Bill Text: NY S07414 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to the requirement to check the justice center's register of substantial category one cases of abuse or neglect.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2016-06-08 - referred to codes [S07414 Detail]
Download: New_York-2015-S07414-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7414 IN SENATE April 29, 2016 ___________ Introduced by Sen. CARLUCCI -- (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 34 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 residential health care facility licensed 9 under article twenty-eight of the public health law, any certified home 10 health agency, licensed home care services agency or long term home 11 health care program certified under article thirty-six of the public 12 health law, any adult home, enriched housing program or residence for 13 adults licensed under article seven of this chapter and other provider 14 and licensing agencies as defined in subdivision three or four of 15 section four hundred twenty-four-a of this chapter shall check the 16 register of substantiated category one cases of abuse or neglect before 17 determining whether to hire or otherwise allow any person as an employ- 18 ee, administrator, consultant, intern, volunteer or contractor who will 19 have the potential for regular and substantial contact with a service 20 recipient or before approving an applicant for a license, certificate, 21 permit or other approval to provide care to a service recipient. (For 22 state entities bound by collective bargaining, such action established 23 by collective bargaining shall govern.) 24 (b) An inquiry regarding any current employee, administrator, consult- 25 ant, intern, volunteer or contractor who will have the potential for EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14280-02-6S. 7414 2 1 regular and substantial contact with a service recipient may be made 2 only once in any six-month period. 3 3. If a person is listed on the register of substantiated category one 4 cases of abuse or neglect, a facility or provider agency and all other 5 providers of services to vulnerable persons, as defined in subdivision 6 fifteen of section four hundred eighty-eight of this article, in 7 programs licensed or certified by any state oversight agency shall not 8 hire such a person to have regular and substantial contact with a 9 service recipient in any such facility or program. Other providers of 10 services defined in subdivision two of this section, except providers or 11 licensing agencies as defined in subdivision three or four of section 12 four hundred twenty-four-a of this chapter, shall determine whether to 13 hire or allow such a person to have regular and substantial contact with 14 a service recipient in accordance with guidelines established by the 15 executive director of the justice center for the protection of people 16 with special needs. Other providers or licensing agencies as defined in 17 subdivision three or four of section four hundred twenty-four-a of this 18 chapter shall determine whether to hire or allow such a person to have 19 regular or substantial contact with a service recipient in accordance 20 with the provisions of subdivision five of section four hundred twenty- 21 four-a of this chapter. 22 § 2. Subdivision 7 of section 424-a of the social services law, as 23 added by section 8 of part D of chapter 501 of the laws of 2012, is 24 amended to read as follows: 25 7. Any facility[,] or provider agency, [or program] as defined in 26 subdivision four of section four hundred eighty-eight of this chapter, 27 that is required to conduct an inquiry pursuant to section four hundred 28 ninety-five of this chapter before determining whether to hire or other- 29 wise allow any person as an employee, administrator, consultant, intern, 30 volunteer or contractor who will have the potential for regular and 31 substantial contact with a service recipient shall first conduct the 32 inquiry required under such section. If the result of the inquiry under 33 section four hundred ninety-five of this chapter is that the person 34 about whom the inquiry is made is on the register of substantiated cate- 35 gory one cases of abuse or neglect and [the] such facility or provider 36 agency is required to deny the application in accordance with article 37 eleven of this chapter, the facility or provider agency shall not be 38 required to make an inquiry of the office under this section. 39 § 3. This act shall take effect on the sixtieth day after it shall 40 have become a law.
