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.