N.Y. Comp. Codes R. & Regs. tit. 18 § 457.1

Current through Register Vol. 46, No. 51, December 18, 2024

Section 457.1 - General

(a) Protective services for adults is a State-mandated service. The provisions of Parts 400 through 407 of this Title apply in general to this service. The following factors relate specifically to protective services for adults, hereinafter referred to as PSA.

(b) Definitions. When used in this Part unless otherwise expressly stated or unless the context or subject matter requires a different interpretation:

(1) Physical abuse means the nonaccidental 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.

(2) Sexual abuse means nonconsensual sexual contact of any kind, including but not limited to, forcing sexual contact or forcing sex with a third party.

(3) Emotional abuse means wilful infliction of mental or emotional anguish by threat, humiliation, intimidation or other abusive conduct, including but not limited to, frightening or isolating an adult.

(4) 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.

(5) Passive neglect means nonwillful 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.

(6) 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.

(7) 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.

(c) Client characteristics. Protective services for adults are provided to individuals 18 years of age or older who, because of mental or physical impairments:

(1) are unable to meet their essential needs for food, shelter, clothing or medical care, secure entitlements due them or protect themselves from physical, sexual or emotional abuse, active, passive of self neglect, or financial exploitation; and

(2) are in need of protection from actual or threatened harm due to physical, sexual or emotional abuse, or active, passive or self neglect, or financial exploitation or by hazardous conditions caused by the action or inaction of either themselves or other individuals; and

(3) have no one available who is willing and able to assist them responsibly.

(d) Services. PSA services are limited as appropriate to:

(1) identifying such adults who need assistance or who have no one willing and able to assist them responsibly;

(2) providing prompt response and investigation upon request of adults at risk or other persons acting on their behalf. At the time of referral, the local district shall make a determination as to whether a life-threatening situation exists. If a situation is designated as life-threatening, the district shall commence an investigation as soon as possible but not later than 24 hours after receipt of the referral. For potential PSA cases not designated as life-threatening situations, the district shall commence an investigation within 72 hours of receipt of the referral and shall make a visit to the client within three working days of the referral. For the purposes of this Part, a referral is defined as any written or verbal information provided to a district in which a specific person is identified as apparently in need of PSA, or any verbal or written information provided to a district on behalf of an adult for whom the district determines that a PSA investigation and assessment is necessary;

(3) assessing the individual's situation and service needs;

(4) providing counseling to such adults, their families, other responsible persons or to fiduciaries such as representative payees, on handling the affairs of such adults;

(5) arranging for appropriate alternative living arrangements in the community or in an institution providing room and board as an integral but subordinate part of the provision of PSA for a period not to exceed 30 days;

(6) assisting in the location of social services, medical care and other resources in the community, including arrangement for day care in a protective setting;

(7) arranging for guardianship, commitment or other protective placements as needed;

(8) providing advocacy and assistance in arranging for legal services to assure receipt of rights and entitlements due to adults at risk;

(9) functioning as a guardian, representative payee, or protective payee where it is determined such services are needed and there is no one else available or capable of acting in this capacity;

(10) providing homemaker and housekeeper/chore services when provided as an integral but subordinate part in the provision of PSA to meet the goal of protection for adults who demonstrate specified functional deficits. The provision of such services shall be limited to six months when provided without regard to financial criteria. When such services are available through other public or private community resources, these should be utilized. The provision of these services beyond six months may be authorized on a case-by-case basis under the following conditions:

(i) guardianship or other financial management proceedings have been started within the first 60 days of the provision of PSA services; and

(ii) the local district must accept the responsibility to function as a guardian, representative payee or protective payee on behalf of a PSA client if no other resources are available within 45 days of a determination by either:

(a) a court that a guardian is required;

(b) an office of the Federal Social Security Administration or the Railroad Retirement System that a representative payee is required; or

(c) the social services district that a protective payee is required.

Under these conditions, the provision of homemaker and housekeeper/chore services without regard to financial criteria may be continued beyond six months until the guardianship or other financial management proceedings are completed, except in no case will such services be authorized to continue for a period of more than three months subject to one reauthorization not to exceed an additional three months; and

(11) other components of PSA included in the State's Consolidated Services Plan (CSP), as required by section 34-a of the Social Services Law and Part 407 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 457.1