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Title 42 — The Public Health and Welfare

Part A · Chapter 35 — Programs for Older Americans

§ 3058i. Prevention of elder abuse, neglect, and exploitation

Statutory text

(a)

Establishment

In order to be eligible to receive an allotment under section 3058b of this title from funds appropriated under section 3058a of this title and made available to carry out this subpart, a State agency shall, in accordance with this section, and in consultation with area agencies on aging, develop and enhance programs to address elder abuse, neglect, and exploitation.

(b)

Use of allotments

The State agency shall use an allotment made under subsection (a) to carry out, through the programs described in subsection (a), activities to develop, strengthen, and carry out programs for the prevention, detection, assessment, and treatment of, intervention in, investigation of, and response to elder abuse, neglect, and exploitation, including—

(1)

providing for public education and outreach to identify and prevent elder abuse, neglect, and exploitation;

(2)

providing for public education and outreach to promote financial literacy and prevent identity theft and financial exploitation of older individuals;

(3)

ensuring the coordination of services provided by area agencies on aging with services instituted under the State adult protection service program, State and local law enforcement systems, and courts of competent jurisdiction;

(4)

promoting the development of information and data systems, including elder abuse reporting systems, to quantify the extent of elder abuse, neglect, and exploitation in the State;

(5)

promoting the submission of data on elder abuse, neglect, and exploitation for the appropriate database of the Administration or another database specified by the Assistant Secretary;

(6)

conducting analyses of State information concerning elder abuse, neglect, and exploitation and identifying unmet service, enforcement, or intervention needs;

(7)

conducting training for individuals, including caregivers described in part E of subchapter III, professionals, and paraprofessionals, in relevant fields on the identification, prevention, and treatment of elder abuse, neglect, and exploitation, with particular focus on prevention and enhancement of self-determination and autonomy;

(8)

providing technical assistance to programs that provide or have the potential to provide services for victims of elder abuse, neglect, and exploitation and for family members of the victims;

(9)

conducting special and on-going training, for individuals involved in serving victims of elder abuse, neglect, and exploitation, on the topics of self-determination, individual rights, State and Federal requirements concerning confidentiality, and other topics determined by a State agency to be appropriate;

(10)

promoting the development of an elder abuse, neglect, and exploitation system—

(A)

that includes a State elder abuse, neglect, and exploitation law that includes provisions for immunity, for persons reporting instances of elder abuse, neglect, and exploitation, from prosecution arising out of such reporting, under any State or local law;

(B)

under which a State agency—

(i)

on receipt of a report of known or suspected instances of elder abuse, neglect, or exploitation, shall promptly initiate an investigation to substantiate the accuracy of the report; and

(ii)

on a finding of elder abuse, neglect, or exploitation, shall take steps, including appropriate referral, to protect the health and welfare of the abused, neglected, or exploited older individual;

(C)

that includes, throughout the State, in connection with the enforcement of elder abuse, neglect, and exploitation laws and with the reporting of suspected instances of elder abuse, neglect, and exploitation—

(i)

such administrative procedures;

(ii)

such personnel, such as forensic specialists, trained in the special problems of elder abuse, neglect, and exploitation prevention and treatment;

(iii)

such training procedures;

(iv)

such institutional and other facilities (public and private); and

(v)

such related multidisciplinary programs and services, including programs and arrangements that protect against financial exploitation,

as may be necessary or appropriate to ensure that the State will deal effectively with elder abuse, neglect, and exploitation cases in the State;

(D)

that preserves the confidentiality of records in order to protect the rights of older individuals;

(E)

that provides for the cooperation of law enforcement officials, courts of competent jurisdiction, and State agencies providing human services with respect to special problems of elder abuse, neglect, and exploitation;

(F)

that enables an older individual to participate in decisions regarding the welfare of the older individual, and makes the least restrictive alternatives available to an older individual who is abused, neglected, or exploited; and

(G)

that includes a State clearinghouse for dissemination of information to the general public with respect to—

(i)

the problems of elder abuse, neglect, and exploitation;

(ii)

the facilities described in subparagraph (C)(iv); and

(iii)

prevention and treatment methods available to combat instances of elder abuse, neglect, and exploitation;

(11)

examining various types of shelters serving older individuals (in this paragraph referred to as “safe havens”), and testing various safe haven models for establishing safe havens (at home or elsewhere), that recognize autonomy and self-determination, and fully protect the due process rights of older individuals;

(12)

supporting multidisciplinary elder justice activities, such as—

(A)

supporting and studying team approaches for bringing a coordinated multidisciplinary or interdisciplinary response to elder abuse, neglect, and exploitation, including a response from individuals in social service, health care, public safety, and legal disciplines;

(B)

establishing a State coordinating council, which shall identify the individual State’s needs and provide the Assistant Secretary with information and recommendations relating to efforts by the State to combat elder abuse, neglect, and exploitation;

(C)

providing training, technical assistance, community outreach and education, and other methods of support to groups carrying out multidisciplinary efforts at the State (referred to in some States as “State Working Groups”);

(D)

broadening and studying various models for elder fatality and serious injury review teams, to make recommendations about their composition, protocols, functions, timing, roles, and responsibilities, with a goal of producing models and information that will allow for replication based on the needs of States and communities (other than the ones in which the review teams were used);

(E)

developing best practices, for use in long-term care facilities, that reduce the risk of elder abuse for residents, including the risk of resident-to-resident abuse; and

(F)

supporting and implementing innovative practices, programs, and materials in communities to develop partnerships across disciplines for the prevention, investigation, and prosecution of abuse, neglect, and exploitation; and

(13)

addressing underserved populations of older individuals, such as—

(A)

older individuals living in rural locations;

(B)

older individuals in minority populations; or

(C)

low-income older individuals.

(c)

Approach

In developing and enhancing programs under subsection (a), the State agency shall use a comprehensive approach, in consultation with area agencies on aging, to identify and assist older individuals who are subject to abuse, neglect, and exploitation, including older individuals who live in State licensed facilities, unlicensed facilities, or domestic or community-based settings.

(d)

Coordination

In developing and enhancing programs under subsection (a), the State agency shall coordinate the programs with other State and local programs and services for the protection of vulnerable adults, particularly vulnerable older individuals, including programs and services such as—

(1)

area agency on aging programs;

(2)

adult protective service programs;

(3)

the State Long-Term Care Ombudsman program established in subpart II of this part;

(4)

protection and advocacy programs;

(5)

facility and long-term care provider licensure and certification programs;

(6)

medicaid fraud and abuse services, including services provided by a State medicaid fraud control unit, as defined in section 1396b(q) of this title;

(7)

victim assistance programs; and

(8)

consumer protection and State and local law enforcement programs, as well as other State and local programs that identify and assist vulnerable older individuals, and services provided by agencies and courts of competent jurisdiction.

(e)

Requirements

In developing and enhancing programs under subsection (a), the State agency shall—

(1)

not permit involuntary or coerced participation in such programs by alleged victims, abusers, or members of their households;

(2)

require that all information gathered in the course of receiving a report described in subsection (b)(10)(B)(i), and making a referral described in subsection (b)(10)(B)(ii), shall remain confidential except—

(A)

if all parties to such complaint or report consent in writing to the release of such information;

(B)

if the release of such information is to a law enforcement agency, public protective service agency, licensing or certification agency, ombudsman program, or protection or advocacy system; or

(C)

upon court order; and

(3)

make all reasonable efforts to resolve any conflicts with other public agencies with respect to confidentiality of the information described in paragraph (2) by entering into memoranda of understanding that narrowly limit disclosure of information, consistent with the requirement described in paragraph (2).

(f)

Designation

The State agency may designate a State entity to carry out the programs and activities described in this subpart.

(g)

Study and report

(1)

Study

The Secretary, in consultation with the Department of the Treasury and the Attorney General of the United States, State attorneys general, and tribal and local prosecutors, shall conduct a study of the nature and extent of financial exploitation of older individuals. The purpose of this study would be to define and describe the scope of the problem of financial exploitation of the elderly and to provide an estimate of the number and type of financial transactions considered to constitute financial exploitation faced by older individuals. The study shall also examine the adequacy of current Federal and State legal protections to prevent such exploitation.

(2)

Report

Not later than 18 months after , the Secretary shall submit to Congress a report, which shall include—

(A)

the results of the study conducted under this subsection; and

(B)

recommendations for future actions to combat the financial exploitation of older individuals.

(h)

Accountability measures

The Assistant Secretary shall develop accountability measures to ensure the effectiveness of the activities carried out under this section.

(i)

Evaluating programs

The Assistant Secretary shall evaluate the activities carried out under this section, using funds made available under section 3017(h) of this title.

(j)

Compliance with applicable laws

In order to receive funds made available to carry out this section, an entity shall comply with all applicable laws, regulations, and guidelines.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Older Americans Act of 1965

    Pub. L. 89–73 title VII § 721 · 79 Stat. 218

    Enacted · 42 U.S.C. § 3058i

    Pub. L. 89–73, title VII, § 721, as added Pub. L. 102–375, title VII, § 703(b), Sept. 30, 1992, 106 Stat. 1282

    Source evidence

    Code source credit
    Pub. L. 89–73, title VII, § 721, as added Pub. L. 102–375, title VII, § 703(b), Sept. 30, 1992, 106 Stat. 1282

  2. Pub. L. 106–501 § 801(e)(3) · 114 Stat. 2226

    Substituted · 42 U.S.C. § 3058i(a)

    Pub. L. 106–501, § 801(e)(3), substituted “section 3058a of this title and made available to carry out this subpart” for “section 3058a(b) of this title”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 106–501, § 801(e)(3), substituted “section 3058a of this title and made available to carry out this subpart” for “section 3058a(b) of this title”.

    Enacted provision · exact public law section
    (3) Section 721(a) of the Older Americans Act of 1965 (42 U.S.C. 3058i(a)) is amended by striking “section 702(b)” and inserting “section 702 and made available to carry out this chapter”.

  3. Pub. L. 106–501 § 705(1)(A) · 114 Stat. 2226

    Inserted · 42 U.S.C. § 3058i(b)

    Pub. L. 106–501, § 705(1)(A), in introductory provisions, inserted “(including financial exploitation)” after “exploitation”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 106–501, § 705(1)(A), in introductory provisions, inserted “(including financial exploitation)” after “exploitation”.

    Enacted provision · exact public law section
    (A) in the matter preceding paragraph (1), by inserting “(including financial exploitation)” after “exploitation”;

  4. Pub. L. 106–501 § 705(1)(B) · 114 Stat. 2226

    Inserted · 42 U.S.C. § 3058i(b)(2)

    Pub. L. 106–501, § 705(1)(B), inserted “, State and local law enforcement systems, and courts of competent jurisdiction” after “service program”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 106–501, § 705(1)(B), inserted “, State and local law enforcement systems, and courts of competent jurisdiction” after “service program”.

    Enacted provision · exact public law section
    (B) in paragraph (2), by inserting “, State and local law enforcement systems, and courts of competent jurisdiction” after “service program”; and

  5. Pub. L. 106–501 § 705(1)(C) · 114 Stat. 2226

    Inserted · 42 U.S.C. § 3058i(b)(5)

    Pub. L. 106–501, § 705(1)(C), inserted “including caregivers described in part E of subchapter III,” after “individuals,”

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 106–501, § 705(1)(C), inserted “including caregivers described in part E of subchapter III,” after “individuals,”.

    Enacted provision · exact public law section
    (C) in paragraph (5), by inserting “including caregivers described in part E of title III,” after “individuals,”;

  6. Pub. L. 106–501 § 705(2) · 114 Stat. 2226

    Inserted · 42 U.S.C. § 3058i(d)(8)

    Pub. L. 106–501, § 705(2), inserted “State and local” before “law enforcement programs” and “, and services provided by agencies and courts of competent jurisdiction” before period at end

    Source evidence

    Code amendment note
    Subsec. (d)(8). Pub. L. 106–501, § 705(2), inserted “State and local” before “law enforcement programs” and “, and services provided by agencies and courts of competent jurisdiction” before period at end.

    Enacted provision · exact public law section
    (2) in subsection (d)(8)— (A) by inserting “State and local” after “consumer protection and”; and (B) by inserting “, and services provided by agencies and courts of competent jurisdiction” before the period; and

  7. Pub. L. 106–501 § 705(3) · 114 Stat. 2226

    Added · 42 U.S.C. § 3058i(g)

    Pub. L. 106–501, § 705(3), added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 106–501, § 705(3), added subsec. (g).

    Enacted provision · exact public law section
    (3) by adding at the end the following: “(g) Study and Report.— “(1) Study.— The Secretary, in consultation with the Department of the Treasury and the Attorney General of the United States, State attorneys general, and tribal and local prosecutors, shall conduct a study of the nature and extent of financial exploitation of older individuals. The purpose of this study would be to define and describe the scope of the problem of financial exploitation of the elderly and to provide an estimate of the number and type of financial transactions considered to constitute financial exploitation faced by older individuals. The study shall also examine the adequacy of current Federal and State legal protections to prevent such exploitation. “(2) Report.— Not later than 18 months after the date of the enactment of the Older Americans Act Amendments of 2000, the Secretary shall submit to Congress a report, which shall include— “(A) the results of the study conducted under this subsection; and “(B) recommendations for future actions to combat the financial exploitation of older individuals.”.

  8. Pub. L. 109–365 § 702(1) · 120 Stat. 2591

    Substituted · 42 U.S.C. § 3058i(a)

    Pub. L. 109–365, § 702(1), substituted “programs to address” for “programs for the prevention of”

    Unresolved: Pub. L. 109–365 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 109–365, § 702(1), substituted “programs to address” for “programs for the prevention of”.

  9. Pub. L. 109–365 § 702(2)(A) · 120 Stat. 2591

    Substituted · 42 U.S.C. § 3058i(b)

    Pub. L. 109–365, § 702(2)(A), substituted “programs for the prevention, detection, assessment, and treatment of, intervention in, investigation of, and response to elder abuse, neglect, and exploitation (including financial exploitation), including—” for “programs for the prevention and treatment of elder abuse, neglect, and exploitation (including financial exploitation), including—” in introductory provisions

    Unresolved: Pub. L. 109–365 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 109–365, § 702(2)(A), substituted “programs for the prevention, detection, assessment, and treatment of, intervention in, investigation of, and response to elder abuse, neglect, and exploitation (including financial exploitation), including—” for “programs for the prevention and treatment of elder abuse, neglect, and exploitation (including financial exploitation), including—” in introductory provisions.

  10. Pub. L. 109–365 § 702(2)(B) · 120 Stat. 2591

    1. Added · 42 U.S.C. § 3058i(b)(2)(9)

      Pub. L. 109–365, § 702(2)(B), (C), added par. (2)

    2. Redesignated · 42 U.S.C. § 3058i(b)(2)(9)

      Pub. L. 109–365, § 702(2)(B), (C), redesignated former pars. (2) to (8) as (3) to (9), respectively

    Unresolved: Pub. L. 109–365 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(2) to (9). Pub. L. 109–365, § 702(2)(B), (C), added par. (2) and redesignated former pars. (2) to (8) as (3) to (9), respectively.

  11. Pub. L. 109–365 § 702(2)(D) · 120 Stat. 2591

    Added · 42 U.S.C. § 3058i(b)(10)(12)

    Pub. L. 109–365, § 702(2)(D)–(F), added pars. (10) to (12)

    Unresolved: Pub. L. 109–365 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(10) to (12). Pub. L. 109–365, § 702(2)(D)–(F), added pars. (10) to (12).

  12. Pub. L. 109–365 § 702(3) · 120 Stat. 2591

    1. Substituted · 42 U.S.C. § 3058i(e)(2)

      Pub. L. 109–365, § 702(3), substituted “subsection (b)(9)(B)(i)” for “subsection (b)(8)(B)(i)”

    2. Substituted · 42 U.S.C. § 3058i(e)(2)

      Pub. L. 109–365, § 702(3), substituted “subsection (b)(9)(B)(ii)” for “subsection (b)(8)(B)(ii)”

    Unresolved: Pub. L. 109–365 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 109–365, § 702(3), substituted “subsection (b)(9)(B)(i)” for “subsection (b)(8)(B)(i)” and “subsection (b)(9)(B)(ii)” for “subsection (b)(8)(B)(ii)”.

  13. Pub. L. 109–365 § 702(4) · 120 Stat. 2591

    Added · 42 U.S.C. § 3058i(h)(j)

    Pub. L. 109–365, § 702(4), added subsecs. (h) to (j)

    Unresolved: Pub. L. 109–365 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsecs. (h) to (j). Pub. L. 109–365, § 702(4), added subsecs. (h) to (j).

  14. Older Americans Act Reauthorization Act of 2016

    Pub. L. 114–144 § 8(e)(1)(A) · 130 Stat. 334

    Struck · 42 U.S.C. § 3058i(b)

    Pub. L. 114–144, § 8(e)(1)(A), struck out “(including financial exploitation)” after “and exploitation” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 114–144, § 8(e)(1)(A), struck out “(including financial exploitation)” after “and exploitation” in introductory provisions.

    Enacted provision · exact public law section
    (A) in the matter preceding paragraph (1), by striking “(including financial exploitation)”;

  15. Older Americans Act Reauthorization Act of 2016

    Pub. L. 114–144 § 8(e)(1)(B) · 130 Stat. 334

    1. Added · 42 U.S.C. § 3058i(b)(5)(10)

      Pub. L. 114–144, § 8(e)(1)(B), (C), added par. (5)

    2. Redesignated · 42 U.S.C. § 3058i(b)(5)(10)

      Pub. L. 114–144, § 8(e)(1)(B), (C), redesignated former pars. (5) to (9) as (6) to (10), respectively. Former par. (10) redesignated (11)

    Source evidence

    Code amendment note
    Subsec. (b)(5) to (10). Pub. L. 114–144, § 8(e)(1)(B), (C), added par. (5) and redesignated former pars. (5) to (9) as (6) to (10), respectively. Former par. (10) redesignated (11).

    Enacted provision · exact public law section
    (B) by redesignating paragraphs (5) through (12) as paragraphs (6) through (13), respectively;

  16. Older Americans Act Reauthorization Act of 2016

    Pub. L. 114–144 § 8(e)(1)(D)(i) · 130 Stat. 334

    Inserted · 42 U.S.C. § 3058i(b)(10)(C)(ii)

    Pub. L. 114–144, § 8(e)(1)(D)(i), inserted “, such as forensic specialists,” after “such personnel”

    Source evidence

    Code amendment note
    Subsec. (b)(10)(C)(ii). Pub. L. 114–144, § 8(e)(1)(D)(i), inserted “, such as forensic specialists,” after “such personnel”.

    Enacted provision · exact public law section
    (i) in clause (ii), by inserting “, such as forensic specialists,” after “such personnel”; and

  17. Older Americans Act Reauthorization Act of 2016

    Pub. L. 114–144 § 8(e)(1)(D)(ii) · 130 Stat. 334

    Inserted · 42 U.S.C. § 3058i(b)(10)(C)(v)

    Pub. L. 114–144, § 8(e)(1)(D)(ii), inserted before comma at end “, including programs and arrangements that protect against financial exploitation”

    Source evidence

    Code amendment note
    Subsec. (b)(10)(C)(v). Pub. L. 114–144, § 8(e)(1)(D)(ii), inserted before comma at end “, including programs and arrangements that protect against financial exploitation”.

    Enacted provision · exact public law section
    (ii) in clause (v), by inserting before the comma the following: “, including programs and arrangements that protect against financial exploitation”; and

  18. Older Americans Act Reauthorization Act of 2016

    Pub. L. 114–144 § 8(e)(1)(B) · 130 Stat. 334

    Redesignated · 42 U.S.C. § 3058i(b)(11); 42 U.S.C. § 3058i(b)(12)

    Pub. L. 114–144, § 8(e)(1)(B), redesignated pars. (10) and (11) as (11) and (12), respectively. Former par. (12) redesignated (13)

    Source evidence

    Code amendment note
    Subsec. (b)(11), (12). Pub. L. 114–144, § 8(e)(1)(B), redesignated pars. (10) and (11) as (11) and (12), respectively. Former par. (12) redesignated (13).

    Enacted provision · exact public law section
    (B) by redesignating paragraphs (5) through (12) as paragraphs (6) through (13), respectively;

  19. Older Americans Act Reauthorization Act of 2016

    Pub. L. 114–144 § 8(e)(1)(E) · 130 Stat. 334

    Added · 42 U.S.C. § 3058i(b)(12)(F)

    Pub. L. 114–144, § 8(e)(1)(E), added subpar. (F)

    Source evidence

    Code amendment note
    Subsec. (b)(12)(F). Pub. L. 114–144, § 8(e)(1)(E), added subpar. (F).

    Enacted provision · exact public law section
    (E) in paragraph (12), as redesignated by subparagraph (B) of this paragraph— (i) in subparagraph (D), by striking “and” at the end; and (ii) by adding at the end the following: “(F) supporting and studying innovative practices in communities to develop partnerships across disciplines for the prevention, investigation, and prosecution of abuse, neglect, and exploitation; and” ; and

  20. Older Americans Act Reauthorization Act of 2016

    Pub. L. 114–144 § 8(e)(1)(B) · 130 Stat. 334

    Redesignated · 42 U.S.C. § 3058i(b)(13)

    Pub. L. 114–144, § 8(e)(1)(B), redesignated par. (12) as (13)

    Source evidence

    Code amendment note
    Subsec. (b)(13). Pub. L. 114–144, § 8(e)(1)(B), redesignated par. (12) as (13).

    Enacted provision · exact public law section
    (B) by redesignating paragraphs (5) through (12) as paragraphs (6) through (13), respectively;

  21. Older Americans Act Reauthorization Act of 2016

    Pub. L. 114–144 § 8(e)(2) · 130 Stat. 334

    1. Substituted · 42 U.S.C. § 3058i(e)(2)

      Pub. L. 114–144, § 8(e)(2), substituted “subsection (b)(10)(B)(i)” for “subsection (b)(9)(B)(i)” in introductory provisions

    2. Substituted · 42 U.S.C. § 3058i(e)(2)

      Pub. L. 114–144, § 8(e)(2), substituted “subsection (b)(10)(B)(ii)” for “subsection (b)(9)(B)(ii)” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 114–144, § 8(e)(2), substituted “subsection (b)(10)(B)(i)” for “subsection (b)(9)(B)(i)” and “subsection (b)(10)(B)(ii)” for “subsection (b)(9)(B)(ii)” in introductory provisions.

    Enacted provision · exact public law section
    (2) in subsection (e)(2), in the matter preceding subparagraph (A)— (A) by striking “subsection (b)(9)(B)(i)” and inserting “subsection (b)(10)(B)(i)”; and (B) by striking “subsection (b)(9)(B)(ii)” and inserting “subsection (b)(10)(B)(ii)”.

  22. Supporting Older Americans Act of 2020

    Pub. L. 116–131 § 603(1) · 131 Stat. 240

    Inserted · 42 U.S.C. § 3058i(b)(12)(C)

    Pub. L. 116–131, § 603(1), inserted “community outreach and education,” after “technical assistance,”

    Source evidence

    Code amendment note
    Subsec. (b)(12)(C). Pub. L. 116–131, § 603(1), inserted “community outreach and education,” after “technical assistance,”.

    Enacted provision · exact public law section
    (1) in subparagraph (C), by inserting “community outreach and education,” after “technical assistance,”; and

  23. Supporting Older Americans Act of 2020

    Pub. L. 116–131 § 603(2) · 131 Stat. 240

    1. Substituted · 42 U.S.C. § 3058i(b)(12)(F)

      Pub. L. 116–131, § 603(2), substituted “implementing” for “studying”

    2. Inserted · 42 U.S.C. § 3058i(b)(12)(F)

      Pub. L. 116–131, § 603(2), inserted “, programs, and materials” after “practices”

    Source evidence

    Code amendment note
    Subsec. (b)(12)(F). Pub. L. 116–131, § 603(2), substituted “implementing” for “studying” and inserted “, programs, and materials” after “practices”.

    Enacted provision · exact public law section
    (2) in subparagraph (F)— (A) by striking “studying” and inserting “implementing”; and (B) by inserting “, programs, and materials” after “practices”.

  24. Supporting Older Americans Act of 2020

    Pub. L. 116–131 § 701(12) · 131 Stat. 240

    Substituted · 42 U.S.C. § 3058i(i)

    Pub. L. 116–131, § 701(12), substituted “3017(h) of this title” for “3017(g) of this title”

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 116–131, § 701(12), substituted “3017(h) of this title” for “3017(g) of this title”.

    Enacted provision · exact public law section
    (12) in section 721(i) (42 U.S.C. 3058i(i), by striking “section 206(g)” and inserting “section 206(h)”.

20 of 29 references resolved to an enrolled provision · 1 partial · 8 unresolved

Editorial Notes

Amendments2000–2020 · 4 rounds

2020

Subsec. (b)(12)(C). Pub. L. 116–131, § 603(1), inserted “community outreach and education,” after “technical assistance,”.

Subsec. (b)(12)(F). Pub. L. 116–131, § 603(2), substituted “implementing” for “studying” and inserted “, programs, and materials” after “practices”.

Subsec. (i). Pub. L. 116–131, § 701(12), substituted “3017(h) of this title” for “3017(g) of this title”.

2016

Subsec. (b). Pub. L. 114–144, § 8(e)(1)(A), struck out “(including financial exploitation)” after “and exploitation” in introductory provisions.

Subsec. (b)(5) to (10). Pub. L. 114–144, § 8(e)(1)(B), (C), added par. (5) and redesignated former pars. (5) to (9) as (6) to (10), respectively. Former par. (10) redesignated (11).

Subsec. (b)(10)(C)(ii). Pub. L. 114–144, § 8(e)(1)(D)(i), inserted “, such as forensic specialists,” after “such personnel”.

Subsec. (b)(10)(C)(v). Pub. L. 114–144, § 8(e)(1)(D)(ii), inserted before comma at end “, including programs and arrangements that protect against financial exploitation”.

Subsec. (b)(11), (12). Pub. L. 114–144, § 8(e)(1)(B), redesignated pars. (10) and (11) as (11) and (12), respectively. Former par. (12) redesignated (13).

Subsec. (b)(12)(F). Pub. L. 114–144, § 8(e)(1)(E), added subpar. (F).

Subsec. (b)(13). Pub. L. 114–144, § 8(e)(1)(B), redesignated par. (12) as (13).

Subsec. (e)(2). Pub. L. 114–144, § 8(e)(2), substituted “subsection (b)(10)(B)(i)” for “subsection (b)(9)(B)(i)” and “subsection (b)(10)(B)(ii)” for “subsection (b)(9)(B)(ii)” in introductory provisions.

2006

Subsec. (a). Pub. L. 109–365, § 702(1), substituted “programs to address” for “programs for the prevention of”.

Subsec. (b). Pub. L. 109–365, § 702(2)(A), substituted “programs for the prevention, detection, assessment, and treatment of, intervention in, investigation of, and response to elder abuse, neglect, and exploitation (including financial exploitation), including—” for “programs for the prevention and treatment of elder abuse, neglect, and exploitation (including financial exploitation), including—” in introductory provisions.

Subsec. (b)(2) to (9). Pub. L. 109–365, § 702(2)(B), (C), added par. (2) and redesignated former pars. (2) to (8) as (3) to (9), respectively.

Subsec. (b)(10) to (12). Pub. L. 109–365, § 702(2)(D)–(F), added pars. (10) to (12).

Subsec. (e)(2). Pub. L. 109–365, § 702(3), substituted “subsection (b)(9)(B)(i)” for “subsection (b)(8)(B)(i)” and “subsection (b)(9)(B)(ii)” for “subsection (b)(8)(B)(ii)”.

Subsecs. (h) to (j). Pub. L. 109–365, § 702(4), added subsecs. (h) to (j).

2000

Subsec. (a). Pub. L. 106–501, § 801(e)(3), substituted “section 3058a of this title and made available to carry out this subpart” for “section 3058a(b) of this title”.

Subsec. (b). Pub. L. 106–501, § 705(1)(A), in introductory provisions, inserted “(including financial exploitation)” after “exploitation”.

Subsec. (b)(2). Pub. L. 106–501, § 705(1)(B), inserted “, State and local law enforcement systems, and courts of competent jurisdiction” after “service program”.

Subsec. (b)(5). Pub. L. 106–501, § 705(1)(C), inserted “including caregivers described in part E of subchapter III,” after “individuals,”.

Subsec. (d)(8). Pub. L. 106–501, § 705(2), inserted “State and local” before “law enforcement programs” and “, and services provided by agencies and courts of competent jurisdiction” before period at end.

Subsec. (g). Pub. L. 106–501, § 705(3), added subsec. (g).

Statutory Notes and Related Subsidiaries

Effective Date

Section inapplicable with respect to fiscal year 1992, see section 905(b)(6) of Pub. L. 102–375, set out as an Effective Date of 1992 Amendment note under section 3001 of this title.

Declaration of Purpose

Pub. L. 102–375, title VII, § 703(a), , 106 Stat. 1282, provided that: “The purpose of this section [enacting this subpart] is to assist States in the design, development, and coordination of comprehensive services of the State and local levels to prevent, treat, and remedy elder abuse, neglect, and exploitation.”

Credits

1992–2020 · 5 acts
  1. 1992Pub. L. 89–73, title VII, § 721, as added Pub. L. 102–375, title VII, § 703(b), , 106 Stat. 1282
  2. 2000amended Pub. L. 106–501, title VII, § 705, title VIII, § 801(e)(3), , 114 Stat. 2290, 2293
  3. 2006Pub. L. 109–365, title VII, § 702, , 120 Stat. 2591
  4. 2016Pub. L. 114–144, § 8(e), , 130 Stat. 351
  5. 2020Pub. L. 116–131, title VI, § 603, title VII, § 701(12), , 134 Stat. 269, 272.
Show as published

(Pub. L. 89–73, title VII, § 721, as added Pub. L. 102–375, title VII, § 703(b), , 106 Stat. 1282; amended Pub. L. 106–501, title VII, § 705, title VIII, § 801(e)(3), , 114 Stat. 2290, 2293; Pub. L. 109–365, title VII, § 702, , 120 Stat. 2591; Pub. L. 114–144, § 8(e), , 130 Stat. 351; Pub. L. 116–131, title VI, § 603, title VII, § 701(12), , 134 Stat. 269, 272.)

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