Requires certain entities to check the justice center's register of substantiated category one cases of abuse or neglect; prohibits certain providers of services from hiring employees who are on the register of substantiated category one cases of abuse or neglect.
STATE OF NEW YORK
________________________________________________________________________
7682--A
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 -- reported and referred to
the Committee on Codes -- 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. [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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09603-04-1
A. 7682--A 2
1 subject to the provisions of article thirteen-B of the public health
2 law, except for a state or local governmental official who receives an
3 application for a permit to operate a camp that is subject to the
4 provisions of article thirteen-B of the public health law, and any
5 provider defined in paragraph (a) of subdivision six of section twenty-
6 eight hundred ninety-nine of the public health law; and [other]
7 (c) providers and programs funded by the office of addiction services
8 and supports, the office of mental health, the office for people with
9 developmental disabilities, or programs or providers funded by the
10 office of children and family services not otherwise required to perform
11 such check in accordance with section four hundred twenty-four-a of this
12 chapter, and provider and licensing agencies as defined in subdivision
13 three or four of section four hundred twenty-four-a of this chapter
14 [shall check the register of substantiated category one cases of abuse
15 or neglect before determining whether to hire or otherwise allow any
16 person as an employee, administrator, consultant, intern, volunteer or
17 contractor who will have the potential for regular and substantial
18 contact with a service recipient or before approving an applicant for a
19 license, certificate, permit or other approval to provide care to a
20 service recipient]. (For state entities bound by collective bargaining,
21 such action established by collective bargaining shall govern.)
22 2-a. A provider or program required to perform a check of the register
23 of substantiated category one cases of abuse or neglect may make subse-
24 quent inquiries of such register for an individual subject to such
25 initial inquiry, provided that any such subsequent inquiries may be made
26 only once in any six-month period. (For state entities bound by collec-
27 tive bargaining, such action established by collective bargaining shall
28 govern.)
29 3. If a person is listed on the register of substantiated category one
30 cases of abuse or neglect, a [facility or] provider [agency and all
31 other providers of services to vulnerable persons in programs licensed
32 or certified by any state oversight agency] or program described in
33 paragraphs (a) and (b) of subdivision two of this section shall not hire
34 such a person to have regular and substantial contact with [a service
35 recipient] an individual served in or by any such facility or program.
36 Other providers [or licensing agencies as defined in subdivision three
37 or four of section four hundred twenty-four-a of this chapter] or
38 programs described in paragraph (c) of subdivision two of this section
39 shall determine whether to hire or allow such a person to have regular
40 or substantial contact with [a service recipient] an individual served
41 in or by such program or provider in accordance with the provisions of
42 subdivision five of section four hundred twenty-four-a of this chapter
43 or any other relevant guidance from a state agency with regulatory
44 authority over such provider or program, as may be applicable.
45 § 2. Subdivisions 5 and 7 of section 424-a of the social services law,
46 subdivision 5 as amended and subdivision 7 as added by section 8 of part
47 D of chapter 501 of the laws of 2012, are amended to read as follows:
48 5. (a) The office of children and family services, after consultation
49 with the justice center for the protection of people with special needs,
50 the office of mental health, the office for people with developmental
51 disabilities, the office of alcoholism and substance abuse services, the
52 department of health, and the state education department shall develop
53 guidelines to be utilized by a provider agency, as defined by subdivi-
54 sion three of this section, and a licensing agency, as defined by subdi-
55 vision four of this section, in evaluating persons about whom inquiries
56 are made to the office pursuant to this section who are the subjects of
A. 7682--A 3
1 indicated reports of child abuse and maltreatment, as defined by subdi-
2 vision four of section four hundred twelve of this chapter or are on the
3 register of substantiated category one cases of abuse or neglect as
4 defined by section four hundred ninety-five of this chapter.
5 (b) The guidelines developed pursuant to subdivision one of this
6 section shall not supersede similar guidelines developed by local
7 governmental agencies prior to January first, nineteen hundred eighty-
8 six.
9 7. Any facility, provider agency, or program that is required to
10 conduct an inquiry pursuant to section four hundred ninety-five of this
11 chapter before determining whether to hire or otherwise allow any person
12 as an employee, administrator, consultant, intern, volunteer or contrac-
13 tor who will have the potential for regular and substantial contact with
14 a service recipient shall first conduct the inquiry required under such
15 section. If the result of the inquiry under section four hundred nine-
16 ty-five of this chapter is that the person about whom the inquiry is
17 made is on the register of substantiated category one cases of abuse or
18 neglect and [the] such facility or provider agency is required to deny
19 the application in accordance with article eleven of this chapter, the
20 facility or provider agency shall not be required to make an inquiry of
21 the office under this section.
22 § 3. This act shall take effect immediately; provided however that
23 section one of this act shall take effect one year after it shall have
24 become a law and shall apply to any person who is a prospective employ-
25 ee, administrator, consultant, intern, volunteer, or contractor consid-
26 ered for any position in which they would have regular and substantial
27 contact with persons to whom they would be providing care, on or after
28 such date.
