.
    55    § 3. This act shall take effect on the one hundred twentieth day after
    56  it  shall have become a law. Effective immediately, the addition, amend-

        A. 1505                             9
 
     1  ment and/or repeal of any rule or regulation necessary for the implemen-
     2  tation of this act on its effective date are authorized to be  made  and
     3  completed on or before such effective date.
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