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S05300 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5300--A
 
                               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
 
        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  subdivision  six  of
     9  section  twenty-eight  hundred ninety-nine of the public health law and,
    10  except for a state or local governmental official who receives an appli-
    11  cation for a permit to operate a camp that is subject to the  provisions
    12  of  article  thirteen-b  of  the  public  health law, other provider and
    13  licensing agencies as defined in subdivision three or  four  of  section
    14  four  hundred  twenty-four-a of this chapter shall check the register of
    15  substantiated category one cases of abuse or neglect before  determining
    16  whether  to  hire or otherwise allow any person as an employee, adminis-
    17  trator, consultant, intern, volunteer or contractor who  will  have  the
    18  potential  for  regular and substantial contact with a service recipient
    19  or before approving an applicant for a license, certificate,  permit  or
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10142-04-8

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