STATE OF NEW YORK ________________________________________________________________________

7682

2021-2022 Regular Sessions

IN ASSEMBLY

May 19, 2021 ___________

Introduced by M. of A. FERNANDEZ -- (at request of the Justice Center for the Protection of People with Special Needs) -- read once and referred to the Committee on Mental Health

AN ACT to amend the social services law, in relation to the requirement to check the justice center's register of substantiated category one cases of abuse or neglect

The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:

1 Section 1. Subdivisions 2 and 3 of section 495 of the social services 2 law, as added by section 1 of part B of chapter 501 of the laws of 2012, 3 are amended to read as follows: 4 2. [All] The following providers of services shall check the register 5 of substantiated category one cases of abuse or neglect before determin- 6 ing whether to hire or otherwise allow any person as an employee, admin- 7 istrator, consultant, intern, volunteer, or contractor who will have the 8 potential for regular and substantial contact with a service recipient 9 or other individual served by such provider, or before approving an 10 applicant for a license, certificate permit, or other approval to 11 provide care to a service recipient or other individual served by such 12 provider: 13 (a) all facility and provider agencies[, other providers of services 14 to vulnerable persons in programs licensed, certified or funded by any 15 state oversight agency]; 16 (b) providers and programs operated, licensed or certified by the 17 office of addiction services and supports, the office of mental health, 18 the office for people with developmental disabilities, and the office of 19 children and family services, except for such providers otherwise 20 required to perform such check under paragraph (c) of this subdivision, 21 overnight, summer day and traveling summer day camps for children 22 subject to the provisions of article thirteen-B of the public health 23 law, except for a state or local governmental official who receives an

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09603-03-1

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1 application for a permit to operate a camp that is subject to the 2 provisions of article thirteen-B of the public health law, and any 3 provider defined in paragraph (a) of subdivision six of section twenty- 4 eight hundred ninety-nine of the public health law; and [other] 5 (c) providers and programs funded by the office of addiction services 6 and supports, the office of mental health, the office for people with 7 developmental disabilities, or programs or providers funded by the 8 office of children and family services not otherwise required to perform 9 such check in accordance with section four hundred twenty-four-a of this 10 chapter, and provider and licensing agencies as defined in subdivision 11 three or four of section four hundred twenty-four-a of this chapter 12 [shall check the register of substantiated category one cases of abuse 13 or neglect before determining whether to hire or otherwise allow any 14 person as an employee, administrator, consultant, intern, volunteer or 15 contractor who will have the potential for regular and substantial 16 contact with a service recipient or before approving an applicant for a 17 license, certificate, permit or other approval to provide care to a 18 service recipient]. 19 2-a. A provider or program required to perform a check of the register 20 of substantiated category one cases of abuse or neglect may make subse- 21 quent inquiries of such register for an individual subject to such 22 initial inquiry, provided that any such subsequent inquiries may be made 23 only once in any six-month period. (For state entities bound by collec- 24 tive bargaining, such action established by collective bargaining shall 25 govern.) 26 3. If a person is listed on the register of substantiated category one 27 cases of abuse or neglect, a [facility or] provider [agency and all 28 other providers of services to vulnerable persons in programs licensed 29 or certified by any state oversight agency] or program described in 30 paragraphs (a) and (b) of subdivision two of this section shall not hire 31 such a person to have regular and substantial contact with [a service 32 recipient] an individual served in or by any such facility or program. 33 Other providers [or licensing agencies as defined in subdivision three 34 or four of section four hundred twenty-four-a of this chapter] or 35 programs described in paragraph (c) of subdivision two of this section 36 shall determine whether to hire or allow such a person to have regular 37 or substantial contact with [a service recipient] an individual served 38 in or by such program or provider in accordance with the provisions of 39 subdivision five of section four hundred twenty-four-a of this chapter 40 or any other relevant guidance from a state agency with regulatory 41 authority over such provider or program, as may be applicable. 42 § 2. Subdivisions 5 and 7 of section 424-a of the social services law, 43 subdivision 5 as amended and subdivision 7 as added by section 8 of part 44 D of chapter 501 of the laws of 2012, are amended to read as follows: 45 5. (a) The office of children and family services, after consultation 46 with the justice center for the protection of people with special needs, 47 the office of mental health, the office for people with developmental 48 disabilities, the office of alcoholism and substance abuse services, the 49 department of health, and the state education department shall develop 50 guidelines to be utilized by a provider agency, as defined by subdivi- 51 sion three of this section, and a licensing agency, as defined by subdi- 52 vision four of this section, in evaluating persons about whom inquiries 53 are made to the office pursuant to this section who are the subjects of 54 indicated reports of child abuse and maltreatment, as defined by subdi- 55 vision four of section four hundred twelve of this chapter or are on the

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1 register of substantiated category one cases of abuse or neglect as 2 defined by section four hundred ninety-five of this chapter. 3 (b) The guidelines developed pursuant to subdivision one of this 4 section shall not supersede similar guidelines developed by local 5 governmental agencies prior to January first, nineteen hundred eighty- 6 six. 7 7. Any facility, provider agency, or program that is required to 8 conduct an inquiry pursuant to section four hundred ninety-five of this 9 chapter before determining whether to hire or otherwise allow any person 10 as an employee, administrator, consultant, intern, volunteer or contrac- 11 tor who will have the potential for regular and substantial contact with 12 a service recipient shall first conduct the inquiry required under such 13 section. If the result of the inquiry under section four hundred nine- 14 ty-five of this chapter is that the person about whom the inquiry is 15 made is on the register of substantiated category one cases of abuse or 16 neglect and [the] such facility or provider agency is required to deny 17 the application in accordance with article eleven of this chapter, the 18 facility or provider agency shall not be required to make an inquiry of 19 the office under this section. 20 § 3. This act shall take effect immediately; provided however that 21 section one of this act shall take effect one year after it shall have 22 become a law and shall apply to any person who is a prospective employ- 23 ee, administrator, consultant, intern, volunteer, or contractor consid- 24 ered for any position in which they would have regular and substantial 25 contact with persons to whom they would be providing care, on or after 26 such date.