New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter C - Social Services
Article 5 - Adult and Family Services
Part 457 - Protective Services For Adults
Section 457.9 - Immunity from civil liability

Universal Citation: 18 NY Comp Codes Rules and Regs ยง 457.9

Current through Register Vol. 46, No. 39, September 25, 2024

(a) Any social services official or his designee authorized or required to determine the need for or to provide or arrange for the provision of protective services for adults in accordance with sections 473 and 473-a of the Social Services Law shall have immunity from any civil liability that might otherwise result by reason of providing these services, in accordance with section 473.3 of the Social Services Law, 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 willful act or gross negligence of such official or his designee.

(b) Any person who in good faith believes that a person 18 years of age or older may be an endangered adult, as such term is defined at section 473-a of the Social Services Law, or in need of protective services, and who, based on such belief either:

(1) reports or refers such person to the department, Office for the Aging or any local social services district office or designated area agency on aging, law enforcement agency, or any other person, agency or organization that such person, in good faith, believes will take appropriate action; or

(2) testifies in any judicial or administrative proceeding arising from such report or referral, shall have immunity, in accordance with section 473-b of the Social Services Law, from any civil liability that might otherwise result by reason of the act of making such report or referral or of giving of such testimony.

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