NYCAC

Chapter 2 - DEPARTMENT FOR THE AGING¶

Section 21-201¶

Section 21-201

  §  21-201  Definitions.  Whenever  used in this chapter, the following
words shall have the following meanings:
  a. "Commissioner" shall mean the commissioner of  the  department  for
the aging.
  b. "Department" shall mean the department for the aging.
  c.  "Regularly  scheduled  activities" shall mean all activities which
are funded in whole or in part by the city of New York.
  d. "Senior center" shall mean facilities operated by the city  of  New
York or operated by an entity that has contracted with the department to
provide  services  to  senior citizens on a regular basis including, but
not limited to meals, recreation and counseling.
  e. "Elder abuse" shall mean any knowing, intentional, or negligent act
by a caregiver or any other person holding a trusting relationship  with
a vulnerable older adult, which causes harm or a serious risk of harm to
that  older  adult  including  physical, emotional, sexual, or financial
harm, or neglect, abandonment or confinement.

Section 21-202¶

Section 21-202

  §  21-202  Bill  of rights required. a. The commissioner shall require
that every senior center adopt a statement of the rights of  all  senior
citizens  who  participate  in activities and take advantage of services
provided by  such  senior  center  and  treat  all  senior  citizens  in
accordance with the provisions of such statement.
  b.  Contents of bill of rights. Such statement of rights shall include
the following:
  1. Every senior citizen  who  otherwise  qualifies  for  participation
shall have the right to participate as a member of a senior center.
  2.  Every  senior  citizen  shall have the right to participate in all
regularly scheduled activities and take advantage of  services  provided
by the center to the extent that funding and space limitations permit.
  3. Every senior center shall have a senior advisory council which will
be  comprised of senior citizens from the senior center membership. Such
advisory council shall advise the  senior  center's  management  of  the
needs of the senior citizens.
  4.   Every  senior  citizen  attending  a  senior  center's  regularly
scheduled meal period shall be offered a balanced and nutritious meal to
the extent that funding  and  space  limitations  permit.  Those  senior
citizens  that  do  not  receive a balanced and nutritious meal shall be
offered nourishment during a senior center's  regularly  scheduled  meal
period to the extent that funding permits.
  5.  Every  senior  citizen  attending  a  senior center shall have the
opportunity to make a financial contribution which  shall  be  voluntary
and  anonymous  and  shall  be  used by the senior center to enhance and
increase services to senior citizens.
  6. Every senior citizen  shall  be  treated  courteously,  fairly  and
respectfully at a senior center.
  7.  Every  senior citizen shall have the right not to be discriminated
against based upon his or her actual or perceived  race,  creed,  color,
national   origin,  age,  gender,  disability,  marital  status,  sexual
orientation, alienage or citizenship status, in violation of  the  human
rights law of the city of New York.
  8.  Every  senior citizen shall have the right to be informed of those
senior centers that are handicapped accessible.
  9. Every senior citizen shall have the right to present grievances  on
behalf  of  himself  or  herself  to the senior center's staff, board of
directors  or executive committee,  or  elected  or   other   government
officials,  without  fear  of reprisal from officers or employees of the
senior center.
  c. Posting required. Every senior center shall post conspicuously:
  (i) in or near the entrance to such center  a  sign  that  states  the
rights of senior citizens as provided in this section;
  (ii)  all  regularly  scheduled activities as defined in this section;
and
  (iii) the department's phone number.
  d.  Nothing  in  this  section  shall  be  construed  to   limit   the
department's  authority to promulgate rules regarding matters within its
jurisdiction pursuant to applicable law.

Section 21-203¶

Section 21-203

  §21-203  Elder  abuse  training.  a.  The commissioner shall develop a
program to train senior service providers in the detection and reporting
of elder  abuse.  Such  program  shall  also  include  training  on  the
counseling of elder abuse victims.
  b. The commissioner shall require that employees of senior centers and
employees  of  entities  that  contract  with  the department to provide
services to senior  citizens,  be  trained  in  elder  abuse  detection,
reporting  and  counseling,  and receive supplemental refresher training
regarding the same at least once every 3 years, if such employee has  or
is expected to have significant and direct person to person contact with
senior citizens.
  c.  The commissioner shall require senior centers to hold at least two
educational sessions per year during which guests  and  members  of  the
senior  center  will receive counseling regarding elder abuse prevention
and awareness and be instructed on how to detect and report instances of
elder abuse.
  d. The commissioner  shall  require  that  every  senior  center  post
signage  in  a  prominent  common  area  section  within the center that
directs those who need  information  regarding  elder  abuse  detection,
reporting,  counseling  and  services  to  call  either  the 311 citizen
service system  or  the  department's  Elderly  Crime  Victims  Resource
Center.