2023 New York Laws › SOS - Social Services › Article 9-B - Adult Protective Services › Title 1 - Protective Services › 473 - Protective Services.

§  473.  Protective  services.  1. In addition to services provided by
social services officials pursuant to other provisions of this  chapter,
such  officials  shall  provide  protective  services in accordance with
federal and state regulations to or for individuals  without  regard  to
income  who,  because  of  mental or physical impairments, are unable to
manage their own resources, carry out the activities of daily living, or
protect themselves from physical abuse, sexual abuse,  emotional  abuse,
active,  passive  or  self  neglect,  financial  exploitation  or  other
hazardous situations without assistance from  others  and  have  no  one
available  who  is  willing  and  able  to assist them responsibly. Such
services shall include:
(a)  receiving  and  investigating  reports  of   seriously   impaired
individuals who may be in need of protection;
(b)  arranging  for  medical  and psychiatric services to evaluate and
whenever possible to safeguard and improve the  circumstances  of  those
with serious impairments;
(c)  arranging, when necessary, for commitment, guardianship, or other
protective placement of such  individuals  either  directly  or  through
referral  to  another  appropriate agency, provided, however, that where
possible, the least restrictive of  these  measures  shall  be  employed
before more restrictive controls are imposed;
(d)  providing  services  to  assist  such  individuals  to  move from
situations which are, or are likely to become, hazardous to their health
and well-being;
(e) cooperating and planning with the courts as necessary on behalf of
individuals with serious mental impairments; and
(f) other protective services for adults included in  the  regulations
of the department.
2.  (a)  In  that  the  effective  delivery of protective services for
adults requires a  network  of  professional  consultants  and  services
providers, local social services districts shall plan with other public,
private  and  voluntary  agencies  including  but not limited to health,
mental health, aging,  legal  and  law  enforcement  agencies,  for  the
purpose  of  assuring  maximum  local  understanding,  coordination  and
cooperative action in the provision of appropriate services.
(b) Each social services district shall prepare, with the approval  of
the  chief  executive officer, or the legislative body in those counties
without a chief executive officer, after consultation  with  appropriate
public,  private  and  voluntary  agencies, a district-wide plan for the
provision of adult protective services which shall be a component of the
district's multi-year consolidated services plan as required in  section
thirty-four-a  of  this  chapter.  This  plan  shall  describe the local
implementation of this section  including  the  organization,  staffing,
mode  of  operations  and  financing of the adult protective services as
well as the provisions  made  for  purchase  of  services,  inter-agency
relations,  inter-agency  agreements,  service  referral mechanisms, and
locus of responsibility for  cases  with  multi-agency  services  needs.
Commencing  the  year following preparation of a multi-year consolidated
services plan, each local district shall prepare  annual  implementation
reports  including  information related to its adult protective services
plan as required in section thirty-four-a of the social services law.
(c) Each social services district shall submit  the  adult  protective
services  plan  to  the  department  as  a  component  of its multi-year
consolidated services plan and subsequent thereto as a component of  its
annual  implementation  reports  and  the  department  shall  review and
approve the proposed plan and reports in accordance with the  procedures
set forth in section thirty-four-a of this chapter.
3. Any social services official or his designee authorized or required
to determine the need for and/or provide or arrange for the provision of
protective  services  to adults in accordance with the provision of this
section, shall  have  immunity  from  any  civil  liability  that  might
otherwise  result  by  reason  of providing such services, provided such
official or his designee was acting in the discharge of his  duties  and
within  the  scope  of  his  employment, and that such liability did not
result from the willfull act or gross negligence of such official or his
designee.
4. For the purpose of developing improved methods for the delivery  of
protective  services for adults, the department with the approval of the
director of the budget, shall authorize a maximum of five  demonstration
projects  in selected social services districts. Such projects may serve
a social services  district,  part  of  a  district  or  more  than  one
district.  These demonstration projects shall seek to determine the most
effective methods of providing the  financial  management  component  of
protective  services  for adults. These methods shall include but not be
limited to: having a social services district directly provide financial
management services; having a social  services  district  contract  with
another public and/or private agency for the provision of such services;
utilizing  relatives  and/or  friends to provide such services under the
direction of a social services district or another public and/or private
agency and establishing a separate public office  to  provide  financial
management services for indigent persons. The duration of these projects
shall  not  exceed  eighteen  months. Furthermore, local social services
districts shall not be responsible for any part of  the  cost  of  these
demonstration  projects  which  would  not have otherwise accrued in the
provision of protective services for adults. The total amount  of  state
funds  available  for  such  financial management services demonstration
projects, exclusive of any federal funds shall not exceed three  hundred
thousand   dollars.   The   commissioner  shall  require  that  a  final
independent evaluation by a not-for-profit corporation be  made  of  the
demonstration  projects  approved  and  conducted  hereunder,  and shall
provide copies of such report to the governor and the legislature.
5. Whenever a  social  services  official,  or  his  or  her  designee
authorized  or  required  to  determine  the  need for, or to provide or
arrange for the provision of protective services to adults in accordance
with the provisions of this  title  has  a  reason  to  believe  that  a
criminal  offense  has  been  committed,  as  defined  in the penal law,
against a person for whom the need for such services is being determined
or to whom such services are being  provided  or  arranged,  the  social
services official or his or her designee must report this information to
the   appropriate  police  or  sheriff's  department  and  the  district
attorney's office when such office has  requested  such  information  be
reported by a social services official or his or her designee.
6.  Definitions.  When  used  in this title unless otherwise expressly
stated or unless the context or  subject  matter  requires  a  different
interpretation:
(a)  "Physical  abuse"  means  the  non-accidental  use  of force that
results in bodily injury, pain or impairment, including but not  limited
to,  being  slapped,  burned,  cut,  bruised  or  improperly  physically
restrained.
(b) "Sexual abuse" means non-consensual sexual contact  of  any  kind,
including but not limited to, forcing sexual contact or forcing sex with
a third party.
(c)  "Emotional abuse" means willful infliction of mental or emotional
anguish by threat, humiliation, intimidation or other  abusive  conduct,
including but not limited to, frightening or isolating an adult.
(d) "Active neglect" means willful failure by the caregiver to fulfill
the care-taking functions and responsibilities assumed by the caregiver,
including  but not limited to, abandonment, willful deprivation of food,
water, heat, clean clothing and  bedding,  eyeglasses  or  dentures,  or
health related services.
(e)  "Passive  neglect"  means  non-willful  failure of a caregiver to
fulfill  care-taking  functions  and  responsibilities  assumed  by  the
caregiver,  including  but not limited to, abandonment or denial of food
or health related services because of  inadequate  caregiver  knowledge,
infirmity, or disputing the value of prescribed services.
(f)  "Self neglect" means an adult's inability, due to physical and/or
mental impairments to perform tasks essential  to  caring  for  oneself,
including  but  not  limited  to,  providing  essential  food, clothing,
shelter and medical care; obtaining  goods  and  services  necessary  to
maintain  physical  health,  mental  health,  emotional  well-being  and
general safety; or managing financial affairs.
(g) "Financial exploitation" means improper use of an  adult's  funds,
property  or  resources by another individual, including but not limited
to,  fraud,  false   pretenses,   embezzlement,   conspiracy,   forgery,
falsifying  records,  coerced  property transfers or denial of access to
assets.
7. Notwithstanding any other provision of law,  for  the  purposes  of
this article an Indian tribe that has entered into an agreement with the
office  of  children and family services pursuant to section thirty-nine
of this chapter, which includes the provision of adult services by  such
Indian  tribe,  shall  have the duties, responsibilities and powers of a
social services district or a social services official for  the  purpose
of providing adult protective services.
8.  The  office  of children and family services shall create and keep
current best practice guidelines for the provision of  adult  protective
services  pursuant to this article. Such guidelines shall be distributed
for use to local social services districts, and posted on such  office's
website, and shall include, but not be limited to, the procedures for:
(a) reviewing any previous child or adult protective involvement;
(b) assessing and identifying abuse and neglect of persons believed to
be in need of protective services;
(c) interviewing persons believed to be in need of protective services
and their caretakers;
(d)  reviewing when it is appropriate to seek a warrant to gain access
to persons believed to be in need of protective services;
(e) identifying and making referrals for appropriate services; and
(f) communicating the rights of persons believed to  be  eligible  for
protective services.