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S07232 Summary:

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S07232 Floor Votes:

S07232 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7232--A
            Cal. No. 916
 
                    IN SENATE
 
                                       May 7, 2014
                                       ___________
 
        Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
          printed to be committed to the Committee on Mental Health and Develop-
          mental Disabilities -- reported favorably from said committee, ordered
          to first and second report, ordered to a third  reading,  amended  and
          ordered reprinted, retaining its place in the order of third reading
 

        AN  ACT  to  amend the executive law, in relation to ensuring the safety
          and rights of an individual with a disability or a vulnerable person
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 553 of the executive law is amended by adding a new
     2  subdivision 28 to read as follows:
     3    28.  To  carry  out investigations by observing critical protocols and
     4  procedures to ensure the safety of a vulnerable  person  or  persons  in
     5  light  of  their  clinical, personal considerations and the need for the
     6  timely completion of an  effective  investigation.  Such  protocols  and
     7  procedures shall be developed by the justice center in consultation with

     8  the  advisory  council  established  pursuant  to  section  five hundred
     9  sixty-one of this article and the appropriate state agency.    Protocols
    10  and  procedures  developed jointly by the director of the justice center
    11  and the respective state oversight agency shall be considered final upon
    12  agreement between the director and any such commissioner and  shall  not
    13  depend  on  a final agreement between the director of the justice center
    14  and all affected agency commissioners.   Such protocols  and  procedures
    15  shall include:
    16    (a)  In  the  event  that it is necessary to obtain information in the
    17  course of an investigation  from  a  vulnerable  person,  protocols  and
    18  procedures  shall  be established for ascertaining whether or not inter-

    19  viewing such person is clinically contraindicated prior to  such  inter-
    20  view  taking  place.   Nothing in this subdivision shall be construed to
    21  require a formal clinical assessment prior to interviewing a  vulnerable
    22  person.
    23    (i)  For those vulnerable persons subject to an interview, the justice
    24  center shall develop appropriate procedures and protocols to ensure that
    25  any interview is conducted safely and in a timely fashion  in  light  of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15035-11-4
        S. 7232--A                          2
 

     1  relevant  clinical,  behavioral and other facts relating to the individ-
     2  ual's disability, safety and wellbeing.  Such protocols  and  procedures
     3  shall also recognize any ability the vulnerable person may have to advo-
     4  cate  on his or her own behalf by providing information to facilitate an
     5  investigation to enhance his or her own safety  and  wellbeing  and  the
     6  safety and wellbeing of others.
     7    (ii)  In  the  event  that an interview is clinically contraindicated,
     8  despite the provision of appropriate procedures and protocols, including
     9  special accommodations  for  effectively  and  safely  obtaining  timely
    10  information  in  light  of the person's clinical characteristics such as

    11  the presence of a personal representative as  defined  in  section  four
    12  hundred  eighty-eight  of the social services law, the vulnerable person
    13  shall be exempt from such interview.   However, the justice  center  may
    14  determine  not  to grant such exemption if, in accordance with protocols
    15  and procedures developed pursuant to this section,  it  determines  that
    16  there  exists  an  overriding  health and safety need to proceed with an
    17  interview of the vulnerable person and provided that the justice  center
    18  takes necessary means to protect such vulnerable person's health, safety
    19  and wellbeing during such interview.
    20    (b)  Procedures  to  inform  a vulnerable person and/or their personal

    21  representative of the protocols used  in  an  interview  and  that  such
    22  interview  is  voluntary.  Further,  if  applicable as determined by the
    23  justice center, the vulnerable person shall be informed that any  search
    24  of  the  vulnerable  individual's  person or property shall also be done
    25  voluntarily.  Such procedures shall include:
    26    (i) Appropriate notification to a vulnerable  person  as  to  what  to
    27  expect in an interview;
    28    (ii)  An  appropriate  means of interviewing a vulnerable person given
    29  the limitations such individual may have in comprehending  questions  as
    30  well as given linguistic and cultural barriers to such understanding;
    31    (iii) Appropriate notification, when at all advisable given the nature

    32  of  an  investigation  to  a  personal  representative that a vulnerable
    33  person shall be questioned or subject to an interview and to enable such
    34  personal representative to provide any information which they believe is
    35  necessary to protect the individual;
    36    (iv) Procedures for determining under  what  circumstance  a  personal
    37  representative  shall  accompany  an  individual  with a disability or a
    38  vulnerable person during an interview.
    39    (c) Procedures to facilitate the preparation of pertinent information,
    40  including clinical information, necessary to safely conduct an  investi-
    41  gation  pursuant  to  this section, including timely notification by the
    42  justice center to the appropriate administrative personnel of the agency

    43  serving such vulnerable person that such information will  be  required.
    44  Such  information  shall be readily available to the justice center on a
    45  form it prescribes prior to any contact between the justice  center  and
    46  such individual.
    47    §  2.  Subdivision  4 of section 553 of the executive law, as added by
    48  section 3 of part A of chapter 501 of the laws of 2012,  is  amended  to
    49  read as follows:
    50    4.  To  develop standards and training curricula for investigators who
    51  will be assigned to investigate reportable incidents  involving  vulner-
    52  able  persons,  and  to provide periodic training to such investigators.
    53  Such standards, curricula and training shall address  topics  including,
    54  but not limited to: (a) how to identify and investigate reportable inci-

    55  dents; (b) the duty to report reportable incidents; (c) the requirements
    56  of  all  codes  of  conduct;  (d) all applicable disciplinary processes;
        S. 7232--A                          3
 
     1  [and] (e) protocols and procedures pursuant to subdivision  twenty-eight
     2  of this section; and (f) employees' rights pursuant to this article;
     3    §  3.  Protocols and procedure required by this act shall be developed
     4  by January 1, 2015 and shall be submitted to the majority leader of  the
     5  senate  and  the  speaker of the assembly and implemented by the justice
     6  center by March 1, 2015.  Regulations describing and  implementing  such
     7  protocols and procedures shall be finalized no later than April 1, 2015.
     8    § 4. This act shall take effect immediately.