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S05300 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5300
 
                               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
 
        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
    20  other approval to provide care to a service recipient. (For state  enti-
    21  ties  bound by collective bargaining, such action established by collec-
    22  tive bargaining shall govern.)
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10142-01-7

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