Relates to providing licensed facilities, provider agencies, and other providers of services a summary of final substantiated reports of category two conduct of an employee or volunteer.
STATE OF NEW YORK
________________________________________________________________________
7465
2023-2024 Regular Sessions
IN SENATE
May 30, 2023
___________
Introduced by Sen. MANNION -- (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 Disabil-
ities
AN ACT to amend the executive law, in relation to providing licensed
facilities, provider agencies, and other providers of services a
summary of final substantiated reports of category two conduct of an
employee or volunteer
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 562 of the executive law, as added by section 3 of
2 part A of chapter 501 of the laws of 2012, subdivision 1 as amended by
3 chapter 234 of the laws of 2021, is amended to read as follows:
4 § 562. [Abuse and neglect] Category two findings, additional notifica-
5 tion. 1. (a) Upon [receiving a request for criminal history information,
6 pursuant to section eight hundred forty-five-b of this chapter, for a
7 prospective employee or volunteer of] a facility or provider agency, or
8 other provider of services licensed, operated, or certified by [the
9 office for people with developmental disabilities] a state oversight
10 agency completing the check of the register of substantiated category
11 one cases of abuse or neglect required by section four hundred ninety-
12 five of the social services law, the justice center shall furnish a
13 summary of any substantiated reports in its possession regarding a final
14 finding of category two conduct [pursuant to section four hundred nine-
15 ty-three of the social services law, by a] for such prospective employee
16 or volunteer. The justice center shall provide such summary report to
17 the authorized person as defined in paragraph (b) of subdivision one of
18 section eight hundred forty-five-b of this chapter and at that same time
19 furnish such documents to the prospective employee or volunteer at the
20 address for such person listed on the request.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06310-01-3
S. 7465 2
1 (b) Notwithstanding paragraph (a) of this subdivision, a facility or
2 provider [licensed, operated or certified by the office for people with
3 developmental disabilities] entitled to receive the notification pursu-
4 ant to paragraph (a) of this subdivision shall also be provided a summa-
5 ry of any final finding of category two conduct pursuant to section four
6 hundred ninety-three of the social services law, for a current employee
7 or volunteer, where the substantiated category two conduct in such
8 summary occurred at another facility or provider agency. The justice
9 center shall additionally provide such summary to the employee or volun-
10 teer if such summary has not previously been provided.
11 (c) For the purposes of this subdivision, a final finding of category
12 two conduct shall mean a substantiated finding in accordance with
13 section four hundred ninety-three of the social services law for which
14 all relevant hearings and appeals have been exhausted and has not been
15 sealed in accordance with section four hundred ninety-three or four
16 hundred ninety-four of the social services law.
17 2. The summary report provided by the justice center to a provider of
18 services pursuant to subdivision one of this section shall be received
19 by the provider subject to the confidentiality provisions of subdivision
20 seven of section eight hundred forty-five-b of this chapter.
21 § 2. This act shall take effect on the one hundred eightieth day after
22 it shall have become a law.
