Bill Text: NY A09733 | 2013-2014 | General Assembly | Amended
Bill Title: Makes technical changes to the protection of people with special needs act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-07-22 - signed chap.126 [A09733 Detail]
Download: New_York-2013-A09733-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
9733--A
I N A S S E M B L Y
May 20, 2014
___________
Introduced by M. of A. GUNTHER -- (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 correction law, the education law and the social
services law, in relation to making technical changes to the
protection of people with special needs act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision 1 of section 401-a of the correction law, as
2 amended by section 6 of part A of chapter 501 of the laws of 2012, is
3 amended to read as follows:
4 1. The justice center for the protection of people with special needs
5 shall be responsible for monitoring the quality of mental health care
6 provided to inmates pursuant to article [forty-five of the mental
7 hygiene law] TWENTY OF THE EXECUTIVE LAW. The justice center shall have
8 direct and immediate access to all areas where state prisoners are
9 housed, and to clinical and department records relating to inmates'
10 clinical conditions. The justice center shall maintain the confidential-
11 ity of all patient-specific information.
12 S 2. Subdivision (b) of section 4212 of the education law, as amended
13 by section 1-a of part E of chapter 501 of the laws of 2012, is amended
14 to read as follows:
15 (b) Provide for the development and implementation of a plan of
16 prevention and remediation with respect to a substantiated report of [a
17 reportable incident] ABUSE OR NEGLECT. Such action shall include: (i)
18 within ten days of receipt of such a SUBSTANTIATED report [of a report-
19 able incident], development and implementation of a plan of prevention
20 and remediation to be taken with respect to a custodian or the residen-
21 tial facility in order to assure the continued health and safety of
22 children and to provide for the prevention of future acts constituting
23 reportable incidents; and (ii) development and implementation of a plan
24 of prevention and remediation, in the event an investigation of a report
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14151-04-4
A. 9733--A 2
1 of an [alleged reportable incident] ALLEGATION OF ABUSE OR NEGLECT
2 determines that [some credible] A PREPONDERANCE OF THE evidence of such
3 [reportable incident] ALLEGATION exists and such [reportable incident]
4 SUBSTANTIATED ALLEGATION may be attributed in whole or in part to
5 noncompliance by the residential facility or program with provisions of
6 this chapter or regulations of the department applicable to the opera-
7 tion of a residential facility or program. Any plan of prevention and
8 remediation required to be developed by a facility supervised by the
9 department shall be submitted to and approved by the department in
10 accordance with time limits established by regulations of the depart-
11 ment. Implementation of the plan shall be monitored by the department.
12 In reviewing the continued qualifications of a residential facility or
13 program for an operating certificate, the department shall evaluate such
14 facility's compliance with plans of prevention and remediation developed
15 and implemented pursuant to this subdivision.
16 S 3. Subdivision (b) of section 4314 of the education law, as amended
17 by section 2 of part E of chapter 501 of the laws of 2012, is amended
18 and a new paragraph (vii) is added to subdivision (a) to read as
19 follows:
20 (VII) CONSISTENT WITH APPLICABLE COLLECTIVE BARGAINING AGREEMENTS,
21 ASSURING THAT AN INDIVIDUAL WHO HAS COMMITTED A CATEGORY ONE OFFENSE, AS
22 DEFINED IN PARAGRAPH (A) OF SUBDIVISION FOUR OF SECTION FOUR HUNDRED
23 NINETY-THREE OF THE SOCIAL SERVICES LAW, THAT IS INCLUDED ON THE VULNER-
24 ABLE PERSONS' CENTRAL REGISTER IS NOT HIRED OR OTHERWISE USED IN ANY
25 POSITION IN WHICH SUCH INDIVIDUAL WOULD HAVE REGULAR AND SUBSTANTIAL
26 CONTACT WITH A SERVICE RECIPIENT IN ANY PROGRAM DESCRIBED IN PARAGRAPH
27 (E) OF SUBDIVISION FOUR OF SECTION FOUR HUNDRED EIGHTY-EIGHT OF THE
28 SOCIAL SERVICES LAW.
29 (b) Provide for the development and implementation of a plan of
30 prevention and remediation with respect to a substantiated report of [a
31 reportable incident] ABUSE OR NEGLECT. Such action shall include: (i)
32 within ten days of receipt of such a SUBSTANTIATED report [of a report-
33 able incident], development and implementation of a plan of prevention
34 and remediation to be taken with respect to a custodian or the residen-
35 tial facility in order to assure the continued health and safety of
36 children and to provide for the prevention of future acts constituting
37 reportable incidents; and (ii) development and implementation of a plan
38 of prevention and remediation, in the event an investigation of a report
39 of an [alleged reportable incident] ALLEGATION OF ABUSE OR NEGLECT
40 determines that [some credible] A PREPONDERANCE OF THE evidence of such
41 [reportable incident] ALLEGATION exists and such [reportable incident]
42 SUBSTANTIATED ALLEGATION may be attributed in whole or in part to
43 noncompliance by the residential facility or program with provisions of
44 this chapter or regulations of the department applicable to the opera-
45 tion of such residential facility or program. Any plan of prevention and
46 remediation required to be developed pursuant to this subdivision by a
47 facility supervised by the department shall be submitted to and approved
48 by the department in accordance with time limits established by regu-
49 lations of the department. Implementation of the plan shall be monitored
50 by the department. In reviewing the continued qualifications of a resi-
51 dential facility or program for an operating certificate, the department
52 shall evaluate such facility's compliance with plans of prevention and
53 remediation developed and implemented pursuant to this subdivision.
54 S 4. Subdivision (b) of section 4358 of the education law, as amended
55 by section 3 of part E of chapter 501 of the laws of 2012, is amended
A. 9733--A 3
1 and a new paragraph (vii) is added to subdivision (a) to read as
2 follows:
3 (VII) CONSISTENT WITH APPLICABLE COLLECTIVE BARGAINING AGREEMENTS,
4 ASSURING THAT AN INDIVIDUAL WHO HAS COMMITTED A CATEGORY ONE OFFENSE, AS
5 DEFINED IN PARAGRAPH (A) OF SUBDIVISION FOUR OF SECTION FOUR HUNDRED
6 NINETY-THREE OF THE SOCIAL SERVICES LAW, THAT IS INCLUDED ON THE VULNER-
7 ABLE PERSONS' CENTRAL REGISTER IS NOT HIRED OR OTHERWISE USED IN ANY
8 POSITION IN WHICH SUCH INDIVIDUAL WOULD HAVE REGULAR AND SUBSTANTIAL
9 CONTACT WITH A SERVICE RECIPIENT IN ANY PROGRAM DESCRIBED IN PARAGRAPH
10 (E) OF SUBDIVISION FOUR OF SECTION FOUR HUNDRED EIGHTY-EIGHT OF THE
11 SOCIAL SERVICES LAW.
12 (b) Provide for the development and implementation of a plan of
13 prevention and remediation with respect to a substantiated report of [a
14 reportable incident] ABUSE OR NEGLECT. Such action shall include: (i)
15 within ten days of receipt of such a SUBSTANTIATED report [of a report-
16 able incident], development and implementation of a plan of prevention
17 and remediation to be taken with respect to a custodian or the residen-
18 tial facility in order to assure the continued health and safety of
19 children and to provide for the prevention of future acts constituting
20 reportable incidents; and (ii) development and implementation of a plan
21 of prevention and remediation, in the event an investigation of a report
22 of an [alleged reportable incident] ALLEGATION OF ABUSE OR NEGLECT
23 determines that [some credible] A PREPONDERANCE OF THE evidence of such
24 [reportable incident] ALLEGATION exists and such [reportable incident]
25 SUBSTANTIATED ALLEGATION may be attributed in whole or in part to
26 noncompliance by the residential facility or program with provisions of
27 this chapter or regulations of the department applicable to the opera-
28 tion of such residential facility or program. Any plan of prevention and
29 remediation required to be developed pursuant to this subdivision by a
30 facility supervised by the department shall be submitted to and approved
31 by the department in accordance with time limits established by regu-
32 lations of the department. Implementation of the plan shall be monitored
33 by the department. In reviewing the continued qualifications of a resi-
34 dential facility or program for an operating certificate, the department
35 shall evaluate such facility's compliance with plans of prevention and
36 remediation developed and implemented pursuant to this subdivision.
37 S 5. Subdivision 12 of section 4403 of the education law, as amended
38 by section 4 of part E of chapter 501 of the laws of 2012, is amended
39 and a new paragraph (g) is added to subdivision 11 to read as follows:
40 (G) CONSISTENT WITH APPLICABLE COLLECTIVE BARGAINING AGREEMENTS,
41 ASSURING THAT AN INDIVIDUAL WHO HAS COMMITTED A CATEGORY ONE OFFENSE, AS
42 DEFINED IN PARAGRAPH (A) OF SUBDIVISION FOUR OF SECTION FOUR HUNDRED
43 NINETY-THREE OF THE SOCIAL SERVICES LAW, THAT IS INCLUDED ON THE VULNER-
44 ABLE PERSONS' CENTRAL REGISTER IS NOT HIRED OR OTHERWISE USED IN ANY
45 POSITION IN WHICH SUCH INDIVIDUAL WOULD HAVE REGULAR AND SUBSTANTIAL
46 CONTACT WITH A SERVICE RECIPIENT IN ANY PROGRAM DESCRIBED IN PARAGRAPH
47 (E) OF SUBDIVISION FOUR OF SECTION FOUR HUNDRED EIGHTY-EIGHT OF THE
48 SOCIAL SERVICES LAW.
49 12. To provide for the development and implementation of a plan of
50 prevention and remediation with respect to a substantiated report of [a
51 reportable incident] ABUSE OR NEGLECT. Such action shall include: (a)
52 within ten days of receipt of SUCH a substantiated report [of a report-
53 able incident], development and implementation of a plan of prevention
54 and remediation to be taken with respect to a custodian or the residen-
55 tial facility in order to assure the continued health and safety of
56 children and to provide for the prevention of future acts constituting
A. 9733--A 4
1 reportable incidents; and (b) development and implementation of a plan
2 of prevention and remediation, in the event an investigation of [a
3 report of an alleged reportable incident] AN ALLEGATION OF ABUSE OR
4 NEGLECT determines that [some credible] A PREPONDERANCE OF THE evidence
5 of such [reportable incident] ALLEGATION exists and such [reportable
6 incident] SUBSTANTIATED ALLEGATION may be attributed in whole or in part
7 to noncompliance by the residential facility or program with provisions
8 of this chapter or regulations of the department applicable to the oper-
9 ation of such residential facility or program. Any plan of prevention
10 and remediation required to be developed pursuant to this subdivision by
11 a facility supervised by the department shall be submitted to and
12 approved by the department in accordance with time limits established by
13 regulations of the department. Implementation of the plan shall be moni-
14 tored by the department. In reviewing the continued qualifications of a
15 residential facility or program for an operating certificate, the
16 department shall evaluate such facility's compliance with plans of
17 prevention and remediation developed and implemented pursuant to this
18 subdivision.
19 S 6. Paragraph (a) of subdivision 1 of section 413 of the social
20 services law, as amended by chapter 554 of the laws of 2013, is amended
21 to read as follows:
22 (a) The following persons and officials are required to report or
23 cause a report to be made in accordance with this title when they have
24 reasonable cause to suspect that a child coming before them in their
25 professional or official capacity is an abused or maltreated child, or
26 when they have reasonable cause to suspect that a child is an abused or
27 maltreated child where the parent, guardian, custodian or other person
28 legally responsible for such child comes before them in their profes-
29 sional or official capacity and states from personal knowledge facts,
30 conditions or circumstances which, if correct, would render the child an
31 abused or maltreated child: any physician; registered physician assist-
32 ant; surgeon; medical examiner; coroner; dentist; dental hygienist;
33 osteopath; optometrist; chiropractor; podiatrist; resident; intern;
34 psychologist; registered nurse; social worker; emergency medical techni-
35 cian; licensed creative arts therapist; licensed marriage and family
36 therapist; licensed mental health counselor; licensed psychoanalyst;
37 licensed behavior analyst; certified behavior analyst assistant; hospi-
38 tal personnel engaged in the admission, examination, care or treatment
39 of persons; a Christian Science practitioner; school official, which
40 includes but is not limited to school teacher, school guidance counse-
41 lor, school psychologist, school social worker, school nurse, school
42 administrator or other school personnel required to hold a teaching or
43 administrative license or certificate; social services worker; director
44 of a children's overnight camp, summer day camp or traveling summer day
45 camp, as such camps are defined in section thirteen hundred ninety-two
46 of the public health law; day care center worker; school-age child care
47 worker; provider of family or group family day care; EMPLOYEE OR VOLUN-
48 TEER IN A RESIDENTIAL CARE FACILITY FOR CHILDREN THAT IS LICENSED,
49 CERTIFIED OR OPERATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES; or
50 any other child care or foster care worker; mental health professional;
51 substance abuse counselor; alcoholism counselor; all persons creden-
52 tialed by the office of alcoholism and substance abuse services; peace
53 officer; police officer; district attorney or assistant district attor-
54 ney; investigator employed in the office of a district attorney; or
55 other law enforcement official.
A. 9733--A 5
1 S 7. Paragraph (a) of subdivision 1 of section 424-a of the social
2 services law, as amended by chapter 634 of the laws of 1988, is amended
3 to read as follows:
4 (a) A licensing agency shall inquire of the department and the depart-
5 ment shall, subject to the provisions of paragraph (e) of this subdivi-
6 sion, inform such agency and the subject of the inquiry whether an
7 applicant for a certificate, license or permit, assistants to group
8 family day care providers, the director of a camp subject to the
9 provisions of article [thirteen-A,] thirteen-B [or thirteen-C] of the
10 public health law, and any person over the age of eighteen who resides
11 in the home of a person who has applied to become an adoptive parent or
12 a foster parent or to operate a family day care home or group family day
13 care home has been or is currently the subject of an indicated child
14 abuse and maltreatment report on file with the statewide central regis-
15 ter of child abuse and maltreatment.
16 S 8. Paragraph (a) of subdivision 2 of section 424-a of the social
17 services law, as amended by section 8-a of part D of chapter 501 of the
18 laws of 2012, is amended to read as follows:
19 (a) Upon notification by the office or by a child care resource and
20 referral program in accordance with subdivision six of this section that
21 any person who has applied to a licensing agency for a license, certif-
22 icate or permit or who seeks to become an employee of a provider agency,
23 or to accept a child for adoptive placement or who will be hired as a
24 consultant or used as a volunteer by a provider agency, or that any
25 other person about whom an inquiry is made to the office pursuant to the
26 provisions of this section is the subject of an indicated report, the
27 licensing or provider agency shall determine on the basis of information
28 it has available whether to approve such application or retain the
29 employee or hire the consultant or use the volunteer or permit an
30 employee of another person, corporation, partnership or association to
31 have access to the individuals cared for by the provider agency,
32 provided, however, that if such application is approved, or such employ-
33 ee is retained or consultant hired or volunteer used or person permitted
34 to have access to the children cared for by such agency the licensing or
35 provider agency shall maintain a written record, as part of the applica-
36 tion file or employment record, of the specific reasons why such person
37 was determined to be appropriate to receive a foster care or adoption
38 placement or to provide day care services, to be the director of a camp
39 subject to the provisions of article [thirteen-A or] thirteen-B of the
40 public health law, to be employed, to be retained as an employee, to be
41 hired as a consultant, used as a volunteer or to have access to the
42 individuals cared for by the agency.
43 S 9. Subdivision 4 of section 424-a of the social services law, as
44 amended by section 8 of part D of chapter 501 of the laws of 2012, is
45 amended to read as follows:
46 4. For purposes of this section, the term "licensing agency" shall
47 mean an authorized agency which has received an application to become an
48 adoptive parent or an authorized agency which has received an applica-
49 tion for a certificate or license to receive, board or keep any child
50 pursuant to the provisions of section three hundred seventy-six or three
51 hundred seventy-seven of this article or an authorized agency which has
52 received an application from a relative within the second degree or
53 third degree of consanguinity of the parent of a child or a relative
54 within the second degree or third degree of consanguinity of the step-
55 parent of a child or children, or the child's legal guardian for
56 approval to receive, board or keep such child or a state or local
A. 9733--A 6
1 governmental agency which receives an application to provide child day
2 care services in a child day care center, school-age child care program,
3 family day care home or group family day care home pursuant to the
4 provisions of section three hundred ninety of this article, or the
5 department of health and mental hygiene of the city of New York, when
6 such department receives an application for a certificate of approval to
7 provide child day care services in a child day care center pursuant to
8 the provisions of the health code of the city of New York, or the office
9 of mental health or the office for people with developmental disabili-
10 ties when such office receives an application for an operating certif-
11 icate pursuant to the provisions of the mental hygiene law to operate a
12 family care home [which will serve children], or a state or local
13 governmental official who receives an application for a permit to oper-
14 ate a camp which is subject to the provisions of article [thirteen-A or]
15 thirteen-B of the public health law or the office of children and family
16 services which has received an application for a certificate to receive,
17 board or keep any child at a foster family home pursuant to articles
18 nineteen-G and nineteen-H of the executive law or any other facility or
19 provider agency, as defined in subdivision four of section four hundred
20 eighty-eight of this chapter, in regard to any licensing or certif-
21 ication function carried out by such facility or agency.
22 S 10. Subdivision 2 of section 425 of the social services law, as
23 added by chapter 677 of the laws of 1985, is amended to read as follows:
24 2. The department, after consultation with the division for youth, the
25 division of criminal justice services, the department of mental hygiene,
26 the commission on quality of care for the mentally disabled and the
27 state education department shall develop guidelines to be utilized by
28 appropriate state and local governmental agencies and authorized agen-
29 cies as defined by subdivision ten of section three hundred seventy-one
30 of this [chapter] ARTICLE which have responsibility for the care and
31 protection of children, in evaluating persons who have a criminal
32 conviction record and who have applied to such agencies or provider
33 agencies, as defined in subdivision three of section four hundred twen-
34 ty-four-a of this [chapter] TITLE for employment or who have applied to
35 such state agencies or licensing agency as defined in subdivision four
36 of section four hundred twenty-four-a of this [chapter] TITLE, for a
37 license, certificate, permit or approval to be an adoptive parent,
38 provider of day care services in a day care center, family day care home
39 or group family day care home, an operator of a camp subject to the
40 provisions of article [thirteen-A,] thirteen-B [or thirteen-C] of the
41 public health law, or an operator of a foster family home subject to the
42 provisions of subdivision seven of section five hundred one, section
43 five hundred two or subdivision three of section five hundred thirty-
44 two-a[,] of the executive law or section three hundred seventy-six and
45 three hundred seventy-seven of [the social services law] THIS ARTICLE.
46 S 11. Paragraph (d) of subdivision 4 of section 488 of the social
47 services law, as added by section 1 of part B of chapter 501 of the laws
48 of 2012, is amended to read as follows:
49 (d) ANY overnight, summer day and traveling summer day camps for chil-
50 dren with developmental disabilities as defined in regulations promul-
51 gated by the commissioner of health; or
52 S 12. Subdivision 4 of section 491 of the social services law, as
53 added by section 1 of part B of chapter 501 of the laws of 2012, is
54 amended to read as follows:
55 4. A medical or other public or private institution, state agency,
56 school, facility or provider agency OR ITS VENDORS OR CONTRACTORS shall
A. 9733--A 7
1 not take any retaliatory personnel action, as such term is defined in
2 paragraph (e) of subdivision one of section seven hundred forty of the
3 labor law, against an employee or agent OR VENDOR OR CONTRACTOR because
4 such employee or agent OR VENDOR OR CONTRACTOR believes that he or she
5 has reasonable cause to suspect that a vulnerable person has been
6 subjected to a reportable incident and that employee or agent OR VENDOR
7 OR CONTRACTOR therefore makes a report in accordance with this section
8 AND/OR COOPERATED WITH THE INVESTIGATION OF A REPORTABLE INCIDENT. A
9 court of competent jurisdiction may grant injunctive relief to any
10 person determined to have been subjected to such retaliation.
11 S 13. This act shall take effect immediately; provided, however, that
12 if section 12 of chapter 554 of the laws of 2013 shall not have taken
13 effect on or before such date then section six of this act shall take
14 effect on the same date and in the same manner as such chapter of the
15 laws of 2013 takes effect.
