N.Y. Social Services Law 495 – Register of substantiated category one cases of abuse or neglect
§ 495. Register of substantiated category one cases of abuse or neglect. 1. The justice center shall develop and maintain a register of subjects of reports who have been found to have a substantiated category one case of abuse or neglect, in accordance with paragraph (a) of subdivision four of section four hundred ninety-three of this article, and who have: (a) not requested an amendment of the findings of the report in the time specified in subdivision one of section four hundred ninety-four of this article; or (b) been heard pursuant to such subdivision and all the findings of the report were not amended to be unsubstantiated.
Terms Used In N.Y. Social Services Law 495
- Abuse or neglect: shall mean the conduct described in paragraphs (a) through (h) of subdivision one of this section. See N.Y. Social Services Law 488
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Custodian: means a director, operator, employee or volunteer of a facility or provider agency; or a consultant or an employee or volunteer of a corporation, partnership, organization or governmental entity which provides goods or services to a facility or provider agency pursuant to contract or other arrangement that permits such person to have regular and substantial contact with individuals who are cared for by the facility or provider agency. See N.Y. Social Services Law 488
- Justice center: shall mean the justice center for the protection of people with special needs. See N.Y. Social Services Law 488
- Oversight: Committee review of the activities of a Federal agency or program.
- provider agency: shall mean :
(a) a facility or program in which services are provided and which is operated, licensed or certified by the office of mental health, the office for people with developmental disabilities or the office of addiction services and supports, including but not limited to psychiatric centers, inpatient psychiatric units of a general hospital, developmental centers, intermediate care facilities, community residences, group homes and family care homes, provided, however, that such term shall not include a secure treatment facility as defined in § 10. See N.Y. Social Services Law 488 - service recipient: shall mean an individual who resides or is an inpatient in a residential facility or who receives services from a facility or provider agency. See N.Y. Social Services Law 488
- State oversight agency: shall mean the state agency that operates, licenses or certifies an applicable facility or provider agency; provided however that such term shall only include the following entities: the office of mental health, the office for people with developmental disabilities, the office of alcoholism and substance abuse services, the office of children and family services, the department of health and the state education department. See N.Y. Social Services Law 488
- Vulnerable person: shall mean a person who, due to physical or cognitive disabilities, or the need for services or placement, is receiving services from a facility or provider agency. See N.Y. Social Services Law 488
2. All facility and provider agencies, other providers of services to vulnerable persons in programs licensed, certified or funded by any state oversight agency and other provider and licensing agencies as defined in subdivision three or four of section four hundred twenty-four-a of this chapter shall check the register of substantiated category one cases of abuse or neglect before determining whether to hire or otherwise allow any person as an employee, administrator, consultant, intern, volunteer or contractor who will have the potential for regular and substantial contact with a service recipient or before approving an applicant for a license, certificate, permit or other approval to provide care to a service recipient. (For state entities bound by collective bargaining, such action established by collective bargaining shall govern.)
3. If a person is listed on the register of substantiated category one cases of abuse or neglect, a facility or provider agency and all other providers of services to vulnerable persons in programs licensed or certified by any state oversight agency shall not hire such a person to have regular and substantial contact with a service recipient in any such facility or program. Other providers or licensing agencies as defined in subdivision three or four of section four hundred twenty-four-a of this chapter shall determine whether to hire or allow such a person to have regular or substantial contact with a service recipient in accordance with the provisions of subdivision five of section four hundred twenty-four-a of this chapter.
4. A custodian shall be subject to immediate termination if he or she is convicted of any crime as defined in subdivision six of § 10.00 of the penal law that relates directly to the abuse or neglect of a vulnerable person, or is placed on the register of substantiated category one cases of abuse or neglect. (For state entities bound by collective bargaining, such action established by collective bargaining shall govern.)
5. Placement on the register shall be permanent, unless the office is officially notified of the individual's death.
6. Nothing in this article shall diminish the rights or remedies otherwise available under law, regulation or appropriate collective bargaining agreements of any facility or provider agency with respect to the termination or discipline of employees.