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S05300 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5300--B
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                     March 20, 2017
                                       ___________
 
        Introduced  by  Sen.  ORTT  -- (at request of the Justice Center for the
          Protection of People with Special Needs) --  read  twice  and  ordered
          printed,  and  when printed to be committed to the Committee on Mental
          Health and Developmental Disabilities -- recommitted to the  Committee
          on  Mental  Health  and  Developmental Disabilities in accordance with
          Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
          reprinted  as  amended  and recommitted to said committee -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        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. (a) All facility and provider agencies, other providers of services
     5  to vulnerable persons in programs licensed, certified or funded  by  any
     6  state  oversight  agency, overnight, summer day and traveling summer day
     7  camps for children subject to the provisions of  article  thirteen-B  of
     8  the public health law, any provider defined in paragraph (a) of subdivi-
     9  sion  six  of  section  twenty-eight  hundred  ninety-nine of the public
    10  health law and, except for a state or local  governmental  official  who
    11  receives  an  application for a permit to operate a camp that is subject
    12  to the provisions of article thirteen-B of the public health law,  other
    13  provider  and licensing agencies as defined in subdivision three or four
    14  of section four hundred twenty-four-a of this chapter  shall  check  the
    15  register  of substantiated category one cases of abuse or neglect before
    16  determining whether to hire or otherwise allow any person as an  employ-
    17  ee,  administrator, consultant, intern, volunteer or contractor who will
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10142-05-8

        S. 5300--B                          2
 
     1  have the potential for regular and substantial contact  with  a  service
     2  recipient  or  before approving an applicant for a license, certificate,
     3  permit or other approval to provide care to a  service  recipient.  (For
     4  state  entities  bound by collective bargaining, such action established
     5  by collective bargaining shall govern.)
     6    (b) An inquiry regarding any current employee, administrator, consult-
     7  ant, intern, volunteer or contractor who will  have  the  potential  for
     8  regular  and  substantial  contact  with a service recipient may be made
     9  only once in any six-month period.
    10    3. If a person is listed on the register of substantiated category one
    11  cases of abuse or neglect, a facility or provider agency and  all  other
    12  providers  of  services  to  vulnerable  persons in programs licensed or
    13  certified by any state oversight agency shall not hire such a person  to
    14  have  regular  and  substantial  contact with a service recipient in any
    15  such facility or program. Other providers of services defined in  subdi-
    16  vision  two  of  this section, except providers or licensing agencies as
    17  defined in subdivision three or four of  section  four  hundred  twenty-
    18  four-a of this chapter, shall not hire such a person for any position in
    19  which  the  person  would have the potential for regular and substantial
    20  contact with persons to whom  they  would  be  providing  care,  if  the
    21  prospective employee is listed on the register of substantiated category
    22  one  cases of abuse or neglect. Other providers or licensing agencies as
    23  defined in subdivision three or four of  section  four  hundred  twenty-
    24  four-a  of  this chapter shall determine whether to hire or allow such a
    25  person to have regular or substantial contact with a  service  recipient
    26  in  accordance  with  the provisions of subdivision five of section four
    27  hundred twenty-four-a of this chapter.
    28    § 2. Subdivision 7 of section 424-a of the  social  services  law,  as
    29  added  by  section  8  of  part D of chapter 501 of the laws of 2012, is
    30  amended to read as follows:
    31    7. Any facility[,] or provider agency,  [or  program]  as  defined  in
    32  subdivision  four  of section four hundred eighty-eight of this chapter,
    33  that is required to conduct an inquiry pursuant to section four  hundred
    34  ninety-five of this chapter before determining whether to hire or other-
    35  wise allow any person as an employee, administrator, consultant, intern,
    36  volunteer  or  contractor  who  will  have the potential for regular and
    37  substantial contact with a service recipient  shall  first  conduct  the
    38  inquiry  required under such section. If the result of the inquiry under
    39  section four hundred ninety-five of this  chapter  is  that  the  person
    40  about whom the inquiry is made is on the register of substantiated cate-
    41  gory  one  cases of abuse or neglect and [the] such facility or provider
    42  agency is required to deny the application in  accordance  with  article
    43  eleven  of  this  chapter,  the facility or provider agency shall not be
    44  required to make an inquiry of the office under this section.
    45    § 3. This act shall take effect one year after it shall have become  a
    46  law.
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