Bill Text: NY S05300 | 2017-2018 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Requires certain entities to check the justice center's register of substantiated category one cases of abuse or neglect and prohibits certain providers of services from hiring employees who are on the register of substantiated category one cases of abuse or neglect.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-05-23 - PRINT NUMBER 5300B [S05300 Detail]
Download: New_York-2017-S05300-Amended.html
Bill Title: Requires certain entities to check the justice center's register of substantiated category one cases of abuse or neglect and prohibits certain providers of services from hiring employees who are on the register of substantiated category one cases of abuse or neglect.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-05-23 - PRINT NUMBER 5300B [S05300 Detail]
Download: New_York-2017-S05300-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5300--A 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 -- recommitted to the Committee on Mental Health and Developmental Disabilities in accordance with Senate Rule 6, sec. 8 -- 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. (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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10142-04-8S. 5300--A 2 1 other approval to provide care to a service recipient. (For state enti- 2 ties bound by collective bargaining, such action established by collec- 3 tive bargaining shall govern.) 4 (b) An inquiry regarding any current employee, administrator, consult- 5 ant, intern, volunteer or contractor who will have the potential for 6 regular and substantial contact with a service recipient may be made 7 only once in any six-month period. 8 3. If a person is listed on the register of substantiated category one 9 cases of abuse or neglect, a facility or provider agency and all other 10 providers of services to vulnerable persons in programs licensed or 11 certified by any state oversight agency shall not hire such a person to 12 have regular and substantial contact with a service recipient in any 13 such facility or program. Other providers of services defined in subdi- 14 vision two of this section, except providers or licensing agencies as 15 defined in subdivision three or four of section four hundred twenty- 16 four-a of this chapter, shall not hire such a person for any position in 17 which the person would have the potential for regular and substantial 18 contact with persons to whom they would be providing care, if the 19 prospective employee is listed on the register of substantiated category 20 one cases of abuse or neglect. Other providers or licensing agencies as 21 defined in subdivision three or four of section four hundred twenty- 22 four-a of this chapter shall determine whether to hire or allow such a 23 person to have regular or substantial contact with a service recipient 24 in accordance with the provisions of subdivision five of section four 25 hundred twenty-four-a of this chapter. 26 § 2. Subdivision 7 of section 424-a of the social services law, as 27 added by section 8 of part D of chapter 501 of the laws of 2012, is 28 amended to read as follows: 29 7. Any facility[,] or provider agency, [or program] as defined in 30 subdivision four of section four hundred eighty-eight of this chapter, 31 that is required to conduct an inquiry pursuant to section four hundred 32 ninety-five of this chapter before determining whether to hire or other- 33 wise allow any person as an employee, administrator, consultant, intern, 34 volunteer or contractor who will have the potential for regular and 35 substantial contact with a service recipient shall first conduct the 36 inquiry required under such section. If the result of the inquiry under 37 section four hundred ninety-five of this chapter is that the person 38 about whom the inquiry is made is on the register of substantiated cate- 39 gory one cases of abuse or neglect and [the] such facility or provider 40 agency is required to deny the application in accordance with article 41 eleven of this chapter, the facility or provider agency shall not be 42 required to make an inquiry of the office under this section. 43 § 3. This act shall take effect one year after it shall have become a 44 law.