senate Bill S7400

Enacts the "protection of people with special needs act"

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 08 / May / 2012
    • REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 15 / May / 2012
    • REPORTED AND COMMITTED TO RULES
  • 15 / May / 2012
    • ORDERED TO THIRD READING CAL.810
  • 16 / May / 2012
    • PASSED SENATE
  • 16 / May / 2012
    • DELIVERED TO ASSEMBLY
  • 16 / May / 2012
    • REFERRED TO MENTAL HEALTH

Summary

Enacts the "protection of people with special needs act; enacts various provisions for the protection of persons in state operated and licensed facilities from abuse, neglect and mistreatment; establishes the justice center for the protection of people with special needs.

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Bill Details

Versions:
S7400
Legislative Cycle:
2011-2012
Current Committee:
Law Section:
Executive Law
Laws Affected:
Amd Various Laws, generally

Sponsor Memo

BILL NUMBER:S7400

TITLE OF BILL:

An act
to amend the executive law, the criminal procedure law, the correction
law and the public health law,
in relation to establishing the justice center
for
the protection of people with special needs;
to repeal article 45 of the mental
hygiene law, relating to the state commission on quality of care and
advocacy for persons with disabilities; and establishing the justice
center medical review board (Part A);
to amend the social services law, in relation to the protection of
vulnerable persons (Part B); to amend the county law and
the mental hygiene law, in
relation to reports of abuse or neglect of individuals in
certain
facilities and programs
and repealing certain provisions of the mental hygiene law
relating
thereto; and
to amend the mental hygiene law, in relation to reports of
abuse and mistreatment of vulnerable persons in residential care
and repealing certain provisions of such law relating thereto
(Part C);
to amend the social services law, in relation to the definition of
abused and maltreated child; in relation to mandatory reporting; in
relation to the statewide central register of child abuse and
maltreatment and access to such register; in relation to making
technical corrections relating thereto; and repealing section
412-a,
and other provisions of such law relating
thereto (Part D);
to amend the education law and the vehicle and traffic law,
in relation to the protection of pupils in
residential care from abuse, neglect and maltreatment (Part E);
to amend
the mental hygiene law, the executive law and the social services law,
in relation to review of criminal history information concerning
certain prospective
providers, employees, and individuals credentialed by the office of
alcoholism and
substance abuse services (Part F);
to amend the penal law, in relation to certain crimes of abuse, neglect
or endangering the welfare of certain incompetent, physically disabled,
or vulnerable persons (Part G); and
to repeal chapter 606 of the laws of 2011, amending the mental hygiene
law relating to creating an abuse prevention notification system; and
to repeal chapter 6 of the laws of 2012, amending chapter 606 of the

laws of 2011, amending the mental hygiene law relating to an abuse
prevention notification system (Part H)

PURPOSE:

This legislation would create uniform safeguards for people with
special needs served in residential facilities and day programs by
provider agencies that are operated, licensed or certified by state
agencies to protect them against abuse, neglect and other conduct
that would jeopardize their health, safety and welfare. The
safeguards would be implemented by a newly created Justice Center for
the Protection of People with Special Needs, which would contain a
Special Prosecutor/Inspector General, who would have concurrent
authority with district attorneys to prosecute abuse of neglect of
people with special needs that rises to the level of a criminal
offense.

SUMMARY OF PROVISIONS:

Section 1 of the bill identifies the title of the act as the
"Protection of People with Special Needs Act."

Section 2 of the bill sets forth the provisions contained in Parts A
through H of the Act:

Part A would add a new Article 20 to the Executive Law to establish
the Justice Center for the Protection of People with Special Needs
("the Center"), which would be responsible for ensuring that
individuals served in residential facilities and day programs by
provider agencies that are operated, licensed or certified by the
Office for People with Developmental Disabilities (OPWDD), the Office
of Mental Health (OMH), the Office of Alcoholism and Substance Abuse
Services (OASAS), the Office of Children and Family Services (OCFS),
the Department of Health (DOH) and the State Education Department
(SED) are protected from harm. The Center would operate a statewide,
toll-free hotline to which mandated reporters would be required to
report allegations of abuse and neglect, and would be responsible for
reporting such reports to law enforcement, where appropriate, and
investigating those reports. The Center also would: (a) contain a
Special Prosecutor and Inspector General with the authority to
prosecute, concurrently with the district attorneys, offenses
involving the abuse and neglect of people with special needs;
(b) represent the State at employee disciplinary proceedings, and
conduct such proceedings where such action is consistent with
existing collective bargaining agreements; (c) establish a central
register and database for reports of abuse and neglect of people with
special needs, including the results of such investigations, to allow
the Center to examine any patterns and trends in such reported
incidents and in the reporting of such incidents, in order to ensure
that corrective action plans are implemented to prevent future
incidents; (d) develop a code of conduct to guide the behavior of

those who have regular contact with vulnerable persons; (e) develop
appropriate training standards for investigators and train
investigators to meet those standards; and (t) develop
consistent policies and procedures for incident management by state
agencies that oversee services to people with special needs. This
Part also would repeal Article 45 of the Mental Hygiene Law,
eliminating the Commission on the Quality of Care and Advocacy for
Persons with Disabilities (CQC), and would assign its duties to the
Justice Center.

Part B would add a new Article 11 of the Social Services Law to
establish the Vulnerable Persons' Central Register within the Center,
and the procedures that would be followed for the investigation of
reports of abuse and neglect that are transmitted to the Register. It
also would establish, where permitted by existing collective
bargaining agreements, that employees found to have committed serious
acts of abuse or neglect, as defined in the bill, would be subject to
immediate termination and could not be hired in any future position
in which they would have regular and substantial contact with people
with special needs, and would require that remediation and corrective
action plans be developed and implemented to prevent future incidents.

This Part also would create uniform definitions of abuse, neglect and
related terms to ensure consistency and better protect people with
special needs who are reliant on services provided by the agencies
and providers operating within the State's mental hygiene and human
services systems. It also would require all of the state agencies
overseeing these systems to implement consistent incident management
procedures, to be developed by the Center, including timely
reporting, investigation and review of allegations of abuse, neglect
and other significant incidents that could subject a person to harm.

In addition, providers not otherwise subject to Article 6 of the
Public Officers Law (the Freedom of Information Law) would be subject
to the same requirements for disclosure of records as the State
agencies that operate, license or certify facilities or providers
that provide those services.

Parts C, D and E would make conforming amendments to various sections
of the law to reflect the new procedures and requirements created in
Parts A and B.

Part F would amend the Mental Hygiene Law, the Social Services Law and
the Executive Law to create new obligations for OASAS providers,
their employees and individuals credentialed by that office, as well
as foster care agencies, to undergo a criminal history background
check.

Part G would amend Penal Law § 240.50 relating to falsely reporting
abuse or neglect of a vulnerable person to include making false
reports to the vulnerable persons' central register. It also would:
(a) amend Penal Law § 130.05 to add a definition of a resident or

inpatient of a Department of Mental Hygiene facility as a person
incapable of consent; (b) create a new Penal Law § 260.24 to
establish a class A misdemeanor for recklessly endangering the
welfare of an incompetent or physically disabled person in the second
degree; and (c) raise the level of the three existing penal law
offenses involving
incompetent, physically disabled or vulnerable elderly persons (Penal
Law §§ 260.25, 260.32 and 260.34) one penalty level, to E, D and C
felonies, respectively.

Part H would repeal Chapter 606 of the Laws of 2011 and Chapter 6 of
the Laws of 2012 to sunset the creation of an abuse prevention
notification system for OPWDD, which would no longer be needed with
the creation of the vulnerable persons' central register in this bill.

Section 3 of the bill is a severability clause.

Section 4 of the bill would establish the effective dates of the bill
and its parts.

EXISTING LAW:

The law governing the agencies impacted in this legislation is in the
Mental Hygiene Law, Social Services Law and Education Law. Provisions
of the Penal Law that proscribe certain conduct against incompetent,
physically disabled and vulnerable people are also impacted.

STATEMENT IN SUPPORT:

This bill would reform, overhaul and strengthen the system of
protections from abuse and neglect for the over one million State
residents with special needs who are served in facilities and
programs operated, licensed and certified by OPWDP, OMH, OASAS, OCFS,
DOH and SED. More than 270,000 children and adults with special needs
are served in residential facilities, and many more people are served
by day programs provided by State and private operators. Because of
their special needs and other circumstances, these individuals may be
especially vulnerable to abuse and neglect.
This bill would strengthen and standardize the safety net for these
vulnerable children and adults who receive care from New York's human
service agencies and programs.

In 2011, Governor Cuomo appointed a Special Advisor on Vulnerable
Persons to make recommendations concerning the protection and safety
of people served in such programs. The resulting report, The Measure
of a Society: Protection of Vulnerable Persons in Residential
Facilities Against Abuse & Neglect, has identified numerous gaps and
inconsistencies in State systems that expose individuals with special
needs to an increased risk of harm. These variations across state
agencies and within the programs they operate or authorize include:

o whether they require that provider agencies have an incident

management program to identify and respond to unusual incidents;
o whether they require that providers investigate reported allegations
of abuse or neglect;
o whether they establish time frames for the completion of such
investigations;
o whether they require that persons conducting investigations be
trained to do so;
o the standard of proof used in such investigations;
o what types of crimes must be reported to law enforcement agencies
and under what circumstances; and
o whether they require providers to
analyze patterns and trends in reported incidents.

The report recommends significant reforms of the systems for reporting
and investigation of incidents of abuse and neglect in residential
programs. The report also acknowledges that most of its
recommendations would be equally applicable to non-residential
programs.

This bill addresses and goes beyond that far-reaching report's
recommendations.
It creates a Justice Center for the Protection of People with Special
Needs, a new entity that would cut across bureaucratic lines and have
as its primary purpose and responsibility the protection of the
health, safety and welfare of vulnerable persons. The Center would
improve the State's response to allegations of abuse and neglect for
individuals served in both residential and non-residential
facilities, by:

o operating a statewide 24-hour hotline staffed by trained personnel
to which mandated reporters will be required to report allegations of
abuse and neglect against people with special needs who are being
served in State and private residential and non-residential
facilities and programs;
o ensuring that allegations of abuse and neglect are promptly, fully
and effectively investigated, including ensuring that, where
appropriate, these incidents are reported to law enforcement and the
wrongdoers prosecuted;
o developing common standards for investigations and requirements to
be used to train investigators;
o ensuring that individuals who are responsible for abuse and neglect
of people with special needs are held accountable;
o prosecuting abuse and neglect crimes committed against people with
special needs through concurrent authority with district attorneys;
o requiring providers to implement corrective action plans to prevent
future incidents of abuse and neglect;
o representing the State at all disciplinary proceedings related to
substantiated allegations of abuse and neglect;
o requiring, where permitted by existing collective bargaining
agreements, that individuals found responsible for serious or
repeated acts of abuse or neglect would be subject to termination,
and imposing progressive discipline, including retraining, on

employees responsible for less serious acts;
o developing a register that will contain the names of individuals
found responsible for egregious or repeated acts of abuse or
neglect, and bar such individuals from future employment in the care
of people with special needs;
o conducting the criminal history background check function for any
person applying to be an employee, volunteer or consultant for whom a
criminal background check is required as a condition of employment at
any facility or provider agencies operated, licensed or certified by
OMH, OPWDD, OASAS or OCFS.
o providing oversight of the human services system, conducting death
and abuse investigations, and identifying risks and best practices to
promote improved quality of care for people with special needs; and
o developing codes of conduct to which all workers who have regular
contact with people with special needs must subscribe.

This bill also creates other protections for people with special
needs: it strengthens criminal statutes that make abuse of vulnerable
or disabled persons a crime;
and it promotes transparency by requiring non-state operated and
provider agencies to disclose the same records relating to abuse and
neglect as State agencies are required to do under the Freedom of
Information Law.

These provisions, taken together, would address the gaps recognized in
the Special Advisor's report, by creating a set of consistent and
durable safeguards to protect people with special needs against
abuse, neglect and other conduct that may jeopardize their health,
safety and welfare.

BUDGET IMPLICATIONS:

The goals of this legislation, for this fiscal year, can be
accomplished within existing appropriation authority.

EFFECTIVE DATE:

The Justice Center for the Protection of People with Special Needs
will become fully operational as soon as the Executive Director has
been confirmed by the Senate so that it can perform all of its
functions on or before April 1 ,2013, except for the newly created
registry which will be fully operational on April 1, 2013; the newly
created crimes will become effective within 30 days of enactment.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7400

                            I N  S E N A T E

                               May 8, 2012
                               ___________

Introduced by Sens. McDONALD, ALESI, GOLDEN -- (at request of the Gover-
  nor) -- read twice and ordered printed, and when printed to be commit-
  ted to the Committee on Mental Health and Developmental Disabilities

AN  ACT  to  amend  the  executive  law, the criminal procedure law, the
  correction law and the public health law, in relation to  establishing
  the justice center for the protection of people with special needs; to
  repeal  article  45  of  the mental hygiene law, relating to the state
  commission on quality of care and advocacy for persons with  disabili-
  ties;  and  establishing the justice center medical review board (Part
  A); to amend the social services law, in relation to the protection of
  vulnerable persons (Part B); to amend the county law  and  the  mental
  hygiene law, in relation to reports of abuse or neglect of individuals
  in certain facilities and programs and repealing certain provisions of
  the  mental  hygiene  law  relating  thereto;  and to amend the mental
  hygiene law, in relation to  reports  of  abuse  and  mistreatment  of
  vulnerable   persons   in   residential  care  and  repealing  certain
  provisions of such law relating thereto (Part C); to amend the  social
  services  law,  in relation to the definition of abused and maltreated
  child; in relation to mandatory reporting; in relation to  the  state-
  wide  central  register  of child abuse and maltreatment and access to
  such register; in relation to making  technical  corrections  relating
  thereto; and repealing section 412-a, and other provisions of such law
  relating  thereto (Part D); to amend the education law and the vehicle
  and traffic law, in relation to the protection of pupils  in  residen-
  tial  care from abuse, neglect and maltreatment (Part E); to amend the
  mental hygiene law, the executive law and the social services law,  in
  relation  to review of criminal history information concerning certain
  prospective providers, employees, and individuals credentialed by  the
  office  of  alcoholism and substance abuse services (Part F); to amend
  the penal law, in relation to certain  crimes  of  abuse,  neglect  or
  endangering  the  welfare of certain incompetent, physically disabled,
  or vulnerable persons (Part G); and to repeal chapter 606 of the  laws
  of 2011, amending the mental hygiene law relating to creating an abuse
  prevention notification system; and to repeal chapter 6 of the laws of
  2012,  amending  chapter  606 of the laws of 2011, amending the mental
  hygiene law relating to an abuse prevention notification system  (Part
  H)

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12127-03-2

S. 7400                             2

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may be cited as the "protection
of people with special needs act".
  S  2.  This  act enacts into law major components of legislation which
are necessary for the protection of persons who are  vulnerable  because
of their reliance on professional caregivers to help them overcome phys-
ical,  cognitive  and  other  challenges.    Each  component  is  wholly
contained within a Part identified as Parts A through H.  The  effective
date  for  each  particular  provision contained within each Part is set
forth in the last section of such Part. Any  provision  in  any  section
contained within a Part, including the effective date of the Part, which
makes reference to a section "of this act", when used in connection with
that  particular  component,  shall  be  deemed to mean and refer to the
corresponding section of the Part in which it is found. Section four  of
this act sets forth the general effective date of this act.

                                 PART A

  Section  1.  Legislative  findings  and purpose. There is a recognized
need to  strengthen  and  standardize  the  safety  net  for  vulnerable
persons,  adults  and  children  alike,  who are receiving care from New
York's human service agencies and programs. There are over 270,000 chil-
dren and adults with disabilities or other life circumstances that  make
them  vulnerable  in  residential  facilities  under the auspices of six
state agencies that operate, license or certify such programs.  In addi-
tion, a significant number of persons rely  on  day  programs  operated,
licensed  or  certified  by  the state.   Although all of these programs
share a common obligation to protect such persons, and  keep  them  safe
from  abuse  and  neglect,  there are fundamental differences in how the
state agencies meet their obligations, as well as major  gaps  in  over-
sight that may expose vulnerable persons to harm.
  This  legislation  creates  a  set of uniform safeguards, to be imple-
mented by a justice center whose primary focus will be on the protection
of vulnerable persons.  To bolster the ability of the state  to  respond
more  effectively  to  abuse  and neglect of vulnerable persons, without
creating additional burdens on local law enforcement, the justice center
will have concurrent authority  with  district  attorneys  to  prosecute
abuse and neglect crimes committed against such persons.
  The  justice center also will develop a register that will contain the
names of individuals found responsible for egregious or repeated acts of
abuse or neglect.  Before being placed on the register, such individuals
will have a right to challenge that finding, but once  on  the  register
they  will  be  barred  from future employment in the care of vulnerable
persons. Employees found responsible for  less  serious  acts  shall  be
subjected  to  progressive  discipline,  including  retraining and other
actions necessary to facilitate their safe return to the workplace.
  To ensure that individuals who work with vulnerable persons are  aware
of  their  obligations  to  assist  such persons to lead safe, vital and
productive lives, the legislation requires the justice center to develop
a code of conduct for workers who have regular contact  with  vulnerable
persons.  This  code of conduct will serve as a guide to such workers by
containing the basic ethical standards to which all direct support work-
ers should subscribe and be held accountable.

S. 7400                             3

  The justice center will also operate  a  statewide  hotline  to  which
certain  mandated  reporters  will  be required to report allegations of
abuse and neglect against vulnerable persons  being  served  in  certain
residential and non-residential facilities and programs.  It will ensure
that  allegations  of abuse and neglect are promptly reported, that they
are fully and effectively investigated, that those individuals  who  are
responsible are held accountable and that providers implement corrective
action plans to prevent future incidents.
  Accordingly,  the  purpose  of this legislation is to create a durable
set of consistent  safeguards  for  all  vulnerable  persons  that  will
protect  them against abuse, neglect and other conduct that may jeopard-
ize their health, safety and welfare, and to provide fair  treatment  to
the employees upon whom they depend.
  S 2. Article 45 of the mental hygiene law is REPEALED.
  S 3. The  executive  law is amended by adding a new article 20 to read
as follows:
                               ARTICLE 20
                 PROTECTION OF PEOPLE WITH SPECIAL NEEDS
SECTION 550. DEFINITIONS.
        551. THE JUSTICE  CENTER  FOR  THE  PROTECTION  OF  PEOPLE  WITH
               SPECIAL NEEDS.
        552. ORGANIZATION OF THE JUSTICE CENTER.
        553. POWERS AND DUTIES OF THE JUSTICE CENTER.
        554. CODES OF CONDUCT.
        555. JUSTICE CENTER MEDICAL REVIEW BOARD; ORGANIZATION.
        556. FUNCTIONS, POWERS AND DUTIES OF THE BOARD.
        557. REPORTS TO THE JUSTICE CENTER.
        558. ACCESS TO RECORDS AND FACILITIES.
        559. NEW   YORK   STATE  INTERAGENCY  COORDINATING  COUNCIL  FOR
               SERVICES TO PERSONS WHO ARE DEAF, DEAF-BLIND, OR HARD  OF
               HEARING.
        560. ANNUAL REPORT.
  S 550. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  1.  "EXECUTIVE  DIRECTOR"  SHALL  MEAN  THE  EXECUTIVE DIRECTOR OF THE
JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS.
  2. "MENTAL HYGIENE FACILITY" SHALL  MEAN  A  FACILITY  AS  DEFINED  IN
SUBDIVISION SIX OF SECTION 1.03 OF THE MENTAL HYGIENE LAW AND FACILITIES
FOR THE OPERATION OF WHICH AN OPERATING CERTIFICATE IS REQUIRED PURSUANT
TO ARTICLE SIXTEEN OR THIRTY-ONE OF THE MENTAL HYGIENE LAW AND INCLUDING
FAMILY  CARE HOMES. "MENTAL HYGIENE FACILITY" ALSO MEANS A SECURE TREAT-
MENT FACILITY AS DEFINED BY ARTICLE TEN OF THE MENTAL HYGIENE LAW.
  3.   "ABUSE OR NEGLECT" SHALL HAVE THE  SAME  MEANING  AS  DEFINED  IN
SUBDIVISION  ONE  OF  SECTION  FOUR  HUNDRED  EIGHTY-EIGHT OF THE SOCIAL
SERVICES LAW.
  4. "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 ENTI-
TIES: THE OFFICE OF MENTAL HEALTH, THE OFFICE FOR PEOPLE  WITH  DEVELOP-
MENTAL  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. "STATE OVERSIGHT AGENCY" DOES
NOT INCLUDE AGENCIES THAT ARE CERTIFICATION AGENCIES PURSUANT TO FEDERAL
LAW OR REGULATION.
  5.  "VULNERABLE  PERSON"  SHALL  MEAN A PERSON WHO, DUE TO PHYSICAL OR
COGNITIVE DISABILITIES, OR THE NEED FOR SPECIALIZED SERVICES  OR  PLACE-

S. 7400                             4

MENT,  IS  RECEIVING  SERVICES  FROM  A  FACILITY  OR PROVIDER AGENCY AS
DEFINED IN SUBDIVISION FOUR OF SECTION FOUR HUNDRED EIGHTY-EIGHT OF  THE
SOCIAL SERVICES LAW.
  S  551.  THE  JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL
NEEDS.  1. THERE IS HEREBY CREATED WITHIN  THE  EXECUTIVE  DEPARTMENT  A
JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS ("JUSTICE
CENTER"  OR "CENTER").  SUCH JUSTICE CENTER SHALL BE HEADED BY AN EXECU-
TIVE DIRECTOR, WHO SHALL BE APPOINTED BY THE GOVERNOR, BY AND  WITH  THE
ADVICE  AND  CONSENT  OF  THE SENATE. THE EXECUTIVE DIRECTOR MAY APPOINT
STAFF AND PERFORM SUCH OTHER FUNCTIONS FOR THE  EFFICIENT  OPERATION  OF
THE  JUSTICE CENTER WITHIN THE AMOUNTS MADE AVAILABLE THEREFOR BY APPRO-
PRIATION.
  2. THE EXECUTIVE DIRECTOR SHALL RECOMMEND POLICIES AND  PROCEDURES  TO
THE  STATE  OVERSIGHT  AGENCY  FOR THE PROTECTION OF VULNERABLE PERSONS,
INCLUDING BUT NOT LIMITED  TO  POLICIES  AND  PROCEDURES:  (A)  FOR  THE
PROTECTION  OF VULNERABLE PERSONS WHO RESIDE IN OR RECEIVE SERVICES FROM
FACILITIES OR PROVIDER AGENCIES AS SET  FORTH  IN  SUBDIVISION  FOUR  OF
SECTION FOUR HUNDRED EIGHTY-EIGHT OF THE SOCIAL SERVICES LAW; (B) RELAT-
ING  TO  ASSURING,  ON  BEHALF OF THE STATE, THAT VULNERABLE PERSONS ARE
AFFORDED CARE THAT IS OF A UNIFORMLY  HIGH  STANDARD;  (C)  RELATING  TO
ASSURING,  ON  BEHALF OF THE STATE, THAT VULNERABLE PERSONS ARE AFFORDED
THE OPPORTUNITY TO EXERCISE  ALL  OF  THE  RIGHTS  AND  RESPONSIBILITIES
ACCORDED TO RESIDENTS OF THE STATE; AND (D) TO HARMONIZE AND IMPROVE THE
PROCEDURES  FOR  AND  QUALITY  OF INVESTIGATIONS OF ABUSE OR NEGLECT AND
SIGNIFICANT INCIDENTS RELATED TO VULNERABLE PERSONS WITHIN THE DIFFERENT
SYSTEMS OF CARE IN THE STATE.
  3. THE EXECUTIVE DIRECTOR MAY  PROMULGATE,  ADOPT,  AMEND  OR  RESCIND
RULES  AND  REGULATIONS  NECESSARY  TO  CARRY OUT THE PROVISIONS OF THIS
ARTICLE; PROVIDED, HOWEVER, THAT SUCH RULES  AND  REGULATIONS  SHALL  BE
STRICTLY  LIMITED  IN  THEIR  APPLICATION  TO  THE  MEANS AND METHODS OF
COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE.
  S 552. ORGANIZATION OF THE JUSTICE CENTER.    1.  THE  JUSTICE  CENTER
SHALL  HOUSE THE VULNERABLE PERSONS' CENTRAL REGISTER CREATED IN SECTION
FOUR HUNDRED NINETY-TWO OF THE SOCIAL SERVICES LAW AND SHALL PERFORM ALL
OF THE NECESSARY FUNCTIONS RELATED TO  THE  RECEIPT  AND  ACCEPTANCE  OF
REPORTS  OF  ALLEGATIONS  OF ABUSE OR NEGLECT OF VULNERABLE PERSONS, THE
INVESTIGATION OF SUCH ACCEPTED REPORTS AND THE REVIEW  OF  SUBSTANTIATED
FINDINGS  OF  ABUSE  OR  NEGLECT,  INCLUDING CONDUCTING ANY DISCIPLINARY
PROCEEDINGS RESULTING FROM SUCH SUBSTANTIATED FINDINGS (FOR STATE  ENTI-
TIES  BOUND  BY  COLLECTIVE  BARGAINING, THE DISCIPLINARY PROCESS ESTAB-
LISHED THROUGH COLLECTIVE BARGAINING SHALL GOVERN).
  2. (A) THE JUSTICE CENTER ALSO SHALL EMPLOY A SPECIAL  PROSECUTOR  AND
INSPECTOR  GENERAL  FOR  THE  PROTECTION  OF  PEOPLE  WITH SPECIAL NEEDS
("SPECIAL PROSECUTOR"), WHO SHALL BE APPOINTED BY THE GOVERNOR. PURSUANT
TO THE PROVISIONS OF THIS SECTION, SUCH SPECIAL  PROSECUTOR  SHALL  HAVE
THE  DUTY AND POWER: (I) TO INVESTIGATE AND PROSECUTE OFFENSES INVOLVING
ABUSE OR NEGLECT COMMITTED AGAINST VULNERABLE PERSONS; AND (II) TO COOP-
ERATE WITH AND ASSIST DISTRICT ATTORNEYS AND OTHER LOCAL LAW ENFORCEMENT
OFFICIALS IN THEIR EFFORTS AGAINST THE ABUSE OR  NEGLECT  OF  VULNERABLE
PERSONS.  THE SPECIAL PROSECUTOR MAY REQUEST AND SHALL RECEIVE, FROM ANY
AGENCY, DEPARTMENT, DIVISION, BOARD, BUREAU OR COMMISSION OF THE  STATE,
OR  ANY POLITICAL SUBDIVISION THEREOF, COOPERATION AND ASSISTANCE IN THE
PERFORMANCE OF HIS OR HER DUTIES, AND MAY PROVIDE  TECHNICAL  AND  OTHER
ASSISTANCE TO ANY DISTRICT ATTORNEY OR LAW ENFORCEMENT OFFICIAL REQUEST-
ING  ASSISTANCE  IN THE INVESTIGATION OR PROSECUTION OF ABUSE OR NEGLECT
OF VULNERABLE PERSONS.

S. 7400                             5

  (B) THE SPECIAL PROSECUTOR IS EMPOWERED TO APPLY FOR  SEARCH  WARRANTS
PURSUANT  TO  ARTICLE  SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE LAW,
AND, EXCEPT IN EXIGENT CIRCUMSTANCES, SHALL GIVE  PRIOR  NOTICE  OF  THE
APPLICATION  TO  THE  DISTRICT  ATTORNEY  OF  THE COUNTY IN WHICH SUCH A
WARRANT  IS TO BE EXECUTED, AND IN SUCH EXIGENT CIRCUMSTANCES SHALL GIVE
SUCH NOTICE AS SOON THEREAFTER AS IS PRACTICABLE; PROVIDED, HOWEVER THAT
THE FAILURE TO GIVE NOTICE OF A SEARCH WARRANT APPLICATION TO A DISTRICT
ATTORNEY SHALL NOT BE A  GROUND  TO  SUPPRESS  THE  EVIDENCE  SEIZED  IN
EXECUTING  THE WARRANT. HE OR SHE MAY DESIGNATE AN ASSISTANT TO EXERCISE
ANY OF SUCH POWERS.
  (C) THE SPECIAL PROSECUTOR OR ONE OF HIS OR HER ASSISTANTS, MAY ATTEND
IN PERSON ANY TERM OF THE COUNTY COURT OR SUPREME COURT HAVING APPROPRI-
ATE JURISDICTION, INCLUDING AN EXTRAORDINARY SPECIAL OR  TRIAL  TERM  OF
THE  SUPREME COURT WHEN ONE IS APPOINTED PURSUANT TO SECTION ONE HUNDRED
FORTY-NINE OF THE JUDICIARY LAW, OR APPEAR BEFORE THE GRAND JURY  THERE-
OF,  FOR  THE PURPOSE OF MANAGING AND CONDUCTING IN SUCH COURT OR BEFORE
SUCH JURY A CRIMINAL ACTION OR  PROCEEDING  CONCERNED  WITH  AN  OFFENSE
WHERE  ANY  CONDUCT CONSTITUTING OR REQUISITE TO THE COMPLETION OF OR IN
ANY OTHER MANNER RELATED TO SUCH OFFENSE INVOLVED THE ABUSE  OR  NEGLECT
OF  A  VULNERABLE PERSON, AS THOSE TERMS ARE DEFINED IN THIS ARTICLE. IN
SUCH CASE, SUCH SPECIAL PROSECUTOR OR HIS OR HER ASSISTANT SO  ATTENDING
MAY  EXERCISE  ALL  THE  POWERS AND PERFORM ALL THE DUTIES IN RESPECT OF
SUCH ACTIONS OR PROCEEDINGS WHICH THE DISTRICT ATTORNEY WOULD  OTHERWISE
BE AUTHORIZED OR REQUIRED TO EXERCISE OR PERFORM.
  S  553.  POWERS  AND DUTIES OF THE JUSTICE CENTER.  THE JUSTICE CENTER
SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
  1. TO CREATE AND ESTABLISH THE STATEWIDE VULNERABLE  PERSONS'  CENTRAL
REGISTER,  AS SET FORTH IN SECTION FOUR HUNDRED NINETY-TWO OF THE SOCIAL
SERVICES LAW, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A) ESTABLISHING PROCEDURES FOR THE TIMELY RESPONSE TO, AND  EFFECTIVE
INVESTIGATION  OF,  ALLEGATIONS OF ABUSE OR NEGLECT THAT ARE ACCEPTED BY
THE STATEWIDE VULNERABLE PERSONS' CENTRAL REGISTER;
  (B)  ESTABLISHING  PROCEDURES  FOR  THE  NOTIFICATION  OF  APPROPRIATE
PERSONS  AND  ENTITIES  WITH RESPECT TO REPORTS AND FINDINGS OF ABUSE OR
NEGLECT OF VULNERABLE PERSONS AND SIGNIFICANT INCIDENTS, AS APPLICABLE;
  (C) REPRESENTING THE STATE  IN  ALL  HEARINGS  AND  OTHER  PROCEEDINGS
RELATING  TO DISCIPLINE OF EMPLOYEES CHARGED WITH HAVING COMMITTED ABUSE
OR NEGLECT;
  (D) CONSISTENT  WITH  APPROPRIATE  COLLECTIVE  BARGAINING  AGREEMENTS,
CONDUCTING  ALL HEARINGS AND OTHER PROCEEDINGS RELATING TO DISCIPLINE OF
EMPLOYEES FOUND TO HAVE COMMITTED ABUSE OR NEGLECT (FOR  STATE  ENTITIES
BOUND  BY  COLLECTIVE  BARGAINING,  THE DISCIPLINARY PROCESS ESTABLISHED
THROUGH COLLECTIVE BARGAINING SHALL GOVERN);
  (E) IDENTIFYING A PROCESS  FOR  TIMELY  RESPONSES  TO  ALLEGATIONS  OF
REPORTABLE  INCIDENTS  IN  DUALLY  LICENSED OR CO-LOCATED FACILITIES AND
PROVIDER AGENCIES; AND
  (F) WHERE APPLICABLE, ESTABLISHING UNIFORM  PROCEDURES  FOR  CHARACTER
AND  COMPETENCE REVIEWS OF PROVIDER AGENCIES INITIALLY, AND UPON RENEWAL
OF LICENSES AND OPERATING CERTIFICATES REQUIRING A REVIEW OF PERFORMANCE
RECORDS REGARDING INCIDENT MANAGEMENT, THE ROLE OF THE BOARD  OF  DIREC-
TORS  IN MAINTAINING OVERSIGHT OVER AGENCY PERFORMANCE IN THIS AREA, AND
THE MANAGEMENT OF INCIDENTS AFFECTING RESIDENT SAFETY,  INCLUDING  CASES
OF SYSTEMIC PROBLEMS.
  2.  TO MAINTAIN A CENTRAL REPOSITORY FOR DATA RELATING TO THE INVESTI-
GATION OF ALL REPORTS OF ALLEGED ABUSE OR NEGLECT AND SIGNIFICANT  INCI-

S. 7400                             6

DENTS, AS DEFINED IN SUBDIVISIONS ONE AND TWELVE OF SECTION FOUR HUNDRED
EIGHTY-EIGHT OF THE SOCIAL SERVICES LAW;
  3.   TO ESTABLISH PROCEDURES FOR REVIEW OF INSTANCES OF ABUSE, NEGLECT
AND SIGNIFICANT INCIDENTS, AS DEFINED IN SUBDIVISIONS ONE AND TWELVE  OF
SECTION FOUR HUNDRED EIGHTY-EIGHT OF THE SOCIAL SERVICES LAW, TO IDENTI-
FY  PREVENTIVE  AND CORRECTIVE ACTIONS AND TO DEVELOP AND IMPLEMENT SUCH
ACTIONS AND PLANS OF IMPROVEMENT SUBJECT  TO  THE  REQUIREMENTS  OF  ANY
FEDERAL OVERSIGHT ENTITY;
  4.  TO  DEVELOP STANDARDS AND TRAINING CURRICULA FOR INVESTIGATORS WHO
WILL BE ASSIGNED TO INVESTIGATE REPORTED ALLEGATIONS OF ABUSE OR NEGLECT
AND SIGNIFICANT INCIDENTS INVOLVING VULNERABLE PERSONS, AND  TO  PROVIDE
TRAINING TO SUCH INVESTIGATORS;
  5.  TO  REVIEW  AND  EVALUATE THE CRIMINAL HISTORY INFORMATION FOR ANY
PERSON APPLYING TO BE AN EMPLOYEE, VOLUNTEER OR CONSULTANT  FOR  WHOM  A
CRIMINAL  BACKGROUND  CHECK  IS REQUIRED AS A CONDITION OF EMPLOYMENT AT
ANY FACILITIES OR PROVIDER AGENCIES AS DEFINED IN  SUBDIVISION  FOUR  OF
SECTION  FOUR HUNDRED EIGHTY-EIGHT OF THE SOCIAL SERVICES LAW, WHICH ARE
OPERATED, LICENSED OR CERTIFIED BY THE  OFFICE  OF  MENTAL  HEALTH,  THE
OFFICE  FOR  PEOPLE WITH DEVELOPMENTAL DISABILITIES, THE OFFICE OF ALCO-
HOLISM AND SUBSTANCE ABUSE SERVICES AND THE OFFICE OF CHILDREN AND FAMI-
LY SERVICES.  SUCH REVIEW AND EVALUATION SHALL INCLUDE BUT NOT BE LIMIT-
ED TO A REQUIREMENT THAT THE APPLICANT SIGN A SWORN  STATEMENT  WHETHER,
TO  THE  BEST OF HIS OR HER KNOWLEDGE, HE OR SHE HAS EVER BEEN CONVICTED
OF A CRIME IN THIS STATE OR ANY OTHER JURISDICTION;
  6.  TO  CONDUCT  PERIODIC  ORIENTATION,  TRAINING  AND   INFORMATIONAL
PROGRAMS  UPON APPOINTMENT OR REAPPOINTMENT, AND AS OTHERWISE NEEDED, TO
ASSIST THE MEMBERS OF THE BOARDS OF VISITORS OF MENTAL  HYGIENE  FACILI-
TIES TO FULFILL THEIR RESPONSIBILITIES PURSUANT TO LAW;
  7.  (A) TO VISIT, INSPECT AND APPRAISE THE MANAGEMENT OF FACILITIES OR
PROVIDER AGENCIES AS DEFINED IN SUBDIVISION FOUR OF SECTION FOUR HUNDRED
EIGHTY-EIGHT OF THE SOCIAL SERVICES LAW PROVIDING SERVICES TO VULNERABLE
PERSONS WITH SPECIFIC ATTENTION TO THE SAFETY, SECURITY AND  QUALITY  OF
CARE PROVIDED TO PATIENTS AND RESIDENTS;
  (B)  TO  PROVIDE  STAFF AND OTHER NECESSARY ASSISTANCE UPON REQUEST TO
BOARDS OF  VISITORS  OF  DEPARTMENT  OF  MENTAL  HYGIENE  FACILITIES  IN
PERFORMING THEIR DUTIES PURSUANT TO LAW;
  (C) TO RECEIVE AND REVIEW PERIODIC AND ANNUAL REPORTS OF THE BOARDS OF
VISITORS OF EACH DEPARTMENT OF MENTAL HYGIENE FACILITY;
  (D)  TO  PLACE  SUCH  MEMBERS  OF ITS STAFF AS IT DEEMS APPROPRIATE AS
MONITORS IN ANY MENTAL HYGIENE FACILITY WHICH, IN THE  JUDGMENT  OF  THE
EXECUTIVE  DIRECTOR, PRESENTS AN IMMINENT DANGER TO THE HEALTH OR SAFETY
OF THE PATIENTS, RESIDENTS OR EMPLOYEES OF SUCH FACILITY;
  8. TO ACCEPT, AS AGENT OF THE  STATE,  ANY  GRANT,  INCLUDING  FEDERAL
GRANTS,  OR ANY GIFT FOR ANY OF THE PURPOSES OF THIS ARTICLE. ANY MONEYS
SO RECEIVED MAY BE EXPENDED BY THE  JUSTICE  CENTER  TO  EFFECTUATE  ANY
PURPOSE  OF THIS ARTICLE, SUBJECT TO THE SAME LIMITATIONS AS TO APPROVAL
OF EXPENDITURES AND AUDIT AS ARE PRESCRIBED FOR STATE  MONEYS  APPROPRI-
ATED FOR THE PURPOSES OF THIS ARTICLE;
  9. TO ENTER INTO CONTRACTS WITH ANY PERSON, FIRM, CORPORATION, MUNICI-
PALITY  OR  GOVERNMENTAL AGENCY FOR THE PERFORMANCE OF FUNCTIONS AUTHOR-
IZED BY LAW;
  10. TO ADMINISTER AN ADULT HOME  AND  RESIDENCE  FOR  ADULTS  RESIDENT
ADVOCACY  PROGRAM  TO ASSIST RESIDENTS, WHO HAVE AT ANY TIME RECEIVED OR
ARE RECEIVING SERVICES FROM A MENTAL HYGIENE PROVIDER,  OF  ADULT  HOMES
AND  RESIDENCES  FOR  ADULTS,  AS  DEFINED  IN SECTION TWO OF THE SOCIAL
SERVICES LAW, WHERE AT LEAST TWENTY-FIVE PERCENT  OR  TWENTY-FIVE  RESI-

S. 7400                             7

DENTS,  WHICHEVER  IS  LESS,  HAVE AT ANY TIME RECEIVED OR ARE RECEIVING
SERVICES FROM A MENTAL HYGIENE PROVIDER WHICH IS LICENSED,  OPERATED  OR
FUNDED BY THE OFFICE OF MENTAL HEALTH OR OFFICE FOR PEOPLE WITH DEVELOP-
MENTAL DISABILITIES, IN UNDERSTANDING THEIR LEGAL RIGHTS, AND TO PROMOTE
AND PROTECT THE RIGHTS OF SUCH RESIDENTS.
  11.  TO  ADVISE  AND  ASSIST VULNERABLE PERSONS, FAMILY MEMBERS, ADVO-
CATES, SERVICE PROVIDERS AND COMMUNITY ORGANIZATIONS IN THE FORMATION OF
STRATEGIES TO IDENTIFY AND MEET THE  NEEDS  OF  VULNERABLE  PERSONS  FOR
SERVICES, SUPPORTS AND ADVOCACY;
  12.  TO ADVISE AND ASSIST THE GOVERNOR AND PUBLIC AND PRIVATE ENTITIES
IN THE DEVELOPMENT AND IMPLEMENTATION OF STATE POLICIES WHICH  MEET  THE
NEEDS OF VULNERABLE PERSONS IN A MANNER THAT IS RESPECTFUL OF THE RIGHTS
AND CHOICES OF VULNERABLE PERSONS;
  13.  TO SERVE AS A CLEARINGHOUSE FOR INFORMATION RELATING TO SERVICES,
SUPPORTS AND ADVOCACY FOR VULNERABLE PERSONS  AND  PROVIDE  A  STATEWIDE
SYSTEM  OF  INFORMATION AND REFERRAL TO LINK PERSONS SEEKING INFORMATION
AND ASSISTANCE WITH PUBLIC AND PRIVATE  SECTOR  SERVICES,  SUPPORTS  AND
ADVOCACY WHICH MAY BE APPROPRIATE TO MEET THEIR NEEDS;
  14.  TO  ADVISE  AND  ASSIST  THE GOVERNOR, STATE AGENCIES, VULNERABLE
PERSONS AND PUBLIC AND PRIVATE SECTOR ENTITIES IN THE DESIGN AND  IMPLE-
MENTATION  OF  INITIATIVES  TO  INCREASE  ACCESS  TO  TECHNOLOGY RELATED
ASSISTANCE FOR VULNERABLE PERSONS;
  15. TO ADMINISTER SUCH PROTECTION AND ADVOCACY AND  CLIENT  ASSISTANCE
PROGRAMS AS MAY BE ESTABLISHED BY FEDERAL LAW, PURSUANT TO SUCH AUTHORI-
ZATION OR DESIGNATION AS MAY BE REQUIRED;
  16.  TO ADMINISTER THE SURROGATE DECISION-MAKING COMMITTEE PROGRAM, AS
AUTHORIZED PURSUANT TO ARTICLE EIGHT OF THE MENTAL HYGIENE LAW;
  17. TO STIMULATE COMMUNITY INTEREST IN  THE  PROBLEMS  EXPERIENCED  BY
VULNERABLE  PERSONS  AND PROMOTE PUBLIC AWARENESS OF RESOURCES AVAILABLE
TO SUCH PERSONS;
  18. TO ADVISE AND ASSIST POLITICAL SUBDIVISIONS OF THE  STATE  IN  THE
DEVELOPMENT OF LOCAL PROGRAMS FOR VULNERABLE PERSONS;
  19.  TO ADVISE AND ASSIST EDUCATIONAL INSTITUTIONS IN THE STATE IN THE
DEVELOPMENT OF COURSES OF  STUDY  FOR  PERSONS  ENGAGED  IN  PUBLIC  AND
PRIVATE PROGRAMS FOR VULNERABLE PERSONS;
  20.  TO  CONDUCT OR CAUSE TO BE CONDUCTED SUCH STUDIES OF THE NEEDS OF
VULNERABLE PERSONS AS MAY BE APPROPRIATE;
  21. TO DO ALL OTHER THINGS NECESSARY OR CONVENIENT TO  CARRY  OUT  ITS
FUNCTIONS, POWERS AND DUTIES SET FORTH IN THIS ARTICLE;
  22.  TO  RECEIVE AND REVIEW REPORTS REQUIRED PURSUANT TO SECTION 16.19
OF THE MENTAL HYGIENE LAW AND TAKE ANY ACTION AS REQUIRED  BY  LAW.  THE
JUSTICE  CENTER  ALSO  SHALL  ASSIST  THE COMMISSIONER OF THE OFFICE FOR
PEOPLE WITH  DEVELOPMENTAL  DISABILITIES  IN  DEVELOPING  AND  PREPARING
RECOMMENDATIONS  REQUIRED  BY  PARAGRAPH  THREE  OF  SUBDIVISION  (D) OF
SECTION 16.19 OF THE MENTAL HYGIENE LAW FOR SUBMISSION TO THE  GOVERNOR,
TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY;
  23.  TO  PREPARE AND DISSEMINATE AN EDUCATIONAL PAMPHLET, AND SERVE AS
AN INFORMATION CLEARINGHOUSE, ON THE RIGHTS OF PARENTS AND LEGAL  REPRE-
SENTATIVES  AND  ADVOCATES  TO  ACCESS  RECORDS  AND REPORTS RELATING TO
PATIENT CARE  AND  TREATMENT  AND  ALL  OTHER  RELEVANT  DOCUMENTS  FROM
PROGRAMS  AND FACILITIES THAT ARE LICENSED, CERTIFIED OR OPERATED BY THE
OFFICES OF MENTAL HEALTH,  PEOPLE  WITH  DEVELOPMENTAL  DISABILITIES  OR
ALCOHOLISM  AND SUBSTANCE ABUSE SERVICES.  SUCH PAMPHLET SHALL INCLUDE A
DISCUSSION OF HOW TO APPEAL A DECISION DENYING  A  REQUESTED  RECORD  OR
REPORT;

S. 7400                             8

  24.  TO  CONSULT  WITH  THE  COMMISSIONER  OF  EDUCATION REGARDING THE
PROMULGATION OF RULES AND REGULATIONS REQUIRING THAT  EVERY  SCHOOL  BUS
DRIVER  AND  SCHOOL  BUS  ATTENDANT  SERVING  STUDENTS WITH DISABILITIES
RECEIVE TRAINING AND INSTRUCTION RELATING TO THE  UNDERSTANDING  OF  AND
ATTENTION  TO THE SPECIAL NEEDS OF SUCH STUDENTS PURSUANT TO SUBDIVISION
ONE OF SECTION THIRTY-SIX HUNDRED FIFTY OF THE EDUCATION LAW AND  SUBDI-
VISION  FOUR  OF SECTION TWELVE HUNDRED TWENTY-NINE-D OF THE VEHICLE AND
TRAFFIC LAW; AND
  25. TO MONITOR AND MAKE RECOMMENDATIONS REGARDING THE QUALITY OF  CARE
PROVIDED TO INMATES WITH SERIOUS MENTAL ILLNESS, INCLUDING THOSE WHO ARE
IN  A RESIDENTIAL MENTAL HEALTH TREATMENT UNIT OR SEGREGATED CONFINEMENT
IN FACILITIES OPERATED BY THE DEPARTMENT OF  CORRECTIONS  AND  COMMUNITY
SUPERVISION,  AND  OVERSEE  COMPLIANCE  WITH  PARAGRAPHS  (D) AND (E) OF
SUBDIVISION SIX OF SECTION ONE HUNDRED THIRTY-SEVEN,  AND  SECTION  FOUR
HUNDRED  ONE  OF  THE  CORRECTION  LAW.  SUCH  RESPONSIBILITIES SHALL BE
CARRIED OUT IN  ACCORDANCE  WITH  SECTION  FOUR  HUNDRED  ONE-A  OF  THE
CORRECTION LAW.
  S 554. CODES OF CONDUCT.  1. THE JUSTICE CENTER SHALL ADOPT AND AMEND,
AS APPROPRIATE, CODES OF CONDUCT FOR ALL EMPLOYEES WHO HAVE OR WILL HAVE
REGULAR  AND  DIRECT  CONTACT  WITH  VULNERABLE PERSONS WHO RESIDE IN OR
RECEIVE SERVICES FROM FACILITIES OR PROVIDER AGENCIES AS  SET  FORTH  IN
SUBDIVISION  FOUR  OF  SECTION  FOUR  HUNDRED EIGHTY-EIGHT OF THE SOCIAL
SERVICES LAW. SUCH CODES SHALL GOVERN THE CONDUCT OF SUCH EMPLOYEES WITH
RESPECT TO THE SAFETY, DIGNITY AND WELFARE OF VULNERABLE PERSONS TO WHOM
THEY PROVIDE CARE. THE JUSTICE CENTER SHALL ESTABLISH A PROCESS BY WHICH
ALL SUCH EMPLOYEES ARE PROVIDED WITH A COPY OF SUCH CODES OF CONDUCT AND
ARE REQUIRED, AT THE TIME OF THEIR  INITIAL  EMPLOYMENT,  AND  AT  LEAST
ANNUALLY  THEREAFTER,  TO ACKNOWLEDGE THAT THEY HAVE READ AND UNDERSTAND
SUCH CODES OF CONDUCT. SUCH PROCESS SHALL ALSO PROVIDE FOR THE  ENFORCE-
MENT  OF  SUCH  CODES  CONSISTENT WITH APPROPRIATE COLLECTIVE BARGAINING
AGREEMENTS.
  2. MINIMUM REQUIREMENTS FOR CODES OF CONDUCT.  SUCH CODES  OF  CONDUCT
SHALL  INCLUDE, AT A MINIMUM:  A.  PROVISIONS REGARDING THE RESPONSIBIL-
ITY OF SUCH EMPLOYEES TO SUPPORT THE EMOTIONAL,  PHYSICAL  AND  PERSONAL
WELL-BEING  OF  THE  VULNERABLE  PERSONS  THEY  SERVE,  INCLUDING  THEIR
PROTECTION FROM ABUSE AND NEGLECT.
  B.   PROVISIONS REGARDING THE  RESPONSIBILITY  OF  SUCH  EMPLOYEES  TO
ASSIST THE VULNERABLE PERSONS THEY SUPPORT TO DIRECT THE COURSE OF THEIR
OWN  LIVES, HONORING, WHERE APPROPRIATE, THEIR RIGHT TO ASSUME RISK IN A
SAFE MANNER AND RECOGNIZING THEIR POTENTIAL FOR  LIFELONG  LEARNING  AND
GROWTH.
  C.    PROVISIONS  REGARDING  THE  RESPONSIBILITY  OF SUCH EMPLOYEES TO
PARTICIPATE IN AVAILABLE, APPROPRIATE TRAINING TO MAINTAIN THEIR  COMPE-
TENCY  AND  SKILL-LEVEL,  AND  TO  MODEL AND SHAPE THE BEHAVIOR OF THEIR
CO-WORKERS, AND TO SEEK GUIDANCE AND ADVICE TO RESOLVE ISSUES AS  NEEDED
WHEN MAKING DECISIONS RELATING TO THE PERSONS THEY SERVE.
  D.    PROVISIONS  REGARDING  THE  RESPONSIBILITY  OF SUCH EMPLOYEES TO
PROMOTE AND PRACTICE JUSTICE, FAIRNESS AND  EQUITY  FOR  THE  VULNERABLE
PERSONS  THEY  SUPPORT,  UPHOLD AND RESPECT THEIR HUMAN AND CIVIL RIGHTS
AND RESPECT THEIR HUMAN DIGNITY AND UNIQUENESS.
  E.   PROVISIONS REGARDING THE  RESPONSIBILITY  OF  SUCH  EMPLOYEES  TO
ASSIST, WHERE APPROPRIATE, THE VULNERABLE PERSONS THEY SUPPORT IN DEVEL-
OPING  AND  MAINTAINING  RELATIONSHIPS  WITH  FAMILIES,  FRIENDS AND THE
COMMUNITY-AT-LARGE.
  F.  PROVISIONS REGARDING THE RESPONSIBILITY OF SUCH EMPLOYEES TO ADVO-
CATE WITH AND/OR ON BEHALF OF THE VULNERABLE PERSONS  THEY  SUPPORT  FOR

S. 7400                             9

THEIR  NEEDS,  INTEREST,  JUSTICE,  INCLUSION AND FULL COMMUNITY PARTIC-
IPATION.
  S 555. JUSTICE  CENTER  MEDICAL REVIEW BOARD; ORGANIZATION.  (A) THERE
SHALL BE WITHIN THE JUSTICE  CENTER  A  JUSTICE  CENTER  MEDICAL  REVIEW
BOARD.  THE  BOARD SHALL BE COMPOSED OF UP TO FIFTEEN MEMBERS, INCLUDING
SPECIALISTS IN FORENSIC PATHOLOGY,  PSYCHIATRY,  INTERNAL  MEDICINE  AND
ADDICTION  MEDICINE  TO BE APPOINTED BY THE GOVERNOR. THE GOVERNOR SHALL
DESIGNATE ONE OF THE MEMBERS TO SERVE AS CHAIR  OF  THE  BOARD.  MEMBERS
SHALL  BE  APPOINTED  FOR  TERMS OF THREE YEARS, PROVIDED, HOWEVER, THAT
ONE-THIRD OF THE MEMBERS FIRST APPOINTED SHALL BE APPOINTED  FOR  A  ONE
YEAR TERM AND ONE-THIRD FOR TWO YEAR TERMS. VACANCIES SHALL BE FILLED IN
THE  SAME MANNER AS ORIGINAL APPOINTMENTS FOR THE REMAINDER OF ANY UNEX-
PIRED TERM. MEMBERS SHALL CONTINUE IN OFFICE  AFTER  THE  EXPIRATION  OF
THEIR  TERMS  UNTIL  THEIR SUCCESSORS HAVE BEEN APPOINTED AND QUALIFIED.
THE GOVERNOR MAY REMOVE ANY MEMBER OF THE BOARD WHENEVER IN HIS  OR  HER
JUDGMENT  THE  PUBLIC INTEREST MAY REQUIRE SUCH REMOVAL. IN CASE OF SUCH
REMOVAL, THE GOVERNOR SHALL FILE WITH THE DEPARTMENT OF STATE  A  STATE-
MENT   INDICATING  THE  CAUSE  FOR  SUCH  REMOVAL.  NOTWITHSTANDING  ANY
PROVISION OF LAW TO THE CONTRARY, THE CHAIR OF  THE  BOARD  MAY  APPOINT
COMMITTEES  OF FIVE OR MORE MEMBERS OF THE BOARD AND DELEGATE IN WRITING
TO ANY SUCH COMMITTEE THE AUTHORITY TO PERFORM THE FUNCTIONS, POWERS AND
DUTIES OF THE BOARD PURSUANT TO SECTION FIVE HUNDRED FIFTY-SIX  OF  THIS
ARTICLE.
  (B)  THE  MEMBERS OF THE BOARD SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICES BUT SHALL BE REIMBURSED FOR THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
  (C) THE BOARD SHALL HAVE AN EXECUTIVE SECRETARY AND SUCH OFFICERS  AND
EMPLOYEES  AS  THE  EXECUTIVE  DIRECTOR SHALL ASSIGN UPON REQUEST OF THE
CHAIR OF THE BOARD, TO ASSIST IT IN THE PERFORMANCE OF ITS DUTIES.
  (D) ALL RECORDS OF THE PROCEEDINGS, THE DELIBERATIONS OF  THE  JUSTICE
CENTER  MEDICAL  REVIEW  BOARD  AND ANY TESTIMONY GIVEN BEFORE THE BOARD
SHALL NOT BE SUBJECT TO DISCLOSURE UNDER ARTICLE THIRTY-ONE OF THE CIVIL
PRACTICE LAW AND RULES.
  (E) THE BOARD OR ANY COMMITTEE APPOINTED BY THE  CHAIR  OF  THE  BOARD
SHALL  MEET AT THE REQUEST OF ITS CHAIR OR THE EXECUTIVE DIRECTOR OF THE
JUSTICE CENTER. ANY MEMBER OF  THE  BOARD  WHO  FAILS  TO  ATTEND  THREE
CONSECUTIVE  MEETINGS OF THE BOARD OR THE COMMITTEE TO WHICH SUCH MEMBER
IS ASSIGNED BY THE CHAIR OF THE BOARD, UNLESS EXCUSED BY  THE  CHAIR  OF
THE  BOARD, SHALL BE CONSIDERED TO HAVE VACATED HIS OR HER OFFICE UNLESS
OTHERWISE ORDERED BY THE GOVERNOR. THE TERM OF ANY SUCH PERSON APPOINTED
BY THE GOVERNOR TO FILL SUCH VACANCY SHALL BE GOVERNED BY THE PROVISIONS
OF THIS SECTION.
  S 556. FUNCTIONS, POWERS AND DUTIES OF THE BOARD.  THE JUSTICE  CENTER
MEDICAL  REVIEW  BOARD  SHALL  HAVE  THE FOLLOWING FUNCTIONS, POWERS AND
DUTIES:
  (A) MAKE A PRELIMINARY DETERMINATION WHETHER THE DEATH OF A PATIENT OR
RESIDENT IN A RESIDENTIAL FACILITY WITHIN  THE  MEANING  OF  SUBDIVISION
FOUR  OF  SECTION  FOUR HUNDRED EIGHTY-EIGHT OF THE SOCIAL SERVICES LAW,
WHICH HAS BEEN BROUGHT TO ITS ATTENTION IS UNUSUAL OR WHETHER SUCH DEATH
REASONABLY APPEARS TO HAVE RESULTED FROM OTHER THAN NATURAL  CAUSES  AND
WARRANTS INVESTIGATION;
  (B)  INVESTIGATE  THE  CAUSES  OF  AND  CIRCUMSTANCES SURROUNDING SUCH
UNUSUAL DEATH OR DEATHS FROM OTHER THAN NATURAL CAUSES  OF  PATIENTS  OR
RESIDENTS IN SUCH FACILITIES;
  (C) VISIT AND INSPECT ANY FACILITY IN WHICH SUCH A DEATH HAS OCCURRED;

S. 7400                            10

  (D)  CAUSE  THE  BODY  OF  THE  DECEASED  TO UNDERGO SUCH EXAMINATIONS
INCLUDING AN AUTOPSY AS IN THE OPINION OF THE  BOARD  ARE  NECESSARY  TO
DETERMINE  THE  CAUSE OF DEATH, IRRESPECTIVE OF WHETHER SUCH EXAMINATION
OR AUTOPSY SHALL HAVE BEEN PREVIOUSLY PERFORMED;
  (E)  UPON  REVIEW  OF  THE  CAUSE OF AND CIRCUMSTANCES SURROUNDING THE
DEATH OF ANY PATIENT OR RESIDENT, SUBMIT ITS REPORT THEREON TO THE EXEC-
UTIVE DIRECTOR AND, WHERE APPROPRIATE, MAKE RECOMMENDATIONS  TO  PREVENT
THE RECURRENCE OF SAME TO THE APPROPRIATE COMMISSIONER OF THE DEPARTMENT
OF  MENTAL  HYGIENE  OR THE COMMISSIONER OF CHILDREN AND FAMILY SERVICES
AND TO THE DIRECTOR OF THE FACILITY; AND
  (F) ADVISE THE EXECUTIVE DIRECTOR ON MEDICAL ISSUES  RELEVANT  TO  THE
FUNCTIONS,  POWERS,  AND  DUTIES OF THE JUSTICE CENTER INCLUDING ALLEGA-
TIONS OF ABUSE OR NEGLECT OF A PATIENT OR RESIDENT REFERRED TO IT.
  S 557. REPORTS TO THE JUSTICE CENTER.  EVERY DIRECTOR OR OTHER  PERSON
IN  CHARGE  OF  A RESIDENTIAL FACILITY WITHIN THE MEANING OF SUBDIVISION
FOUR OF SECTION FOUR HUNDRED EIGHTY-EIGHT OF THE  SOCIAL  SERVICES  LAW,
SHALL  REPORT  IMMEDIATELY  TO  THE  EXECUTIVE  DIRECTOR AND THE JUSTICE
CENTER MEDICAL REVIEW BOARD THE DEATH OF A PATIENT OR  RESIDENT  OF  ANY
SUCH  FACILITY  IN SUCH MANNER AND SUCH FORM AS THE JUSTICE CENTER SHALL
PRESCRIBE, TOGETHER WITH AN AUTOPSY REPORT, IF ANY.
  S 558. ACCESS TO RECORDS AND FACILITIES.  (A) THE JUSTICE CENTER  MUST
BE GRANTED ACCESS AT ANY AND ALL TIMES TO ANY FACILITY OR PROVIDER AGEN-
CY  AS  DEFINED IN SUBDIVISION FOUR OF SECTION FOUR HUNDRED EIGHTY-EIGHT
OF THE SOCIAL SERVICES LAW, AND, CONSISTENT WITH  FEDERAL  LAW,  TO  ALL
BOOKS,  RECORDS,  AND  DATA  PERTAINING TO ANY SUCH FACILITY OR PROVIDER
AGENCY DEEMED NECESSARY FOR CARRYING OUT THE JUSTICE CENTER'S FUNCTIONS,
POWERS AND DUTIES.  THE JUSTICE CENTER OR ANY EMPLOYEE  OF  THE  JUSTICE
CENTER  MAY  REQUIRE  FROM THE OFFICERS OR EMPLOYEES OF SUCH FACILITY OR
PROVIDER AGENCY OR FROM THE COMMISSIONERS OF THE STATE  OVERSIGHT  AGEN-
CIES  AS  DEFINED  IN  SUBDIVISION  FOUR-A  OF SUCH SECTION FOUR HUNDRED
EIGHTY-EIGHT, ANY INFORMATION DEEMED NECESSARY FOR THE PURPOSE OF CARRY-
ING OUT THE JUSTICE CENTER'S FUNCTIONS,  POWERS  AND  DUTIES,  INCLUDING
OTHERWISE  CONFIDENTIAL  INFORMATION.  THE  EXECUTIVE  DIRECTOR  OR  ANY
EMPLOYEE OF THE JUSTICE CENTER MAY REQUIRE FROM ANY HOSPITAL, AS DEFINED
UNDER ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH  LAW,  ANY  INFORMATION,
REPORT  OR  RECORD  NECESSARY  FOR THE PURPOSE OF CARRYING OUT THE FUNC-
TIONS, POWERS AND DUTIES OF THE JUSTICE CENTER RELATED TO  THE  INVESTI-
GATION  OF  DEATHS AND COMPLAINTS OF ABUSE OR NEGLECT CONCERNING VULNER-
ABLE PERSONS WHO HAVE BEEN TREATED AT SUCH HOSPITALS, AND FROM ANY ADULT
CARE FACILITY AS DEFINED IN PARAGRAPH TWENTY-ONE OF SECTION TWO  OF  THE
SOCIAL  SERVICES  LAW,  SUCH  INFORMATION,  REPORT  OR RECORD, INCLUDING
ACCESS TO SUCH FACILITY NECESSARY FOR THE PURPOSE OF  CARRYING  OUT  THE
FUNCTIONS, POWERS AND DUTIES OF THE JUSTICE CENTER RELATED TO THE INVES-
TIGATION  OF DEATHS CONCERNING PATIENTS OF MENTAL HYGIENE FACILITIES WHO
RESIDED AT SUCH RESIDENTIAL CARE FACILITIES AT THE TIME OF  THEIR  DEATH
OR  WERE  FORMER  RESIDENTS  OF SUCH RESIDENTIAL CARE FACILITIES AND THE
JUSTICE CENTER DETERMINES THAT SUCH INFORMATION,  REPORT  OR  RECORD  IS
NECESSARY FOR THE COMPLETION OF ITS INVESTIGATION. THE RESULTS OF INVES-
TIGATIONS  INVOLVING  SUCH  RESIDENTS  OF ADULT CARE FACILITIES SHALL BE
PROVIDED PROMPTLY TO THE COMMISSIONER OF THE DEPARTMENT  OF  HEALTH  AND
SHALL  BE TREATED AS A RECORD OR PERSONAL INFORMATION WITHIN THE MEANING
OF SECTION NINETY-SIX OF THE  PUBLIC  OFFICERS  LAW  AND  SHALL  NOT  BE
DISCLOSED  EXCEPT  IN  ACCORDANCE WITH SUCH SECTION NINETY-SIX. INFORMA-
TION, BOOKS, RECORDS OR DATA WHICH ARE CONFIDENTIAL AS PROVIDED  BY  LAW
SHALL  BE  KEPT  CONFIDENTIAL  BY  THE  JUSTICE CENTER AND BY NON-PROFIT
ORGANIZATIONS RECEIVING  CONTRACTS  PURSUANT  TO  SECTION  FIVE  HUNDRED

S. 7400                            11

FIFTY-THREE  OF  THIS ARTICLE AND ANY LIMITATIONS ON THE RELEASE THEREOF
IMPOSED BY LAW UPON THE PARTY FURNISHING THE INFORMATION, BOOKS, RECORDS
OR DATA SHALL APPLY TO THE JUSTICE CENTER AND SUCH NON-PROFIT  ORGANIZA-
TIONS  RECEIVING  CONTRACTS  PURSUANT  TO SUCH SUBDIVISION EXCEPT AS MAY
OTHERWISE BE PROVIDED BY ARTICLE ELEVEN OF THE SOCIAL SERVICES LAW.
  (B) PURSUANT TO THE AUTHORIZATION OF THE JUSTICE CENTER TO  ADMINISTER
THE  PROTECTION  AND ADVOCACY SYSTEM AS PROVIDED FOR BY FEDERAL LAW, ANY
AGENCY OR PERSON WITHIN OR UNDER CONTRACT WHICH PROVIDES PROTECTION  AND
ADVOCACY  SERVICES  MUST  BE  GRANTED ACCESS AT ANY AND ALL TIMES TO ANY
FACILITY, OR PART THEREOF, SERVING A VULNERABLE PERSON OPERATED,  CERTI-
FIED OR LICENSED BY ANY OFFICE OR AGENCY OF THE STATE, AND TO ALL BOOKS,
RECORDS,  AND  DATA  PERTAINING  TO  ANY SUCH FACILITY UPON RECEIPT OF A
COMPLAINT BY OR ON BEHALF OF A PERSON WITH A DISABILITY.    INFORMATION,
BOOKS,  RECORDS  OR DATA WHICH ARE CONFIDENTIAL AS PROVIDED BY LAW SHALL
BE KEPT CONFIDENTIAL BY THE PERSON OR AGENCY WITHIN THE  PROTECTION  AND
ADVOCACY  SYSTEM  AND  ANY LIMITATIONS ON THE RELEASE THEREOF IMPOSED BY
LAW UPON THE PARTY FURNISHING THE INFORMATION, BOOKS,  RECORDS  OR  DATA
SHALL  APPLY  TO THE PERSON OR AGENCY WITHIN THE PROTECTION AND ADVOCACY
SYSTEM.
  (C) IN THE EXERCISE OF ITS FUNCTIONS, POWERS AND DUTIES, THE EXECUTIVE
DIRECTOR AND ANY EMPLOYEE DESIGNATED BY HIM  OR  HER  IS  AUTHORIZED  TO
ISSUE  AND  ENFORCE A SUBPOENA AND A SUBPOENA DUCES TECUM, CONDUCT HEAR-
INGS, ADMINISTER OATHS AND EXAMINE PERSONS  UNDER  OATH,  IN  ACCORDANCE
WITH AND PURSUANT TO CIVIL PRACTICE LAW AND RULES.
  (D)  IN  ANY CASE WHERE A PERSON IN CHARGE OR CONTROL OF SUCH FACILITY
OR AN OFFICER  OR  EMPLOYEE  THEREOF  SHALL  FAIL  TO  COMPLY  WITH  THE
PROVISIONS  OF  SUBDIVISION  (A) OF THIS SECTION, THE JUSTICE CENTER MAY
APPLY TO THE SUPREME COURT FOR AN ORDER DIRECTED TO SUCH PERSON  REQUIR-
ING COMPLIANCE THEREWITH. UPON SUCH APPLICATION THE COURT MAY ISSUE SUCH
ORDER AS MAY BE JUST AND A FAILURE TO COMPLY WITH THE ORDER OF THE COURT
SHALL BE A CONTEMPT OF COURT AND PUNISHABLE AS SUCH.
  S 559. NEW YORK STATE INTERAGENCY COORDINATING COUNCIL FOR SERVICES TO
PERSONS  WHO ARE DEAF, DEAF-BLIND, OR HARD OF HEARING.  1. SUBJECT TO AN
APPROPRIATION, THE JUSTICE CENTER SHALL HAVE THE CENTRAL  RESPONSIBILITY
FOR  ADMINISTERING  THE PROVISIONS OF THIS SECTION AND OTHERWISE COORDI-
NATING THE ACTIVITIES OF THE STATE INTERAGENCY COORDINATING COUNCIL  FOR
SERVICES  TO  PERSONS  WHO ARE DEAF, DEAF-BLIND, OR HARD OF HEARING WITH
RESPECT TO SERVING RESIDENTS OF THE STATE WHO ARE DEAF,  DEAF-BLIND,  OR
HARD  OF HEARING, IN CONSULTATION WITH THE OFFICE OF CHILDREN AND FAMILY
SERVICES, THE OFFICE FOR THE AGING, THE PUBLIC SERVICE  COMMISSION,  THE
DEPARTMENT  OF HEALTH, THE DEPARTMENT OF LABOR, THE DEPARTMENT OF EDUCA-
TION, AND OTHER STATE AGENCIES AS APPROPRIATE. THE COUNCIL SHALL MEET  A
MINIMUM OF THREE TIMES A YEAR.
  2.  THE  FOLLOWING DEFINITIONS DESCRIBE THE FUNCTIONAL CHARACTERISTICS
OF PERSONS WHO ARE DEAF, DEAF-BLIND, OR HARD OF HEARING, AS USED IN THIS
SECTION.
  (A) DEAF. DESCRIBES PERSONS WHO HAVE A PROFOUND HEARING LOSS  AND  WHO
PRIMARILY  RELY ON VISUAL COMMUNICATION, SUCH AS SIGN LANGUAGE, WRITING,
LIP READING, AND GESTURES, WHICH MAY BE USED EXCLUSIVELY OR IN  COMBINA-
TION.  SUCH  PERSONS  GENERALLY  USE A FORM OF AMERICAN SIGN LANGUAGE AS
THEIR PRIMARY MODE OF COMMUNICATION. IN ADDITION, THERE IS  A  GROUP  OF
PROFOUNDLY  DEAF  INDIVIDUALS  WHO  COMMUNICATE  ORALLY AND MAY USE SIGN
LANGUAGE TO SUPPORT THEIR UNDERSTANDING OF THE SPOKEN LANGUAGE.  HEARING
AIDS  AND OTHER ASSISTIVE TECHNOLOGY MAY ALSO BE USED TO AID IN COMMUNI-
CATION.

S. 7400                            12

  (B) DEAF-BLIND. AN INDIVIDUAL WITH A CONCOMITANT  HEARING  AND  VISUAL
IMPAIRMENT,  THE  COMBINATION  OF WHICH CAUSES SUCH SEVERE COMMUNICATION
AND OTHER DEVELOPMENTAL AND EDUCATIONAL  PROBLEMS  THAT  THE  INDIVIDUAL
CANNOT  BE  ACCOMMODATED IN PROGRAMS FOR INDIVIDUALS WHO ARE SOLELY DEAF
OR BLIND.
  (C)  HARD OF HEARING. A HARD OF HEARING PERSON IS SOMEONE WITH A MEAS-
URABLE HEARING LOSS AND WHO SELF-IDENTIFIES AS BEING  HARD  OF  HEARING,
ALTHOUGH  AUDIOLOGICALLY  HE  OR  SHE  MAY HAVE A PROFOUND HEARING LOSS.
ADDITIONALLY, THIS PERSON TYPICALLY USES HIS OR  HER  RESIDUAL  HEARING,
SPEECH AND SPEECH READING SKILLS, AND HEARING AIDS TO COMMUNICATE; HE OR
SHE MAY RELY ON ASSISTIVE LISTENING DEVICES TO AUGMENT HIS OR HER ABILI-
TY TO HEAR AND SPEAK.
  3.  SUBJECT  TO  AN  APPROPRIATION,  THE JUSTICE CENTER SHALL HAVE THE
FOLLOWING POWERS AND DUTIES:
  (A) TO COORDINATE THE ACTIVITIES OF THE STATE INTERAGENCY COORDINATING
COUNCIL AND TO PROMOTE, IN COOPERATION WITH THE APPROPRIATE STATE  AGEN-
CIES, THE IMPLEMENTATION OF A COMPREHENSIVE STATEWIDE PROGRAM OF COORDI-
NATED  SERVICES FOR PERSONS WHO ARE DEAF, DEAF-BLIND, OR HARD OF HEARING
THAT INCLUDES EDUCATIONAL, MEDICAL, HOUSING, TRANSPORTATION,  TECHNOLOGY
SUPPORTS,  PERSONAL  CARE,  FAMILY  SUPPORTS,  DAY PROGRAM SERVICES, AND
OTHER ESSENTIAL SERVICES THAT MAXIMIZE EXISTING RESOURCES  AND  ADMINIS-
TRATIVE MECHANISMS TO ADDRESS ISSUES AND LEGAL OBLIGATIONS.
  (B) TO MAINTAIN DATA ON THE INCIDENCE OF DEAFNESS, DEAF-BLINDNESS, AND
OTHER HEARING LOSS.
  (C)  TO SERVE AS A CLEARINGHOUSE FOR INFORMATION ON SERVICES AVAILABLE
TO PERSONS WHO ARE DEAF, DEAF-BLIND, OR HARD OF HEARING, INCLUDING,  BUT
NOT  LIMITED  TO, RESOURCES THAT SUPPORT THE DEVELOPMENT AND IMPLEMENTA-
TION OF COMMUNITY-BASED SERVICES AND REHABILITATION.
  (D) TO DISSEMINATE GENERAL INFORMATION  ON  DEAFNESS  AND  THE  UNIQUE
COMMUNICATION  NEEDS  OF  PERSONS  WHO ARE DEAF, DEAF-BLIND, AND HARD OF
HEARING, AND TO INFORM THE DEAF, DEAF-BLIND, AND HARD OF HEARING  COMMU-
NITIES ABOUT AVAILABLE SERVICES AND HOW SUCH SERVICES CAN BE ACCESSED.
  (E)  TO  RECEIVE COMPLAINTS IN MATTERS AFFECTING THE DEAF, DEAF-BLIND,
OR HARD OF HEARING COMMUNITIES AND  TO  REFER  SUCH  COMPLAINTS  TO  THE
APPROPRIATE REGULATORY AGENCIES WHERE IT DEEMS NECESSARY OR APPROPRIATE.
  (F)  TO  CONDUCT  AN  ONGOING  EVALUATION  OF  THE  NEEDS OF THE DEAF,
DEAF-BLIND, AND HARD OF HEARING COMMUNITIES, INCLUDING TECHNOLOGY NEEDS.
  (G) TO REPORT TO THE GOVERNOR AND THE LEGISLATURE, ON OR BEFORE NOVEM-
BER FIRST OF EACH YEAR, ON MATTERS  WHICH  SHALL  INCLUDE,  BUT  NOT  BE
LIMITED TO:
  (I)  THE  STATUS  OF  CURRENT  EFFORTS TO ACHIEVE THE PURPOSES OF THIS
SECTION, WHICH WILL BE UPDATED IN SUBSEQUENT REPORTS; AND
  (II) RECOMMENDATIONS FOR STANDARDS, POLICIES, PROCEDURES, AND  STRATE-
GIES NECESSARY TO ASSURE COMMUNICATION ACCESSIBILITY AND COMMUNITY-BASED
SERVICES, INCLUDING NEEDED STATUTORY REVISIONS.
  4. (A) SUBJECT TO AN APPROPRIATION, THE STATE INTERAGENCY COORDINATING
COUNCIL  FOR  SERVICES  TO  PERSONS WHO ARE DEAF, DEAF-BLIND, OR HARD OF
HEARING IS HEREBY ESTABLISHED AND SHALL CONSIST OF THE FOLLOWING PERSONS
TO BE APPOINTED BY THE GOVERNOR:
  (I) SEVEN AGENCY HEADS OR THEIR DESIGNEES,  ACTING  IN  AN  EX-OFFICIO
CAPACITY:  THE EXECUTIVE DIRECTOR OF THE JUSTICE CENTER, WHO SHALL SERVE
AS THE CHAIR OF THE STATE INTERAGENCY COORDINATING COUNCIL, THE  COMMIS-
SIONER  OF  THE  OFFICE OF CHILDREN AND FAMILY SERVICES, THE DIRECTOR OF
THE OFFICE FOR AGING, THE CHAIR OF THE PUBLIC  SERVICE  COMMISSION,  THE
COMMISSIONER  OF HEALTH, THE COMMISSIONER OF LABOR, AND THE COMMISSIONER
OF EDUCATION;

S. 7400                            13

  (II) SIX PERSONS WHO ARE RESIDENTS OF NEW YORK STATE AND WHO SHALL  BE
PERSONS  WHO ARE DEAF, DEAF-BLIND, OR HARD OF HEARING, ONE OF WHOM SHALL
BE APPOINTED ON THE NOMINATION OF THE TEMPORARY PRESIDENT OF THE SENATE,
ONE OF WHOM SHALL BE APPOINTED ON THE NOMINATION OF THE SPEAKER  OF  THE
ASSEMBLY, ONE OF WHOM SHALL BE APPOINTED ON THE NOMINATION OF THE MINOR-
ITY  LEADER  OF  THE  SENATE,  AND ONE OF WHOM SHALL BE APPOINTED ON THE
NOMINATION OF THE MINORITY LEADER OF THE ASSEMBLY; AND
  (III) TWO PERSONS WHO ARE RESIDENTS OF NEW  YORK  STATE  AND  WHO  ARE
REPRESENTATIVES  OF  THE  PUBLIC  AND  HAVE A DEMONSTRATED EXPERTISE AND
INTEREST IN THE NEEDS OF PERSONS WHO ARE DEAF, DEAF-BLIND,  OR  HARD  OF
HEARING.
  (B)  OF THE EIGHT PERSONS APPOINTED PURSUANT TO SUBPARAGRAPHS (II) AND
(III) OF PARAGRAPH (A) OF THIS SUBDIVISION, TWO SHALL SERVE FOR  A  TERM
OF  ONE  YEAR,  TWO  SHALL  SERVE FOR A TERM OF TWO YEARS, AND TWO SHALL
SERVE FOR A TERM OF THREE YEARS, AS DETERMINED BY THE GOVERNOR.   SUBSE-
QUENT  APPOINTMENTS  UPON  THE EXPIRATION OF TERM SHALL BE FOR A TERM OF
THREE YEARS AND SHALL BE FILLED IN  THE  SAME  MANNER  AS  THE  ORIGINAL
APPOINTMENT.
  (C)  THE  EIGHT  MEMBERS OF THE STATE INTERAGENCY COORDINATING COUNCIL
DESCRIBED IN SUBPARAGRAPHS (II) AND  (III)  OF  PARAGRAPH  (A)  OF  THIS
SUBDIVISION  SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT SHALL
BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE  PERFORM-
ANCE  OF  THEIR DUTIES PURSUANT TO THIS SECTION, SUBJECT TO THE APPROVAL
OF THE JUSTICE CENTER.
  5. SUBJECT TO AN APPROPRIATION,  THE  STATE  INTERAGENCY  COORDINATING
COUNCIL  IS  CHARGED  WITH RECOMMENDING LONG RANGE STRATEGIC OBJECTIVES,
GOALS, AND PRIORITIES FOR PROMOTING THE AVAILABILITY OF A  COMPREHENSIVE
STATEWIDE  PROGRAM  OF  COORDINATED  SERVICES  FOR PERSONS WHO ARE DEAF,
DEAF-BLIND, OR HARD OF HEARING THAT IS CONSISTENT WITH  SUBDIVISION  ONE
OF  THIS  SECTION. IT SHALL ALSO PROVIDE ADVICE ON THE PLANNING, COORDI-
NATION, AND DEVELOPMENT OF NEEDED SERVICES AND TECHNOLOGY, INCLUDING THE
MANNER IN WHICH SUCH SERVICES SHALL BE FUNDED OR OTHERWISE SUPPORTED.
  S 560. ANNUAL REPORT. THE JUSTICE CENTER SHALL MAKE AN  ANNUAL  REPORT
TO THE GOVERNOR AND LEGISLATURE CONCERNING ITS WORK DURING THE PRECEDING
YEAR.  SUCH  REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, DATA REGARDING
THE NUMBER OF REPORTS RECEIVED BY THE VULNERABLE PERSONS' CENTRAL REGIS-
TER, RESULTS OF INVESTIGATIONS BY  TYPES  OF  FACILITIES  AND  PROGRAMS,
TYPES OF CORRECTIVE ACTIONS TAKEN, RESULTS OF ITS REVIEW OF PATTERNS AND
TRENDS  IN  THE  REPORTING  OF  AND  RESPONSE  TO INCIDENTS OF ABUSE AND
NEGLECT, AND OTHER SERIOUS INCIDENTS AND ITS RECOMMENDATIONS FOR  APPRO-
PRIATE PREVENTIVE AND CORRECTIVE ACTIONS, AND EFFORTS UNDERTAKEN BY SUCH
JUSTICE  CENTER  TO  PROVIDE  TRAINING  PURSUANT  TO SUBDIVISION FOUR OF
SECTION FIVE HUNDRED FIFTY-THREE OF THIS ARTICLE.
  S 4. Subdivision 32 of section 1.20 of the criminal procedure law,  as
amended  by  chapter  250  of  the  laws  of 1974, is amended to read as
follows:
  32. "District  attorney"  means  a  district  attorney,  an  assistant
district  attorney  or a special district attorney, and, where appropri-
ate, the attorney general,  an  assistant  attorney  general,  a  deputy
attorney general [or], a special deputy attorney general, OR THE SPECIAL
PROSECUTOR  AND  INSPECTOR  GENERAL  FOR  THE  PROTECTION OF PEOPLE WITH
SPECIAL NEEDS OR HIS OR HER ASSISTANTS WHEN  ACTING  PURSUANT  TO  THEIR
DUTIES IN MATTERS ARISING UNDER ARTICLE TWENTY OF THE EXECUTIVE LAW.
  S  5.  Subdivision 6 of section 401 of the correction law, as added by
chapter 1 of the laws of 2008, is amended to read as follows:

S. 7400                            14

  6. The department shall ensure that the curriculum for new  correction
officers,  and  other  new  department  staff who will regularly work in
programs providing mental health treatment for inmates, shall include at
least eight hours of training about the types  and  symptoms  of  mental
illnesses,  the  goals  of  mental  health  treatment, the prevention of
suicide and training in how to effectively  and  safely  manage  inmates
with  mental  illness.  Such  training  may be provided by the office of
mental health or the [New York state commission on quality of  care  and
advocacy   for   persons  with  disabilities]  JUSTICE  CENTER  FOR  THE
PROTECTION OF PEOPLE WITH SPECIAL NEEDS. All department  staff  who  are
transferring  into  a  residential  mental  health  treatment unit shall
receive a minimum of eight additional hours of such training, and  eight
hours  of  annual  training  as  long  as  they work in such a unit. The
department shall provide additional training on these topics on an ongo-
ing basis as it deems appropriate.
  S 6. Section 401-a of the correction law, as added by chapter 1 of the
laws of 2008, is amended to read as follows:
  S 401-a.  Oversight responsibilities of the [New York state commission
on quality of care and advocacy for persons with  disabilities]  JUSTICE
CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS. 1. The [New York
state  commission on quality of care and advocacy for persons with disa-
bilities ("commission")] JUSTICE CENTER FOR  THE  PROTECTION  OF  PEOPLE
WITH  SPECIAL  NEEDS  shall be responsible for monitoring the quality of
mental health care provided to inmates pursuant to article forty-five of
the mental hygiene law.  The  [commission]  JUSTICE  CENTER  shall  have
direct  and  immediate  access  to  all  areas where state prisoners are
housed, and to clinical and  department  records  relating  to  inmates'
clinical  conditions. The [commission] JUSTICE CENTER shall maintain the
confidentiality of all patient-specific information.
  2. The [commission] JUSTICE CENTER shall monitor the quality  of  care
in residential mental health treatment programs and shall ensure compli-
ance  with  paragraphs  (d)  and  (e)  of subdivision six of section one
hundred thirty-seven of this chapter and section  four  hundred  one  of
this  article.  The  [commission]  JUSTICE  CENTER  may recommend to the
department and the office of mental health that  inmates  in  segregated
confinement  pursuant  to subdivision six of section one hundred thirty-
seven of this chapter be evaluated for placement in a residential mental
health treatment unit.  It may also recommend ways to further  the  goal
of  diverting  and  removing  inmates  with  serious mental illness from
segregated confinement to residential mental health treatment units. The
[commission] JUSTICE CENTER shall include in its annual  report  to  the
governor  and  the  legislature pursuant to [subdivision (g) of] section
[45.07] FIVE HUNDRED SIXTY of the  [mental  hygiene]  EXECUTIVE  law,  a
description  of  the  state's  progress  in complying with this article,
which shall be publicly available.
  3. The [commission] JUSTICE CENTER shall appoint an advisory committee
on psychiatric correctional care ("committee"), which shall be  composed
of  independent  mental  health experts and mental health advocates, and
may include  family  members  of  former  inmates  with  serious  mental
illness.  Such committee shall advise the [commission] JUSTICE CENTER on
its oversight responsibilities pursuant to  this  section  [and  article
forty-five  of  the  mental  hygiene  law].  The committee may also make
recommendations to the [commission] JUSTICE  CENTER  regarding  improve-
ments  to  prison-based  mental health care. Nothing in this subdivision
shall be deemed to authorize members of the committee to have access  to
a  correctional or mental hygiene facility or any part of such a facili-

S. 7400                            15

ty. Provided, however, newly appointed members of the advisory committee
shall be provided with a tour of a segregated  confinement  unit  and  a
residential mental health treatment unit, as selected by the commission-
er.  Any such tour shall be arranged on a date and at a time selected by
the commissioner and upon such terms and conditions as  are  within  the
sole discretion of the commissioner.
  S  7.  Paragraph  (c) of subdivision 6 of section 2994-m of the public
health law, as added by chapter 8 of the laws of  2010,  is  amended  to
read as follows:
  (c)  Nothing  in this subdivision shall prohibit the [state commission
on quality of care and advocacy for persons with  disabilities]  JUSTICE
CENTER  FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS or any agency or
person within or under contract with  the  [commission]  JUSTICE  CENTER
which  provides  protection  and  advocacy  services  from requiring any
information, report or record from a hospital  in  accordance  with  the
provisions  of  section  [45.09] FIVE HUNDRED FIFTY-EIGHT of the [mental
hygiene] EXECUTIVE law.
  S 8. Transfer of employees. Notwithstanding  any  other  provision  of
law, rule, or regulation to the contrary, upon the transfer of any func-
tions  from  the  state  commission  on quality of care and advocacy for
persons with disabilities, 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 and
the department of health and to the justice center for the protection of
people with special needs pursuant to  this  act,  employees  performing
those  functions shall be transferred to such justice center.  Employees
transferred pursuant  to  this  section  shall  be  transferred  without
further  examination  or qualification and shall retain their respective
civil service classifications, status  and  collective  bargaining  unit
designations and collective bargaining agreements.
  S 9. Transfer of records. All books, papers, and property of the state
commission on quality of care and advocacy for persons with disabilities
shall be deemed to be in the possession of the executive director of the
justice  center  for  the  protection  of people with special needs, and
shall continue to be maintained by such justice center.
  S 10. Continuity of authority. For the purpose of  succession  of  all
functions,  powers,  duties and obligations transferred and assigned to,
devolved upon and assumed by it pursuant to this act, the justice center
for the protection of people with special needs shall be deemed and held
to constitute the continuation of the state  commission  on  quality  of
care and advocacy for persons with disabilities.
  S  11. Completion of unfinished business. Any business or other matter
undertaken or commenced by the state commission on quality of  care  and
advocacy for persons with disabilities, the office of mental health, the
office  for  people with developmental disabilities, the office of alco-
holism and substance abuse services, the office of children  and  family
services,  the  department  of health and the state education department
pertaining to or connected with the functions, powers,  obligations  and
duties  hereby  transferred  and  assigned to the justice center for the
protection of people with special needs and  pending  on  the  effective
date  of this act, may be conducted and completed by such justice center
in the same manner and under the same terms and conditions and with  the
same  effect  as  if  conducted and completed by the state commission on
quality of care and advocacy for persons with disabilities.
  S 12. Continuation of rules and regulations. All  rules,  regulations,
acts,  orders,  determinations, and decisions of the state commission on

S. 7400                            16

quality of care and advocacy for persons with disabilities pertaining to
the functions and powers transferred and assigned pursuant to this  act,
in  force at the time of such transfer and assumption, shall continue in
full  force  and  effect  as  rules, regulations, acts, orders, determi-
nations and decisions of the justice center for the protection of people
with special needs until duly modified or  abrogated  by  the  executive
director of such justice center.
  S 13. Terms occurring in laws, contracts and other documents. Whenever
the  state  commission  on quality of care and advocacy for persons with
disabilities, or the chairman thereof, is referred to or  designated  in
any law, contract or document pertaining to the functions, powers, obli-
gations  and  duties  hereby  transferred to and assigned to the justice
center for the protection of people with special needs,  such  reference
or  designation  shall be deemed to refer to such justice center, or the
executive director thereof, as applicable.
  S 14. Existing rights and remedies preserved.  No  existing  right  or
remedy  of  any  character  shall  be  lost, impaired or affected by any
provisions of this act.
  S 15. Pending actions and proceedings. No action or proceeding pending
at the time when this act shall take effect, brought by or  against  the
state  commission on quality of care and advocacy for persons with disa-
bilities, or the chairman thereof, shall be affected by any provision of
this act, but the same may be prosecuted or defended in the name of  the
executive  director  of  the justice center for the protection of people
with special needs.  In all such actions and proceedings, the  executive
director of such justice center, upon application to the court, shall be
substituted as a party.
  S  16.  Transfer of appropriations heretofore made. All appropriations
or reappropriations heretofore made to the state commission  on  quality
of  care  and  advocacy  for  persons with disabilities to the extent of
remaining unexpended or unencumbered balance thereof, whether  allocated
or  unallocated  and whether obligated or unobligated, are hereby trans-
ferred to and made available for use  and  expenditure  by  the  justice
center  for  the  protection of people with special needs subject to the
approval of the director of the budget for the same purposes  for  which
originally appropriated or reappropriated and shall be payable on vouch-
ers  certified  or  approved  by  the executive director of such justice
center on audit and warrant of the  comptroller.  In  addition  to  such
authority otherwise granted pursuant to law to interchange, transfer and
suballocate amounts appropriated for the office for people with develop-
mental  disabilities,  the  office  of  alcoholism  and  substance abuse
services, the department of health and the office of children and family
services, such amounts appropriated for state operations for such  agen-
cies  may  also  be  interchanged,  transferred and suballocated for the
purpose of planning, developing and/or implementing the alignment of the
operations within and between such agencies sufficient  to  fulfill  the
purposes of this act for the state fiscal year beginning April 1, 2012.
  S  17.  Transfer of assets and liabilities. All assets and liabilities
of the state commission on quality of care and advocacy for persons with
disabilities are hereby transferred to and assumed by the justice center
for the protection of people with special needs.
  S 18. This act shall take effect upon the confirmation by  the  senate
of  the  appointment  by  the  governor of the executive director of the
justice center for the protection of people with special needs, proof of
such confirmation to be promptly transmitted  by  the  governor  to  the
legislative  bill drafting commission, provided that should confirmation

S. 7400                            17

not take place on or before April 1, 2013, then  this  part  shall  take
effect on April 1, 2013.

                                 PART B

  Section 1. Article 11 of the social services law is renumbered article
12  and  sections  484, 485 and 486 are renumbered sections 550, 551 and
552 and a new article 11 is added to read as follows:
                               ARTICLE 11
                 PROTECTION OF PEOPLE WITH SPECIAL NEEDS
SECTION 488.   DEFINITIONS.
        489.   APPLICABILITY.
        490.   INCIDENT MANAGEMENT PROGRAMS.
        491.   DUTY TO REPORT INCIDENTS.
        492.   VULNERABLE PERSONS' CENTRAL REGISTER.
        493.   ABUSE AND NEGLECT FINDINGS; CONSEQUENCES.
        494.   AMENDMENTS TO AND APPEALS  OF  SUBSTANTIATED  REPORTS  OF
                 ABUSE OR NEGLECT.
        495.   REGISTER  OF SUBSTANTIATED CATEGORY ONE CASES OF ABUSE OR
                 NEGLECT.
        496.   CONFIDENTIALITY.
        497.   IMMUNITY FROM LIABILITY.
  S 488. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  1. "ABUSE OR NEGLECT" SHALL INCLUDE THE CONDUCT DESCRIBED IN PARAGRAPH
(A) OF SUBDIVISION FOUR OF SECTION FOUR  HUNDRED  NINETY-THREE  OF  THIS
ARTICLE, AS WELL AS:
  (A)  "PHYSICAL  ABUSE,"  WHICH SHALL MEAN PHYSICAL CONTACT THAT IS NOT
ACCIDENTAL, IS COMMITTED BY AN AGENT OF A FACILITY  OR  PROVIDER  AGENCY
AND  THAT  RESULTS  IN  OR  HAS  THE REASONABLY FORESEEABLE POTENTIAL TO
RESULT IN PHYSICAL INJURY OR SERIOUS OR  PROTRACTED  IMPAIRMENT  OF  THE
PHYSICAL, MENTAL OR EMOTIONAL CONDITION OF A SERVICE RECIPIENT. PHYSICAL
ABUSE  SHALL  INCLUDE,  BUT  SHALL NOT BE LIMITED TO, SLAPPING, HITTING,
KICKING,  BITING,  CHOKING,  SMOTHERING,  SHOVING,  DRAGGING,  THROWING,
PUNCHING,  SHAKING,  BURNING, CUTTING OR THE USE OF CORPORAL PUNISHMENT.
PHYSICAL ABUSE SHALL  NOT  INCLUDE  REASONABLE  EMERGENCY  INTERVENTIONS
NECESSARY TO PROTECT THE SAFETY OF ANY PERSON.
  (B)  "SEXUAL  ABUSE,"  WHICH  SHALL  MEAN ANY CONDUCT BY AN AGENT OF A
FACILITY OR PROVIDER AGENCY THAT SUBJECTS A PERSON RECEIVING SERVICES TO
ANY OFFENSE DEFINED IN ARTICLE ONE HUNDRED  THIRTY  OR  SECTION  255.25,
255.26  OR  255.27  OF THE PENAL LAW; OR ANY CONDUCT OR COMMUNICATION BY
SUCH AN AGENT THAT ALLOWS, PERMITS, USES OR ENCOURAGES A SERVICE RECIPI-
ENT TO ENGAGE IN ANY ACT DESCRIBED IN ARTICLES TWO HUNDRED THIRTY OR TWO
HUNDRED SIXTY-THREE OF THE PENAL LAW.   FOR PURPOSES OF  THIS  PARAGRAPH
ONLY,  A  PERSON WITH A DEVELOPMENTAL DISABILITY WHO IS OR WAS RECEIVING
SERVICES AND IS ALSO AN EMPLOYEE OR  VOLUNTEER  OF  A  SERVICE  PROVIDER
SHALL  NOT BE CONSIDERED AN AGENT OF A FACILITY OR PROVIDER AGENCY IF HE
OR SHE HAS SEXUAL CONTACT  WITH  ANOTHER  SERVICE  RECIPIENT  WHO  IS  A
CONSENTING ADULT WHO HAS CONSENTED TO SUCH CONTACT.
  (C)  "PSYCHOLOGICAL  ABUSE,"  WHICH  SHALL  MEAN  VERBAL OR NON-VERBAL
CONDUCT BY AN AGENT OF A FACILITY OR PROVIDER AGENCY THAT RESULTS IN  OR
HAS  THE  REASONABLY  FORESEEABLE  POTENTIAL  TO RESULT IN A SUBSTANTIAL
DIMINUTION OF A SERVICE  RECIPIENT'S  EMOTIONAL,  SOCIAL  OR  BEHAVIORAL
DEVELOPMENT  OR  CONDITION, WHICH IS DETERMINED BY A PHYSICIAN, PSYCHOL-
OGIST, PSYCHIATRIC  NURSE  PRACTITIONER,  LICENSED  CLINICAL  OR  MASTER
SOCIAL  WORKER  OR  LICENSED  MENTAL  HEALTH COUNSELOR. SUCH CONDUCT MAY

S. 7400                            18

INCLUDE BUT SHALL NOT BE LIMITED TO INTIMIDATION, THREATS,  THE  DISPLAY
OF  A  WEAPON  OR  OTHER  OBJECT THAT COULD REASONABLY BE PERCEIVED BY A
SERVICE RECIPIENT AS A MEANS FOR INFLICTION OF  PAIN  OR  INJURY,  IN  A
MANNER  THAT  CONSTITUTES  A  THREAT OF PHYSICAL PAIN OR INJURY, TAUNTS,
DEROGATORY COMMENTS OR RIDICULE.
  (D) "INAPPROPRIATE USE OF RESTRAINTS," WHICH SHALL MEAN THE USE  OF  A
RESTRAINT  WHEN  THE TECHNIQUE THAT IS USED, THE AMOUNT OF FORCE THAT IS
USED OR THE SITUATION IN WHICH THE RESTRAINT  IS  USED  IS  INCONSISTENT
WITH A SERVICE RECIPIENT'S INDIVIDUAL TREATMENT PLAN, GENERALLY ACCEPTED
TREATMENT PRACTICES AND/OR APPLICABLE FEDERAL OR STATE LAWS, REGULATIONS
OR POLICIES, EXCEPT WHEN THE RESTRAINT IS USED AS A REASONABLE EMERGENCY
INTERVENTION  TO  PREVENT  IMMINENT  RISK  OF HARM TO A PERSON RECEIVING
SERVICES OR TO ANY OTHER PERSON. FOR PURPOSES  OF  THIS  SUBDIVISION,  A
"RESTRAINT"  SHALL  INCLUDE  THE  USE  OF ANY MANUAL, PHARMACOLOGICAL OR
MECHANICAL MEASURE OR DEVICE TO IMMOBILIZE OR LIMIT  THE  ABILITY  OF  A
PERSON RECEIVING SERVICES TO FREELY MOVE HIS OR HER ARMS, LEGS OR BODY.
  (E)  "USE  OF AVERSIVE CONDITIONING," WHICH SHALL MEAN THE APPLICATION
OF A PHYSICAL STIMULUS THAT IS INTENDED TO INDUCE PAIN OR DISCOMFORT  IN
ORDER TO MODIFY OR CHANGE THE BEHAVIOR OF A PERSON RECEIVING SERVICES IN
THE ABSENCE OF A PERSON-SPECIFIC AUTHORIZATION BY THE OPERATING, LICENS-
ING  OR CERTIFYING STATE AGENCY PURSUANT TO GOVERNING STATE AGENCY REGU-
LATIONS. AVERSIVE CONDITIONING MAY INCLUDE BUT IS NOT  LIMITED  TO,  THE
USE  OF  PHYSICAL  STIMULI SUCH AS NOXIOUS ODORS, NOXIOUS TASTES, BLIND-
FOLDS, THE WITHHOLDING OF MEALS AND THE PROVISION OF SUBSTITUTE FOODS IN
AN UNPALATABLE FORM.
  (F) "OBSTRUCTION OF REPORTS OF ABUSE OR  NEGLECT,"  WHICH  SHALL  MEAN
CONDUCT  BY  AN  AGENT OF A FACILITY OR PROVIDER AGENCY THAT IMPEDES THE
DISCOVERY, REPORTING OR INVESTIGATION OF  THE  TREATMENT  OF  A  SERVICE
RECIPIENT  BY  FALSIFYING  RECORDS  RELATED  TO THE SAFETY, TREATMENT OR
SUPERVISION  OF  A  SERVICE  RECIPIENT  WHO  MAY  HAVE  BEEN  ABUSED  OR
NEGLECTED,  ACTIVELY PERSUADING A MANDATED REPORTER FROM MAKING A REPORT
OF ABUSE OR NEGLECT TO THE STATEWIDE VULNERABLE PERSONS' CENTRAL  REGIS-
TER WITH THE INTENT TO SUPPRESS THE REPORTING OF THE INVESTIGATION OF AN
INCIDENT  OF ABUSE OR NEGLECT, INTENTIONALLY MAKING A FALSE STATEMENT OR
INTENTIONALLY WITHHOLDING MATERIAL INFORMATION DURING  AN  INVESTIGATION
INTO  A  REPORT OF ABUSE OR NEGLECT; INTENTIONAL FAILURE OF A SUPERVISOR
OR MANAGER TO ACT UPON A REPORT OF ABUSE OR NEGLECT IN  ACCORDANCE  WITH
GOVERNING  STATE  AGENCY  REGULATIONS, POLICIES OR PROCEDURES; OR, FOR A
MANDATED REPORTER WHO IS AN AGENT OF  A  FACILITY  OR  PROVIDER  AGENCY,
FAILING TO REPORT ABUSE OR NEGLECT UPON DISCOVERY.
  (G)  "UNLAWFUL USE OR ADMINISTRATION OF A CONTROLLED SUBSTANCE," WHICH
SHALL MEAN ANY ADMINISTRATION TO A SERVICE RECIPIENT  OF:  A  CONTROLLED
SUBSTANCE  AS  DEFINED BY ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW,
WITHOUT A PRESCRIPTION; OR OTHER MEDICATION NOT APPROVED FOR ANY USE  BY
THE FEDERAL FOOD AND DRUG ADMINISTRATION. IT ALSO SHALL INCLUDE AN AGENT
USING  OR  DISTRIBUTING  AN  UNLAWFUL CONTROLLED SUBSTANCE AS DEFINED BY
ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW, AT THE WORKPLACE OR WHILE
ON DUTY.
  (H) "NEGLECT," WHICH SHALL MEAN ANY INACTION OR LACK OF  ATTENTION  BY
AN  AGENT  OF  A  FACILITY OR PROVIDER AGENCY THAT RESULTS IN OR HAS THE
REASONABLY FORESEEABLE POTENTIAL TO RESULT IN PHYSICAL INJURY OR SERIOUS
OR PROTRACTED IMPAIRMENT OF THE PHYSICAL, MENTAL OR EMOTIONAL  CONDITION
OF  A  SERVICE  RECIPIENT. NEGLECT SHALL INCLUDE, BUT IS NOT LIMITED TO:
(I) FAILURE TO PROVIDE PROPER SUPERVISION, INCLUDING A  LACK  OF  PROPER
SUPERVISION  THAT  RESULTS IN CONDUCT BETWEEN PERSONS RECEIVING SERVICES
THAT WOULD CONSTITUTE ABUSE IF COMMITTED BY AN  AGENT  OR  AGENTS  OF  A

S. 7400                            19

FACILITY  OR  PROVIDER  AGENCY;  (II)  FAILURE TO PROVIDE ADEQUATE FOOD,
CLOTHING,  SHELTER,  MEDICAL,  DENTAL,  OPTOMETRIC  OR  SURGICAL   CARE,
CONSISTENT WITH THE RULES OR REGULATIONS PROMULGATED BY THE STATE AGENCY
OPERATING,  CERTIFYING  OR  SUPERVISING THE FACILITY OR PROVIDER AGENCY,
PROVIDED THAT THE FACILITY OR PROVIDER AGENCY HAS REASONABLE  ACCESS  TO
THE  PROVISION  OF SUCH SERVICES AND THAT NECESSARY CONSENTS TO ANY SUCH
MEDICAL, DENTAL, OPTOMETRIC OR SURGICAL TREATMENT HAVE BEEN  SOUGHT  AND
OBTAINED  FROM  THE APPROPRIATE INDIVIDUALS; OR (III) FAILURE TO PROVIDE
ACCESS TO EDUCATIONAL INSTRUCTION, BY AN AGENT WITH  A  DUTY  TO  ENSURE
THAT  AN  INDIVIDUAL  RECEIVES  ACCESS TO SUCH INSTRUCTION IN ACCORDANCE
WITH THE PROVISIONS OF PART ONE OF ARTICLE SIXTY-FIVE OF  THE  EDUCATION
LAW.
  2.  "AGENT  OF  A  FACILITY  OR  PROVIDER  AGENCY" SHALL MEAN A PERSON
AUTHORIZED TO ACT FOR A PROVIDER OF SERVICES IN A FACILITY  OR  PROVIDER
AGENCY,  INCLUDING  BUT NOT LIMITED TO AN EMPLOYEE, MANAGER, ADMINISTRA-
TOR, CONSULTANT, INTERN OR VOLUNTEER, OR A CONTRACTOR  WHO  HAS  REGULAR
AND SUBSTANTIAL CONTACT WITH SERVICE RECIPIENTS.
  3.  "EXECUTIVE  DIRECTOR"  SHALL  MEAN  THE  EXECUTIVE DIRECTOR OF THE
JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS.
  4. "FACILITY" OR "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 ALCO-
HOLISM AND SUBSTANCE  ABUSE  SERVICES,  INCLUDING  BUT  NOT  LIMITED  TO
PSYCHIATRIC  CENTERS, INPATIENT PSYCHIATRIC UNITS OF A GENERAL HOSPITAL,
DEVELOPMENTAL CENTERS, INTERMEDIATE  CARE  FACILITIES,  COMMUNITY  RESI-
DENCES,  GROUP HOMES AND FAMILY CARE HOMES, PROVIDED, HOWEVER, THAT SUCH
TERM SHALL NOT INCLUDE A SECURE TREATMENT FACILITY AS DEFINED IN SECTION
10.03 OF THE MENTAL HYGIENE LAW, OR SERVICES  PROVIDED  IN  PROGRAMS  OR
FACILITIES  THAT ARE OPERATED BY THE OFFICE OF MENTAL HEALTH AND LOCATED
IN STATE CORRECTIONAL FACILITIES UNDER THE JURISDICTION OF  THE  DEPART-
MENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
  (B) ANY PROGRAM OR FACILITY THAT IS OPERATED BY THE OFFICE OF CHILDREN
AND  FAMILY  SERVICES  FOR  JUVENILE  DELINQUENTS  OR JUVENILE OFFENDERS
PLACED IN THE CUSTODY OF THE COMMISSIONER OF SUCH OFFICE AND  ANY  RESI-
DENTIAL  PROGRAMS   OR FACILITIES LICENSED OR CERTIFIED BY THE OFFICE OF
CHILDREN AND FAMILY SERVICES, EXCLUDING FOSTER FAMILY HOMES AND RESIDEN-
TIAL PROGRAMS FOR VICTIMS OF DOMESTIC VIOLENCE;
  (C) ADULT CARE FACILITIES, WHICH SHALL MEAN:  (I)  AN  ADULT  HOME  OR
ENRICHED  HOUSING  PROGRAM  LICENSED  PURSUANT  TO ARTICLE SEVEN OF THIS
CHAPTER; (II) AN ADULT HOME OR ENRICHED HOUSING  PROGRAM  AUTHORIZED  TO
OPERATE  AN  ASSISTED  LIVING  PROGRAM  PURSUANT TO SECTION FOUR HUNDRED
SIXTY-ONE-L OF THIS CHAPTER; (III) SUCH AN ADULT HOME OR ENRICHED  HOUS-
ING PROGRAM WITH ASSISTED LIVING RESIDENCE LICENSURE PURSUANT TO ARTICLE
FORTY-SIX-B  OF  THE PUBLIC HEALTH LAW; OR (IV) OVERNIGHT SUMMER DAY AND
TRAVELING SUMMER DAY CAMPS FOR CHILDREN WITH DEVELOPMENTAL  DISABILITIES
AS DEFINED IN REGULATIONS PROMULGATED BY THE COMMISSIONER OF HEALTH; OR
  (D)  THE  NEW  YORK  STATE SCHOOL FOR THE BLIND AND THE NEW YORK STATE
SCHOOL FOR THE DEAF, WHICH OPERATE PURSUANT TO ARTICLES EIGHTY-SEVEN AND
EIGHTY-EIGHT OF THE EDUCATION LAW; AN INSTITUTION FOR THE INSTRUCTION OF
THE DEAF AND THE BLIND WHICH HAS A RESIDENTIAL COMPONENT AND IS  SUBJECT
TO  THE  VISITATION OF THE COMMISSIONER OF EDUCATION PURSUANT TO ARTICLE
EIGHTY-FIVE OF THE EDUCATION LAW WITH RESPECT TO ITS DAY AND RESIDENTIAL
COMPONENTS; SPECIAL ACT SCHOOL DISTRICTS SERVING STUDENTS WITH DISABILI-
TIES; OR IN-STATE PRIVATE  SCHOOLS  WHICH  HAVE  BEEN  APPROVED  BY  THE
COMMISSIONER  OF  EDUCATION  FOR SPECIAL EDUCATION SERVICES OR PROGRAMS,

S. 7400                            20

AND WHICH HAVE A RESIDENTIAL PROGRAM, INCLUDING A SCHOOL APPROVED  ON  A
CHILD-SPECIFIC  BASIS  FOR  EMERGENCY  INTERIM  PLACEMENTS  PURSUANT  TO
GOVERNING STATE REGULATIONS, WITH RESPECT TO  ITS  DAY  AND  RESIDENTIAL
COMPONENTS.
  4-A.  "STATE  OVERSIGHT AGENCY" SHALL MEAN THE STATE AGENCY THAT OPER-
ATES, LICENSES OR CERTIFIES AN APPLICABLE FACILITY OR  PROVIDER  AGENCY;
PROVIDED  HOWEVER  THAT SUCH TERM SHALL ONLY INCLUDE THE FOLLOWING ENTI-
TIES: THE OFFICE OF MENTAL HEALTH, THE OFFICE FOR PEOPLE  WITH  DEVELOP-
MENTAL  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. "STATE OVERSIGHT AGENCY" DOES
NOT INCLUDE AGENCIES THAT ARE CERTIFICATION AGENCIES PURSUANT TO FEDERAL
LAW OR REGULATION.
  5.  "MANDATED  REPORTER" SHALL MEAN AN AGENT OF A FACILITY OR PROVIDER
AGENCY AND ANY:  PHYSICIAN;  REGISTERED  PHYSICIAN  ASSISTANT;  SURGEON;
MEDICAL EXAMINER; CORONER; DENTIST; DENTAL HYGIENIST; OSTEOPATH; OPTOME-
TRIST;  CHIROPRACTOR; PODIATRIST; RESIDENT; INTERN; PSYCHOLOGIST; REGIS-
TERED NURSE; LICENSED PRACTICAL NURSE; NURSE PRACTITIONER; SOCIAL  WORK-
ER;  EMERGENCY  MEDICAL  TECHNICIAN;  LICENSED  CREATIVE ARTS THERAPIST;
LICENSED MARRIAGE AND FAMILY THERAPIST; LICENSED MENTAL  HEALTH  COUNSE-
LOR;  LICENSED  PSYCHOANALYST;  HOSPITAL PERSONNEL ENGAGED IN THE ADMIS-
SION, EXAMINATION, CARE OR TREATMENT OF PERSONS; CHRISTIAN SCIENCE PRAC-
TITIONER; SCHOOL OFFICIAL, WHICH INCLUDES BUT IS NOT LIMITED  TO  SCHOOL
TEACHER,  SCHOOL  GUIDANCE COUNSELOR, SCHOOL PSYCHOLOGIST, SCHOOL SOCIAL
WORKER, SCHOOL NURSE, SCHOOL ADMINISTRATOR  OR  OTHER  SCHOOL  PERSONNEL
REQUIRED  TO  HOLD  A TEACHING OR ADMINISTRATIVE LICENSE OR CERTIFICATE;
SOCIAL SERVICES WORKER; ANY OTHER CHILD  CARE  OR  FOSTER  CARE  WORKER;
MENTAL  HEALTH  PROFESSIONAL; PERSON CREDENTIALED BY THE OFFICE OF ALCO-
HOLISM AND SUBSTANCE ABUSE  SERVICES;  PEACE  OFFICER;  POLICE  OFFICER;
DISTRICT  ATTORNEY OR ASSISTANT DISTRICT ATTORNEY; INVESTIGATOR EMPLOYED
IN THE OFFICE OF A DISTRICT ATTORNEY; OR OTHER LAW ENFORCEMENT OFFICIAL.
  6. "PHYSICAL INJURY" AND "IMPAIRMENT OF PHYSICAL CONDITION" SHALL MEAN
ANY CONFIRMED HARM, HURT OR DAMAGE RESULTING IN A SIGNIFICANT  WORSENING
OR DIMINUTION OF AN INDIVIDUAL'S PHYSICAL CONDITION.
  7.  "DELEGATE  INVESTIGATORY ENTITY" SHALL MEAN A FACILITY OR PROVIDER
AGENCY, OR ANY OTHER ENTITY AUTHORIZED BY THE  REGULATIONS  OF  A  STATE
OVERSIGHT  AGENCY OR THE JUSTICE CENTER FOR PERSONS WITH DISABILITIES OR
SPECIAL NEEDS TO CONDUCT AN INVESTIGATION OF AN ALLEGATION OF  ABUSE  OR
NEGLECT OR A SIGNIFICANT INCIDENT.
  8.  "JUSTICE  CENTER" SHALL MEAN THE JUSTICE CENTER FOR THE PROTECTION
OF PEOPLE WITH SPECIAL NEEDS.
  9. "PERSON RECEIVING SERVICES," OR "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 AS  DEFINED  IN
SUBDIVISION FOUR OF THIS SECTION.
  10.    "PERSONAL  REPRESENTATIVE" SHALL MEAN A PERSON AUTHORIZED UNDER
STATE, TRIBAL, MILITARY OR OTHER APPLICABLE LAW TO ACT ON  BEHALF  OF  A
VULNERABLE  PERSON IN MAKING HEALTH CARE DECISIONS OR, FOR PROGRAMS THAT
SERVE CHILDREN UNDER THE JURISDICTION OF THE STATE EDUCATION  DEPARTMENT
OR  THE  OFFICE OF CHILDREN AND FAMILY SERVICES, THE SERVICE RECIPIENT'S
PARENT, GUARDIAN OR OTHER PERSON LEGALLY RESPONSIBLE FOR SUCH PERSON.
  11. "REPORTABLE INCIDENT" SHALL MEAN AN ALLEGATION OF ABUSE,  NEGLECT,
OR A SIGNIFICANT INCIDENT, AS THESE TERMS ARE DEFINED IN THIS SECTION OR
ANY  OTHER CONDUCT OR OCCURRENCE THAT THE STATE OVERSIGHT AGENCY IDENTI-
FIES AS WARRANTING MONITORING.

S. 7400                            21

  12. "SIGNIFICANT INCIDENT" SHALL MEAN AN INCIDENT, OTHER THAN AN INCI-
DENT OF ABUSE OR NEGLECT, THAT BECAUSE OF ITS SEVERITY OR THE  SENSITIV-
ITY  OF  THE  SITUATION  MAY RESULT IN OR HAS THE REASONABLY FORESEEABLE
POTENTIAL TO RESULT IN HARM TO THE HEALTH, SAFETY OR WELFARE OF A PERSON
RECEIVING SERVICES AND SHALL INCLUDE BUT SHALL NOT BE LIMITED TO:
  (A)  CONDUCT  BETWEEN PERSONS RECEIVING SERVICES THAT WOULD CONSTITUTE
ABUSE IF COMMITTED BY AN AGENT OR AGENTS OF A FACILITY OR PROVIDER AGEN-
CY; OR
  (B) CONDUCT ON THE PART OF AN AGENT OF A FACILITY OR PROVIDER  AGENCY,
WHICH  IS  INCONSISTENT  WITH A SERVICE RECIPIENT'S INDIVIDUAL TREATMENT
PLAN, GENERALLY ACCEPTED TREATMENT PRACTICES AND/OR  APPLICABLE  FEDERAL
OR  STATE  LAWS,  REGULATIONS OR POLICIES AND WHICH IMPAIRS OR CREATES A
REASONABLY FORESEEABLE POTENTIAL TO IMPAIR THE HEALTH, SAFETY OR WELFARE
OF A PERSON RECEIVING SERVICES, INCLUDING BUT NOT LIMITED TO:
  (I) UNAUTHORIZED SECLUSION, WHICH SHALL MEAN THE PLACEMENT OF A PERSON
RECEIVING SERVICES IN A ROOM OR AREA FROM WHICH HE  OR  SHE  CANNOT,  OR
PERCEIVES THAT HE OR SHE CANNOT, LEAVE AT WILL;
  (II)  UNAUTHORIZED  USE  OF  TIME-OUT,  WHICH  SHALL MEAN THE USE OF A
PROCEDURE IN WHICH A PERSON RECEIVING SERVICES IS REMOVED  FROM  REGULAR
PROGRAMMING AND ISOLATED IN A ROOM OR AREA FOR THE CONVENIENCE OF AGENTS
OF A FACILITY, OR AS A SUBSTITUTE FOR PROGRAMMING;
  (III)  EXCEPT  AS  PROVIDED FOR IN PARAGRAPH (G) OF SUBDIVISION ONE OF
THIS SECTION, THE ADMINISTRATION OF  A  PRESCRIBED  OR  OVER-THE-COUNTER
MEDICATION,  WHICH  IS  INCONSISTENT WITH A PRESCRIPTION OR ORDER ISSUED
FOR A SERVICE RECIPIENT BY A LICENSED, QUALIFIED HEALTH CARE PRACTITION-
ER, AND WHICH HAS AN  ADVERSE  EFFECT  ON  A  SERVICE  RECIPIENT.    FOR
PURPOSES  OF  THIS  PARAGRAPH,  "ADVERSE EFFECT" SHALL MEAN THE UNANTIC-
IPATED AND UNDESIRABLE SIDE EFFECT FROM THE ADMINISTRATION OF A  PARTIC-
ULAR  MEDICATION  WHICH  UNFAVORABLY AFFECTS THE WELL-BEING OF A SERVICE
RECIPIENT; OR
  (C) ANY OTHER CONDUCT IDENTIFIED IN REGULATIONS OF THE STATE OVERSIGHT
AGENCY, PURSUANT TO GUIDELINES OR STANDARDS ESTABLISHED BY THE EXECUTIVE
DIRECTOR.
  13. "SUBJECT OF THE REPORT" SHALL MEAN  AN  AGENT  OF  A  FACILITY  OR
PROVIDER  AGENCY, AS DEFINED IN SUBDIVISION FOUR OF THIS SECTION, WHO IS
REPORTED TO THE VULNERABLE PERSONS' CENTRAL  REGISTER  FOR  THE  ALLEGED
ABUSE OR NEGLECT OF A VULNERABLE PERSON.
  14.  "OTHER  PERSONS NAMED IN THE REPORT" SHALL MEAN AND BE LIMITED TO
THE FOLLOWING PERSONS WHO ARE NAMED IN A  REPORT  OF  ABUSE  OR  NEGLECT
OTHER  THAN  THE SUBJECT OF THE REPORT: THE SERVICE RECIPIENT WHOSE CARE
AND TREATMENT IS THE CONCERN OF A  REPORT  TO  THE  VULNERABLE  PERSONS'
CENTRAL REGISTER, AND THE PERSONAL REPRESENTATIVE, IF ANY, AS DEFINED IN
SUBDIVISION TEN OF THIS SECTION.
  15.  "VULNERABLE  PERSONS'  CENTRAL REGISTER" SHALL MEAN THE STATEWIDE
CENTRAL REGISTER OF ABUSE AND NEGLECT OF VULNERABLE PERSONS, WHICH SHALL
OPERATE IN ACCORDANCE WITH SECTION FOUR HUNDRED NINETY-TWO OF THIS ARTI-
CLE.
  16. "VULNERABLE PERSON" SHALL MEAN A PERSON WHO, DUE  TO  PHYSICAL  OR
COGNITIVE  DISABILITIES,  OR THE NEED FOR SPECIALIZED SERVICES OR PLACE-
MENT, IS RECEIVING SERVICES FROM A FACILITY OR PROVIDER AGENCY.
  S 489. APPLICABILITY. THE PROVISIONS OF THIS ARTICLE  SHALL  APPLY  TO
FACILITIES  AND  PROVIDER  AGENCIES  PROVIDED,  HOWEVER, NOTHING IN THIS
ARTICLE SHALL BE DEEMED TO RELIEVE ANY FACILITY OR  PROVIDER  AGENCY  OR
AGENT  THEREOF  COVERED  BY  THIS ARTICLE OF ITS OR THEIR OBLIGATIONS TO
COMPLY WITH THE REQUIREMENTS OF FEDERAL LAWS  OR  REGULATIONS  TO  WHICH
THAT  FACILITY,  PROVIDER  AGENCY OR AGENT THEREOF IS SUBJECT, INCLUDING

S. 7400                            22

ANY REQUIREMENTS THAT ARE A CONDITION OF FEDERAL FINANCIAL PARTICIPATION
IN MEDICAL ASSISTANCE PAYMENTS. TO THE EXTENT THAT FEDERAL  REQUIREMENTS
CONFLICT  WITH  ANY  OF  THE  PROVISIONS  IN  THIS  ARTICLE, THE FEDERAL
REQUIREMENTS  SHALL SUPERSEDE THE CONFLICTING PROVISIONS IN THIS ARTICLE
WITH RESPECT TO ANY SUCH FACILITY OR PROVIDER AGENCY.
  S 490. INCIDENT MANAGEMENT PROGRAMS. 1. EACH STATE  OVERSIGHT  AGENCY,
AS DEFINED IN THIS ARTICLE, SHALL PROMULGATE REGULATIONS APPROVED BY THE
JUSTICE CENTER, THAT CONTAIN PROCEDURES AND REQUIREMENTS CONSISTENT WITH
GUIDELINES AND STANDARDS DEVELOPED BY THE JUSTICE CENTER, ADDRESSING THE
FOLLOWING ISSUES RELATING TO AN INCIDENT MANAGEMENT PROGRAM:
  (A)  ALL  REPORTABLE INCIDENTS ARE IDENTIFIED AND REPORTED IN A TIMELY
MANNER IN ACCORDANCE WITH THIS ARTICLE;
  (B) ALL REPORTABLE INCIDENTS ARE INVESTIGATED IN A TIMELY MANNER;
  (C) INDIVIDUAL INCIDENTS OF ABUSE OR  NEGLECT  AND  SIGNIFICANT  INCI-
DENTS,  AND  INCIDENT  PATTERNS AND TRENDS, ARE REVIEWED TO IDENTIFY AND
IMPLEMENT PREVENTIVE AND CORRECTIVE  ACTIONS,  WHICH  MAY  INCLUDE,  BUT
SHALL  NOT  BE LIMITED TO, STAFF RETRAINING OR ANY APPROPRIATE DISCIPLI-
NARY ACTION ALLOWED BY LAW OR CONTRACT, AS  WELL  AS  OPPORTUNITIES  FOR
IMPROVEMENT;
  (D)  PATTERNS  AND TRENDS IN THE REPORTING AND RESPONSE TO ALLEGATIONS
OF ABUSE AND NEGLECT AND OTHER REPORTABLE  INCIDENTS  ARE  REVIEWED  AND
PLANS OF IMPROVEMENT ARE TIMELY DEVELOPED BASED ON SUCH REVIEWS;
  (E)  INFORMATION  REGARDING  INDIVIDUAL REPORTABLE INCIDENTS, INCIDENT
PATTERNS AND TRENDS, AND  PATTERNS  AND  TRENDS  IN  THE  REPORTING  AND
RESPONSE  TO ALLEGATIONS OF ABUSE AND NEGLECT AND OTHER REPORTABLE INCI-
DENTS IS SHARED,  CONSISTENT  WITH  APPLICABLE  LAW,  WITH  THE  JUSTICE
CENTER,  IN  THE FORM AND MANNER REQUIRED BY THE JUSTICE CENTER AND, FOR
FACILITIES OR PROVIDER AGENCIES THAT ARE NOT STATE  OPERATED,  WITH  THE
APPLICABLE  STATE  OVERSIGHT AGENCY WHICH SHALL PROVIDE SUCH INFORMATION
TO THE JUSTICE CENTER; AND
  (F) INCIDENT REVIEW COMMITTEES  ARE  ESTABLISHED;  PROVIDED,  HOWEVER,
THAT  THE  REGULATIONS MAY AUTHORIZE AN EXEMPTION FROM THIS REQUIREMENT,
WHEN APPROPRIATE, BASED ON THE SIZE OF THE FACILITY OR  PROVIDER  AGENCY
OR  OTHER RELEVANT FACTORS. SUCH COMMITTEES SHALL BE COMPOSED OF MEMBERS
OF THE GOVERNING BODY OF THE  FACILITY  OR  PROVIDER  AGENCY  AND  OTHER
PERSONS  IDENTIFIED  BY THE DIRECTOR OF THE FACILITY OR PROVIDER AGENCY,
INCLUDING SOME MEMBERS OF THE FOLLOWING: DIRECT SUPPORT STAFF,  LICENSED
HEALTH  CARE  PRACTITIONERS,  SERVICE  RECIPIENTS AND REPRESENTATIVES OF
FAMILY, CONSUMER AND OTHER ADVOCACY ORGANIZATIONS, BUT NOT THE  DIRECTOR
OF  THE FACILITY OR PROVIDER AGENCY. SUCH COMMITTEE SHALL MEET REGULARLY
TO:  (I) REVIEW THE TIMELINESS, THOROUGHNESS AND APPROPRIATENESS OF  THE
FACILITY  OR  PROVIDER  AGENCY'S RESPONSES TO REPORTABLE INCIDENTS; (II)
RECOMMEND ADDITIONAL OPPORTUNITIES FOR IMPROVEMENT TO  THE  DIRECTOR  OF
THE  FACILITY  OR PROVIDER AGENCY, IF APPROPRIATE; (III) REVIEW INCIDENT
TRENDS AND PATTERNS  CONCERNING  REPORTABLE  INCIDENTS;  AND  (IV)  MAKE
RECOMMENDATIONS  TO  THE  DIRECTOR OF THE FACILITY OR PROVIDER AGENCY TO
ASSIST IN REDUCING REPORTABLE INCIDENTS. MEMBERS OF THE COMMITTEE  SHALL
BE  TRAINED  IN  CONFIDENTIALITY  LAWS AND REGULATIONS, AND SHALL COMPLY
WITH SECTION SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW.
  2. NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  EXCEPT  AS  MAY  BE
PROVIDED BY SECTION 33.25 OF THE MENTAL HYGIENE LAW, RECORDS, REPORTS OR
OTHER  INFORMATION  MAINTAINED  BY  THE  JUSTICE CENTER, STATE OVERSIGHT
AGENCIES, DELEGATE INVESTIGATORY ENTITIES AND  FACILITIES  AND  PROVIDER
AGENCIES  REGARDING  THE  DELIBERATIONS  OF AN INCIDENT REVIEW COMMITTEE
SHALL BE CONFIDENTIAL AND SHALL NOT BE DISCLOSED  TO  ANY  PARTY  UNLESS
OTHERWISE  REQUIRED  BY LAW AND, PROVIDED, FURTHER, THAT NOTHING IN THIS

S. 7400                            23

ARTICLE SHALL BE DEEMED TO DIMINISH  OR  OTHERWISE  DEROGATE  THE  LEGAL
PRIVILEGE AFFORDED TO PROCEEDINGS, RECORDS, REPORTS OR OTHER INFORMATION
RELATING TO A QUALITY ASSURANCE FUNCTION, INCLUDING THE INVESTIGATION OF
AN  INCIDENT  REPORTED  PURSUANT  TO SECTION 29.29 OF THE MENTAL HYGIENE
LAW, AS PROVIDED IN  SECTION  SIXTY-FIVE  HUNDRED  TWENTY-SEVEN  OF  THE
EDUCATION  LAW.  FOR PURPOSES OF THIS SECTION, A QUALITY ASSURANCE FUNC-
TION IS A PROCESS FOR SYSTEMATICALLY MONITORING AND  EVALUATING  VARIOUS
ASPECTS  OF  A  PROGRAM, SERVICE OR FACILITY TO ENSURE THAT STANDARDS OF
CARE ARE BEING MET.
  3. NO MEMBER OF AN INCIDENT  REVIEW  COMMITTEE  PERFORMING  A  QUALITY
ASSURANCE  FUNCTION SHALL BE PERMITTED OR REQUIRED TO TESTIFY IN A JUDI-
CIAL OR ADMINISTRATIVE PROCEEDING  WITH  RESPECT  TO  QUALITY  ASSURANCE
RECORDS  OR  ANY  FINDING, RECOMMENDATION, EVALUATION, OPINION OR ACTION
TAKEN, EXCEPT THAT THIS PROVISION IS NOT INTENDED TO RELIEVE  ANY  STATE
OVERSIGHT  AGENCY,  DELEGATE  INVESTIGATORY ENTITY, FACILITY OR PROVIDER
AGENCY, OR AN AGENT THEREOF, FROM LIABILITY ARISING FROM TREATMENT OF  A
SERVICE RECIPIENT.
  4.  THERE  SHALL BE NO MONETARY LIABILITY ON THE PART OF, AND NO CAUSE
OF ACTION FOR DAMAGES SHALL ARISE AGAINST,  ANY  PERSON  ON  ACCOUNT  OF
PARTICIPATING  IN  GOOD  FAITH  AND WITH REASONABLE CARE IN THE COMMUNI-
CATION OF INFORMATION IN THE POSSESSION OF SUCH PERSON  TO  AN  INCIDENT
MANAGEMENT  COMMITTEE, OR ON ACCOUNT OF ANY RECOMMENDATION OR EVALUATION
REGARDING THE CONDUCT OR PRACTICES OF ANY AGENT OF A FACILITY OR PROVID-
ER AGENCY.
  5. WITH RESPECT TO THE IMPLEMENTATION OF INCIDENT MANAGEMENT PLANS  IN
RESIDENTIAL SCHOOLS OR FACILITIES LOCATED OUTSIDE OF NEW YORK STATE, THE
LOCAL  SOCIAL SERVICES DISTRICT OR LOCAL EDUCATION AGENCY CONTRACTING OR
PLACING AN INDIVIDUAL WITH SUCH FACILITY OR SCHOOL OR THE  STATE  AGENCY
FUNDING  SUCH INDIVIDUAL'S PLACEMENT SHALL REQUIRE THAT: (A) THE PLACING
ENTITY OR FUNDING AGENCY BE NOTIFIED IMMEDIATELY OF  ANY  ALLEGATION  OF
ABUSE  OR NEGLECT, OR OTHER SIGNIFICANT INCIDENT INVOLVING AN INDIVIDUAL
FROM  NEW  YORK  STATE;  (B)  AN  INVESTIGATION  BE  CONDUCTED  BY   THE
OUT-OF-STATE  FACILITY  OR  SCHOOL OR OTHER ENTITY AUTHORIZED TO CONDUCT
SUCH INVESTIGATION, OR BY THE PLACING ENTITY OR  FUNDING  AGENCY,  WHERE
PRACTICABLE;   AND  (C)  THE  FINDINGS  OF  SUCH  INVESTIGATION  BY  THE
OUT-OF-STATE FACILITY OR ENTITY BE FORWARDED TO THE  PLACING  ENTITY  OR
FUNDING  AGENCY  IN NEW YORK STATE WITHIN NINETY DAYS.  SUCH ENTITIES OR
AGENCIES SHALL FORWARD SUCH REPORTS TO THE JUSTICE CENTER, AND ITS EXEC-
UTIVE DIRECTOR, IN HIS OR HER DISCRETION MAY TERMINATE FUNDING FOR  SUCH
FOR ANY FAILURE TO COMPLY WITH THIS SECTION.
  6.  ALL FACILITIES OR PROVIDER AGENCIES NOT OTHERWISE SUBJECT TO ARTI-
CLE SIX OF THE PUBLIC OFFICERS  LAW  SHALL  MAKE  AVAILABLE  FOR  PUBLIC
INSPECTION  AND COPYING RECORDS RELATING TO ABUSE AND NEGLECT OF VULNER-
ABLE PERSONS AS WOULD BE AVAILABLE FROM A STATE AGENCY,  AS  DEFINED  IN
ARTICLE  SIX  OF  THE  PUBLIC OFFICERS LAW UPON WRITTEN REQUEST FOR SUCH
RECORDS, PROVIDED THAT SUCH ENTITIES  MAY  DENY  ACCESS  TO  RECORDS  OR
PORTIONS  THEREOF  THAT  SUCH  ENTITY  DETERMINES  WOULD  BE EXEMPT FROM
DISCLOSURE BY A STATE AGENCY PURSUANT TO SUCH  ARTICLE.  THE  REQUESTING
PARTY  MAY  APPEAL  A  DENIAL OF ACCESS TO SUCH RECORDS TO THE EXECUTIVE
DIRECTOR OF THE JUSTICE CENTER. A REQUESTING PARTY DENIED  ACCESS  TO  A
RECORD  IN  SUCH APPEAL DETERMINATION, MAY BRING A PROCEEDING FOR REVIEW
OF SUCH DENIAL PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE  CIVIL  PRACTICE
LAW  AND  RULES.  THE  EXECUTIVE  DIRECTOR  OF  THE JUSTICE CENTER SHALL
PROMULGATE REGULATIONS, CONSISTENT WITH THE PROVISIONS OF ARTICLE SIX OF
THE PUBLIC OFFICERS LAW  PROVIDING  FOR  THE  PROMPT  RESPONSE  TO  SUCH
REQUESTS.

S. 7400                            24

  S  491.  DUTY  TO  REPORT INCIDENTS.   1. (A) MANDATED REPORTERS SHALL
REPORT ALLEGATIONS OF  ABUSE  OR  NEGLECT  TO  THE  VULNERABLE  PERSONS'
CENTRAL  REGISTER  AS  ESTABLISHED BY SECTION FOUR HUNDRED NINETY-TWO OF
THIS ARTICLE AND IN ACCORDANCE WITH THE REQUIREMENTS SET FORTH THEREIN.
  (B)  ALLEGATIONS  OF ABUSE OR NEGLECT SHALL BE REPORTED IMMEDIATELY TO
THE VULNERABLE PERSONS' CENTRAL REGISTER UPON DISCOVERY.   FOR  PURPOSES
OF THIS ARTICLE, "DISCOVERY" OCCURS WHEN THE MANDATED REPORTER WITNESSES
AN  INCIDENT  OF  SUSPECTED  ABUSE  OR  NEGLECT  OR WHEN ANOTHER PERSON,
INCLUDING THE VULNERABLE PERSON, COMES BEFORE THE MANDATED  REPORTER  IN
THE  MANDATED  REPORTER'S PROFESSIONAL OR OFFICIAL CAPACITY AND PROVIDES
THE MANDATED REPORTER WITH REASONABLE CAUSE TO SUSPECT THAT THE  VULNER-
ABLE  PERSON  HAS  BEEN  ABUSED  OR  NEGLECTED;  PROVIDED, HOWEVER, SUCH
MANDATED REPORTERS SHALL NOT BE REQUIRED TO  REPORT  TO  THE  VULNERABLE
PERSONS'  CENTRAL REGISTER ANY INCIDENT THAT THE MANDATED REPORTER ACTU-
ALLY KNOWS HAS ALREADY  BEEN  REPORTED  TO  SUCH  REGISTER.  WHENEVER  A
MANDATED  REPORTER  WHO  IS AN AGENT OF A FACILITY OR PROVIDER AGENCY IS
REQUIRED TO REPORT TO THE VULNERABLE  PERSONS'  CENTRAL  REGISTER,  SUCH
MANDATED  REPORTER SHALL MAKE THE REPORT AS REQUIRED AND SHALL THEN ALSO
REPORT SUCH INCIDENT TO THE ADMINISTRATOR OR A DESIGNATED PERSON IN  HIS
OR  HER  FACILITY  OR  PROVIDER  AGENCY  IN ACCORDANCE WITH AGENCY REGU-
LATIONS, POLICIES AND PROCEDURES. THE ADMINISTRATOR OR DESIGNATED PERSON
SHALL BE RESPONSIBLE FOR ALL SUBSEQUENT ADMINISTRATION  NECESSITATED  BY
THE  REPORT.  A REPORT TO THE REGISTER SHALL INCLUDE THE NAME, TITLE AND
CONTACT INFORMATION OF EVERY PERSON KNOWN TO THE  MANDATED  REPORTER  TO
HAVE  THE  SAME  INFORMATION  AS  THE  MANDATED  REPORTER CONCERNING THE
ALLEGED ABUSE OR NEGLECT. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED  TO
REQUIRE MORE THAN ONE REPORT TO THE VULNERABLE PERSONS' CENTRAL REGISTER
CONCERNING A PARTICULAR INCIDENT OR ALLEGATION OF ABUSE OR NEGLECT.
  (C)  NOTWITHSTANDING THE PRIVILEGES SET FORTH IN ARTICLE FORTY-FIVE OF
THE CIVIL PRACTICE LAW AND RULES, AND ANY OTHER PROVISION OF LAW TO  THE
CONTRARY, MANDATED REPORTERS WHO MAKE A REPORT WHICH INITIATES AN INVES-
TIGATION OF AN ALLEGATION OF ABUSE OR NEGLECT OF A VULNERABLE PERSON ARE
REQUIRED  TO  COMPLY  WITH  ALL REQUESTS FOR RECORDS MADE BY THE JUSTICE
CENTER FOR PERSONS WITH DISABILITIES OR  SPECIAL  NEEDS  OR  A  DELEGATE
INVESTIGATORY ENTITY RELATING TO SUCH REPORT, INCLUDING RECORDS RELATING
TO  DIAGNOSIS,  PROGNOSIS  OR  TREATMENT,  AND  CLINICAL RECORDS, OF ANY
PATIENT OR CLIENT THAT ARE ESSENTIAL FOR A FULL INVESTIGATION OF ALLEGA-
TIONS OF ABUSE OR NEGLECT PURSUANT TO THIS ARTICLE;  PROVIDED,  HOWEVER,
THAT  DISCLOSURE  OF  SUBSTANCE  ABUSE TREATMENT AND EDUCATIONAL RECORDS
SHALL BE MADE PURSUANT TO THE STANDARDS AND PROCEDURES FOR DISCLOSURE OF
SUCH RECORDS DELINEATED IN FEDERAL LAW. WRITTEN REPORTS FROM PERSONS  OR
OFFICIALS  REQUIRED  BY  THIS  TITLE  TO  REPORT  SHALL BE ADMISSIBLE IN
EVIDENCE IN ANY PROCEEDINGS RELATING TO ABUSE OR NEGLECT.
  2. (A) AGENTS OF A FACILITY OR PROVIDER AGENCY SHALL  PROMPTLY  REPORT
ANY  SIGNIFICANT  INCIDENT  TO  THE DIRECTOR OF THE FACILITY OR PROVIDER
AGENCY AND THE APPLICABLE STATE OVERSIGHT AGENCY IN ACCORDANCE WITH  THE
REGULATIONS  OF  SUCH  STATE  OVERSIGHT  AGENCY;  PROVIDED, HOWEVER, ANY
PERSON WHO HAS REASONABLE CAUSE  TO  SUSPECT  THAT  A  PERSON  RECEIVING
SERVICES HAS BEEN SUBJECT TO A SIGNIFICANT INCIDENT ALSO MAY MAKE SUCH A
REPORT.   THE APPLICABLE STATE OVERSIGHT AGENCY SHALL NOTIFY THE JUSTICE
CENTER OF ANY SUCH INCIDENT, IN THE FORM  AND  MANNER  PROVIDED  BY  THE
RULES,  REGULATIONS,  GUIDELINES OR STANDARDS ESTABLISHED BY THE JUSTICE
CENTER.
  (B) IN ACCORDANCE WITH REGULATIONS OF THE APPLICABLE  STATE  OVERSIGHT
AGENCY,  REPORTS  OF SIGNIFICANT INCIDENTS SHALL BE INVESTIGATED, EITHER
BY THE STATE OVERSIGHT AGENCY, THE  JUSTICE  CENTER  OR  BY  A  DELEGATE

S. 7400                            25

INVESTIGATORY  ENTITY,  AND  THE  RESULTS  OF THE INVESTIGATION SHALL BE
REVIEWED AND THE INCIDENT RESOLVED PURSUANT  TO  THE  PROCEDURES  ESTAB-
LISHED  AS  PART OF THE INCIDENT MANAGEMENT PROGRAM DESCRIBED IN SECTION
FOUR HUNDRED NINETY OF THIS ARTICLE.
  3.  ANY PERSON OR OFFICIAL REQUIRED TO REPORT CASES OF SUSPECTED ABUSE
OR NEGLECT OR A SIGNIFICANT INCIDENT PURSUANT TO THIS SECTION  MAY  TAKE
OR CAUSE TO BE TAKEN COLOR PHOTOGRAPHS OF VISIBLE TRAUMA AND THE FACE OF
THE  VULNERABLE  PERSON  NAMED  IN  THE REPORT AND UPON THE CONSENT OF A
PERSON AUTHORIZED TO CONSENT TO MEDICAL CARE FOR THE VULNERABLE  PERSON,
SHALL,  IF  MEDICALLY  INDICATED,  CAUSE  TO BE PERFORMED A RADIOLOGICAL
EXAMINATION OF THE VULNERABLE PERSON. ANY  PHOTOGRAPHS  OR  RADIOLOGICAL
EXAMINATIONS  TAKEN SHALL BE PROVIDED TO THE JUSTICE CENTER FOR USE ONLY
FOR THE PURPOSES OF AN INVESTIGATION OF ABUSE, NEGLECT OR A  SIGNIFICANT
INCIDENT.
  4.  (A)  ANY  PERSON  OR OFFICIAL REQUIRED BY THIS ARTICLE TO REPORT A
CASE OF SUSPECTED ABUSE OR NEGLECT TO THE  VULNERABLE  PERSONS'  CENTRAL
REGISTER  WHO  WILLFULLY  FAILS  TO  DO  SO SHALL BE GUILTY OF A CLASS A
MISDEMEANOR.
  (B) ANY PERSON OR OFFICIAL REQUIRED BY THIS ARTICLE TO REPORT  A  CASE
OF  SUSPECTED ABUSE OR NEGLECT TO THE VULNERABLE PERSONS' CENTRAL REGIS-
TER WHO KNOWINGLY AND WILLFULLY FAILS TO DO SO SHALL BE  CIVILLY  LIABLE
FOR THE DAMAGES PROXIMATELY CAUSED BY SUCH FAILURE.
  5.  A  MEDICAL  OR  OTHER PUBLIC OR PRIVATE INSTITUTION, STATE AGENCY,
SCHOOL, FACILITY OR PROVIDER  AGENCY  SHALL  NOT  TAKE  ANY  RETALIATORY
PERSONNEL  ACTION,  AS SUCH TERM IS DEFINED IN PARAGRAPH (E) OF SUBDIVI-
SION ONE OF SECTION SEVEN HUNDRED FORTY OF THE  LABOR  LAW,  AGAINST  AN
EMPLOYEE OR AGENT BECAUSE SUCH EMPLOYEE OR AGENT BELIEVES THAT HE OR SHE
HAS  REASONABLE  CAUSE  TO  SUSPECT  THAT  A  VULNERABLE PERSON HAS BEEN
NEGLECTED OR HAS BEEN SUBJECTED  TO  A  SIGNIFICANT  INCIDENT  AND  THAT
EMPLOYEE  OR  AGENT  THEREFORE  MAKES  A  REPORT IN ACCORDANCE WITH THIS
SECTION. A COURT OF COMPETENT JURISDICTION MAY GRANT  INJUNCTIVE  RELIEF
TO ANY PERSON DETERMINED TO HAVE BEEN SUBJECTED TO SUCH RETALIATION.
  S  492. VULNERABLE PERSONS' CENTRAL REGISTER. 1. THERE SHALL BE ESTAB-
LISHED IN THE JUSTICE CENTER A  STATEWIDE  VULNERABLE  PERSONS'  CENTRAL
REGISTER.  THE  REGISTER  SHALL:   (A) RECEIVE REPORTS OF ALLEGATIONS OF
ABUSE OR NEGLECT OF PERSONS RECEIVING SERVICES IN FACILITIES OR PROVIDER
AGENCIES SUBJECT TO THE REQUIREMENTS OF THIS ARTICLE; (B) AS  WARRANTED,
REFER  REPORTS  ALLEGING  CRIMES TO APPROPRIATE LAW ENFORCEMENT AUTHORI-
TIES; (C) NOTIFY APPROPRIATE  PERSONS  AND  OFFICIALS  OF  RECEIVED  AND
ACCEPTED REPORTS; AND (D) MAINTAIN AN ELECTRONIC DATABASE OF EACH REPORT
AND  THE  FINDING  ASSOCIATED WITH EACH REPORT.  IN ACCORDANCE WITH THIS
SECTION, THE EXECUTIVE DIRECTOR SHALL ESTABLISH STANDARDS AND PROCEDURES
FOR THE OPERATION OF THE VULNERABLE PERSONS' CENTRAL REGISTER.
  2. (A) THE VULNERABLE PERSONS' CENTRAL REGISTER SHALL  BE  STAFFED  BY
PERSONS  WITH AT LEAST A BACCALAUREATE OR EQUIVALENT COLLEGE DEGREE IN A
RELEVANT FIELD OF STUDY OR AT LEAST  TWO  YEARS  OF  EXPERIENCE  IN  THE
DIRECT PROVISION OF SERVICES, ADULT OR CHILD PROTECTIVE SERVICES, OR ANY
OTHER  QUALIFICATIONS  IDENTIFIED  BY  THE  EXECUTIVE  DIRECTOR.  DIRECT
SERVICE PROVISION SHALL INCLUDE  THE  CARE,  INVESTIGATION,  ASSESSMENT,
TREATMENT,  OR  CASE  PLANNING  FOR  PERSONS  IN  FACILITIES OR PROGRAMS
COVERED BY THIS ARTICLE OR EQUIVALENT FACILITIES OR PROGRAMS.    VULNER-
ABLE PERSONS' CENTRAL REGISTER STAFF ALSO SHALL HAVE ACCESS TO APPROPRI-
ATE  LAW  ENFORCEMENT OFFICERS OR OTHERS WITH LAW ENFORCEMENT EXPERIENCE
WHO SHALL ASSIST IN SCREENING REPORTS THAT  APPEAR  TO  ALLEGE  CRIMINAL
OFFENSES  AND  HELP  REFER  REPORTS,  AS  WARRANTED,  TO APPROPRIATE LAW
ENFORCEMENT AUTHORITIES.

S. 7400                            26

  (B) THE VULNERABLE PERSONS' CENTRAL REGISTER SHALL RECEIVE REPORTS  OF
ALLEGATIONS  OF ABUSE OR NEGLECT TWENTY-FOUR HOURS PER DAY, SEVEN DAYS A
WEEK. MANDATED REPORTERS SHALL MAKE  SUCH  REPORTS  IN  ACCORDANCE  WITH
SECTION  FOUR HUNDRED NINETY-ONE OF THIS ARTICLE; PROVIDED, HOWEVER, ANY
PERSON  WHO  HAS  REASONABLE  CAUSE  TO  SUSPECT THAT A PERSON RECEIVING
SERVICES IS ABUSED OR NEGLECTED MAY MAKE SUCH  A  REPORT.  IN  NO  EVENT
SHALL A REPORT BY A MANDATED REPORTER TO THE VULNERABLE PERSONS' CENTRAL
REGISTER ELIMINATE THE OBLIGATION OF A MANDATED REPORTER TO REPORT INCI-
DENTS  IN ACCORDANCE WITH THE APPLICABLE LAWS, REGULATIONS AND POLICY OF
THE APPLICABLE STATE OVERSIGHT AGENCY.
  (C) REPORTS OF ALLEGATIONS OF ABUSE OR NEGLECT SHALL BE SUBMITTED,  BY
A  STATEWIDE,  TOLL-FREE TELEPHONE NUMBER (A "HOTLINE") OR BY ELECTRONIC
TRANSMISSION, IN A MANNER AND  ON  FORMS  PRESCRIBED  BY  THE  EXECUTIVE
DIRECTOR.   THE INFORMATION REQUIRED ON THE REPORTING FORM SHALL INCLUDE
BUT IS NOT LIMITED TO: THE NAME AND CONTACT INFORMATION OF THE PERSON OR
PERSONS MAKING THE REPORT, IF AVAILABLE, AND, IF THE REPORT IS  MADE  BY
AN  AGENT OF A FACILITY OR PROVIDER AGENCY, ANY OTHER STAFF WHO HAVE THE
SAME INFORMATION; THE NAME AND ADDRESS OF THE FACILITY OR PROVIDER AGEN-
CY; THE DATE, TIME, SPECIFIC LOCATION AND DESCRIPTION OF  THE  INCIDENT;
THE  NAME  AND CONTACT INFORMATION OF THE SUBJECT OF THE REPORT OF ABUSE
OR NEGLECT, IF KNOWN; THE NAME OF THE VULNERABLE PERSON ALLEGED TO  HAVE
BEEN  ABUSED OR NEGLECTED; THE NAMES OF PERSONAL REPRESENTATIVES FOR THE
VULNERABLE PERSON WHO IS ALLEGED TO HAVE BEEN ABUSED  OR  NEGLECTED,  IF
KNOWN;  AND  ANY  OTHER  INFORMATION OR DOCUMENTATION THAT THE EXECUTIVE
DIRECTOR BELIEVES MAY BE HELPFUL. THE INABILITY OF  A  PERSON  MAKING  A
REPORT TO IDENTIFY A SUBJECT SHALL, IN NO CIRCUMSTANCE, CONSTITUTE CAUSE
TO  REJECT  SUCH  ALLEGATION  FOR INVESTIGATION OR TO FAIL TO REFER SUCH
ALLEGATION FOR CORRECTIVE ACTION.
  3. (A) WHEN ANY ALLEGATION THAT COULD REASONABLY CONSTITUTE  ABUSE  OR
NEGLECT IS RECEIVED BY THE REGISTER, THE REGISTER SHALL ACCEPT AND IMME-
DIATELY  TRANSMIT  NOTICE  OF THE REPORT ORALLY OR ELECTRONICALLY TO THE
APPROPRIATE STATE OVERSIGHT AGENCY AND, AS APPROPRIATE, TO THE  DIRECTOR
OR OPERATOR OF THAT FACILITY OR PROVIDER AGENCY.
  (B)  WHENEVER  A  TELEPHONE  CALL  OR  ELECTRONIC  TRANSMISSION TO THE
VULNERABLE PERSONS' CENTRAL REGISTER ALLEGES  AN  ACT  OR  CIRCUMSTANCES
THAT  MAY  CONSTITUTE  A  CRIMINAL  OFFENSE  OR AN IMMEDIATE THREAT TO A
VULNERABLE PERSON'S  HEALTH,  SAFETY  OR  WELFARE,  THE  REGISTER  SHALL
CONVEY, BY THE MOST EXPEDIENT MEANS AVAILABLE, THE INFORMATION CONTAINED
IN  SUCH CALL OR TRANSMISSION TO THE APPROPRIATE LAW ENFORCEMENT AGENCY,
DISTRICT ATTORNEY OR OTHER PUBLIC OFFICIAL EMPOWERED TO  PROVIDE  NECES-
SARY AID OR ASSISTANCE, AND STATE OVERSIGHT AGENCY.
  (C)  THE JUSTICE CENTER IS RESPONSIBLE FOR COMMENCING AN INVESTIGATION
OF ALL ALLEGATIONS OF ABUSE OR NEGLECT THAT ARE ACCEPTED BY THE  VULNER-
ABLE  PERSONS' CENTRAL REGISTER.  WITH RESPECT TO SUCH AN INVESTIGATION,
THE JUSTICE CENTER SHALL:
  (I) UPON ACCEPTANCE OF A REPORT OF ABUSE OR NEGLECT BY THE  VULNERABLE
PERSONS'  CENTRAL  REGISTER,  PROMPTLY  COMMENCE AN APPROPRIATE INVESTI-
GATION;
  (II) TAKE ALL APPROPRIATE MEASURES TO PROTECT THE LIFE AND  HEALTH  OF
THE  PERSON  WHO  IS  THE  ALLEGED VICTIM OF ABUSE OR NEGLECT, WHICH MAY
INCLUDE WORKING WITH THE STATE OVERSIGHT AGENCY TO TAKE IMMEDIATE  STEPS
TO  REMOVE  THE  VULNERABLE  PERSON  FROM HIS OR HER CURRENT FACILITY OR
PROGRAM, IF THE JUSTICE CENTER HAS REASONABLE CAUSE TO BELIEVE THAT  THE
CIRCUMSTANCES  OR  CONDITION  OF  THE  VULNERABLE  PERSON  ARE SUCH THAT
CONTINUING IN HIS OR HER PLACE OF RESIDENCE PRESENTS AN IMMINENT  DANGER
TO HIS OR HER LIFE OR HEALTH;

S. 7400                            27

  (III)  DETERMINE  WHETHER  THE  SUBJECT OF THE REPORT IS CURRENTLY THE
SUBJECT OF AN OPEN OR SUBSTANTIATED REPORT IN  THE  VULNERABLE  PERSONS'
CENTRAL REGISTER;
  (IV)  CONTACT  THE  STATEWIDE  CENTRAL  REGISTER  OF  CHILD  ABUSE AND
MALTREATMENT TO DETERMINE WHETHER THE SUBJECT OF THE REPORT HAS BEEN  OR
IS  CURRENTLY  THE  SUBJECT OF AN INDICATED CHILD ABUSE AND MALTREATMENT
REPORT ON FILE WITH THE STATEWIDE CENTRAL REGISTER OF  CHILD  ABUSE  AND
MALTREATMENT;
  (V)  IF  IT IS DISCOVERED THAT THE SUBJECT OF A REPORT HAS ONE OR MORE
SUBSTANTIATED REPORTS OF ABUSE OR NEGLECT OR INDICATED REPORTS OF  CHILD
ABUSE  OR  MALTREATMENT IN THE STATEWIDE CENTRAL REGISTER OF CHILD ABUSE
AND  MALTREATMENT  AND  AN  INVESTIGATION  WAS  OR  INVESTIGATIONS  WERE
CONDUCTED  BY  A  DIFFERENT  STATE  AGENCY,  OR A LOCAL CHILD PROTECTIVE
SERVICE, CONTACT ALL KNOWN AGENCIES OR SERVICES  WHO  INVESTIGATED  SUCH
PREVIOUS  REPORT  OR  REPORTS  TO  OBTAIN INFORMATION ON SUCH REPORTS IN
ACCORDANCE WITH SECTION FOUR HUNDRED NINETY-SIX OF THIS ARTICLE;
  (VI) NOTIFY THE PERSONAL REPRESENTATIVE OF THE PERSON ALLEGED TO  HAVE
BEEN  ABUSED  OR  NEGLECTED,  AND,  IF  WARRANTED, NOTIFY THE SUBJECT OR
SUBJECTS OF THE REPORT AND ANY OTHER PERSONS  NAMED  IN  THE  REPORT  IN
WRITING  OF  THE  EXISTENCE  OF THE REPORT; PROVIDED, HOWEVER, THAT SUCH
NOTIFICATION MAY BE  LIMITED  IN  ACCORDANCE  WITH  SUBDIVISION  (C)  OF
SECTION 33.16 OF THE MENTAL HYGIENE LAW;
  (VII)  IF  A  REPORT  OF  ABUSE  OR NEGLECT TO THE VULNERABLE PERSONS'
CENTRAL REGISTER INVOLVES THE DEATH OF  A  PERSON,  THE  JUSTICE  CENTER
SHALL GIVE TELEPHONE NOTICE AND IMMEDIATELY SEND A COPY OF THE REPORT TO
THE  APPROPRIATE DISTRICT ATTORNEY AND TO THE MEDICAL EXAMINER OR CORON-
ER. THE MEDICAL EXAMINER OR CORONER SHALL CONDUCT A PROMPT INVESTIGATION
AND SHALL FORWARD A PRELIMINARY WRITTEN REPORT OF HIS  OR  HER  FINDINGS
WITHIN  SIXTY  DAYS  OF  THE DATE OF DEATH, ABSENT EXTRAORDINARY CIRCUM-
STANCES, AND HIS OR HER FINAL WRITTEN REPORT PROMPTLY,  ABSENT  EXTRAOR-
DINARY  CIRCUMSTANCES,  TO THE APPROPRIATE DISTRICT ATTORNEY, THE APPRO-
PRIATE LAW  ENFORCEMENT  OFFICIAL,  THE  STATE  AGENCY  RESPONSIBLE  FOR
OVERSEEING  THE  INVESTIGATION,  THE JUSTICE CENTER MEDICAL REVIEW BOARD
AND, IF THE DEATH OCCURRED IN A HOSPITAL, THE HOSPITAL;
  (VIII) SUBMIT ABUSE AND NEGLECT FINDINGS TO  THE  VULNERABLE  PERSONS'
CENTRAL REGISTER IN ACCORDANCE WITH SECTION FOUR HUNDRED NINETY-THREE OF
THIS ARTICLE;
  (IX)  NOTIFY THE APPLICABLE STATE OVERSIGHT AGENCY AND THE DIRECTOR OR
OPERATOR, WHERE APPROPRIATE, TO DEVELOP A PLAN OF PREVENTION OR  REMEDI-
ATION  THAT  THE  FACILITY  OR PROGRAM MUST IMPLEMENT IN RESPONSE TO THE
REPORT'S FINDINGS WHICH MUST BE APPROVED AND MONITORED OF ITS  IMPLEMEN-
TATION BY THE JUSTICE CENTER OR THE STATE OVERSIGHT AGENCY, AS APPROPRI-
ATE; AND
  (X)  REFER  SUSPECTED  CASES  OF FALSELY REPORTING ABUSE OR NEGLECT IN
VIOLATION OF SUBDIVISION FOUR OF SECTION 240.50 OF THE PENAL LAW TO  THE
APPROPRIATE  LAW  ENFORCEMENT  AGENCY  OR DISTRICT ATTORNEY FOR INVESTI-
GATION AND PROSECUTION.
  (D) WHENEVER A  TELEPHONE  CALL  OR  ELECTRONIC  TRANSMISSION  TO  THE
VULNERABLE PERSONS' CENTRAL REGISTER CANNOT BE ACCEPTED AS A REPORT, BUT
THE  INFORMATION PROVIDED ALLEGES A SIGNIFICANT INCIDENT OR OTHER POTEN-
TIAL WRONGDOING AT A FACILITY OR PROVIDER  AGENCY,  THE  REGISTER  SHALL
FORWARD THE REPORT TO THE APPLICABLE STATE OVERSIGHT AGENCY FOR INVESTI-
GATION  AND  PROTECTIVE  ACTIONS,  AS  NEEDED,  PURSUANT TO SECTION FOUR
HUNDRED NINETY-ONE OF THIS ARTICLE.
  4. THE JUSTICE CENTER SHALL MAINTAIN AND  KEEP  UP-TO-DATE  ABUSE  AND
NEGLECT  RECORDS  OF  ALL  CASES  REPORTED, TOGETHER WITH ANY ADDITIONAL

S. 7400                            28

INFORMATION OBTAINED DURING AN INVESTIGATION OF  SUCH  A  REPORT  AND  A
RECORD OF THE FINAL DISPOSITION OF THE REPORT.
  5.  THE  VULNERABLE  PERSONS' CENTRAL REGISTER SHALL MAINTAIN AN ELEC-
TRONIC DATABASE OF ALL ACCEPTED REPORTS OF ABUSE AND NEGLECT AND SIGNIF-
ICANT INCIDENTS.  STATE OVERSIGHT AGENCIES SHALL HAVE ACCESS TO INFORMA-
TION IN THE DATABASE, LIMITED TO CASES INVOLVING FACILITIES OR  PROVIDER
AGENCIES UNDER THEIR JURISDICTION.
  (A)  A  UNIQUE  IDENTIFIER  SHALL  BE  ASSIGNED  TO EACH REPORT BY THE
VULNERABLE PERSONS' CENTRAL REGISTER.
  (B) THE REGISTER SHALL INCLUDE  THE  FOLLOWING  INFORMATION  FOR  EACH
REPORT:  A  RECORD OF THE FINAL DISPOSITION OF THE REPORT; THE NAMES AND
IDENTIFYING DATA; DATES AND CIRCUMSTANCES OF ANY  PERSON  REQUESTING  OR
RECEIVING  INFORMATION  FROM THE REGISTER; WHETHER THE PERSON MAKING THE
REPORT AUTHORIZED THE DISCLOSURE OF HIS OR HER NAME AND PERSONALLY IDEN-
TIFIABLE INFORMATION; AND  ANY  OTHER  INFORMATION  THAT  THE  EXECUTIVE
DIRECTOR,  IN CONSULTATION WITH THE COMMISSIONERS OF THE STATE OVERSIGHT
AGENCIES COVERED BY THIS ARTICLE, IDENTIFIES AS FURTHERING THE  PURPOSES
OF THIS ARTICLE AND COMPLYING WITH STATE AND FEDERAL REGULATIONS REGARD-
ING  THE SECURITY AND CONFIDENTIALITY OF INDIVIDUALLY IDENTIFYING HEALTH
INFORMATION.
  6. THE JUSTICE CENTER SHALL REVIEW SUCH ELECTRONIC DATABASE TO IDENTI-
FY INCIDENT PATTERNS AND TRENDS, AND IMPLEMENT PREVENTIVE AND CORRECTIVE
ACTIONS, AND TO IDENTIFY  PATTERNS  AND  TRENDS  IN  THE  REPORTING  AND
RESPONSE  TO ALLEGATIONS OF ABUSE AND NEGLECT AND OTHER REPORTABLE INCI-
DENTS AND DEVELOP PLANS OF IMPROVEMENT BASED ON SUCH REVIEWS.
  7. (A) GENERAL INFORMATION ABOUT THE EXISTENCE  AND  PURPOSES  OF  THE
VULNERABLE  PERSONS'  CENTRAL  REGISTER  AND HOW TO MAKE A REPORT TO THE
REGISTER SHALL BE MADE AVAILABLE ON THE WEBSITE OF THE  JUSTICE  CENTER,
WITH  LINKS  TO SUCH INFORMATION PROVIDED ON THE WEBSITES OF EACH OF THE
STATE OVERSIGHT AGENCIES COVERED BY THIS ARTICLE.
  (B) THE JUSTICE CENTER, IN  COLLABORATION  WITH  THE  STATE  OVERSIGHT
AGENCIES  COVERED  BY  THIS ARTICLE, SHALL DEVELOP AND WIDELY DISTRIBUTE
WRITTEN INFORMATION EXPLAINING THE REPORTING REQUIREMENTS AND  PROCESSES
CONSISTENT  WITH  THIS  ARTICLE. IN ADDITION, UPON A VULNERABLE PERSON'S
COMMENCEMENT OF THE RECEIPT OF SERVICES BY  A  FACILITY  OR  A  PROVIDER
AGENCY,  PERSONAL  REPRESENTATIVES  SHALL BE PROVIDED WITH SUCH INFORMA-
TION, AND SUCH INFORMATION SHALL BE MADE AVAILABLE UPON REQUEST  TO  ANY
PERSON.
  (C) THE JUSTICE CENTER, IN COLLABORATION WITH THE STATE AGENCIES OPER-
ATING,  LICENSING  OR  CERTIFYING  FACILITIES  OR  THE PROVIDER AGENCIES
COVERED BY THIS ARTICLE, SHALL PROVIDE MANDATED REPORTERS  WITH  WRITTEN
INFORMATION  EXPLAINING  THE  REPORTING  REQUIREMENTS IN ACCORDANCE WITH
THIS ARTICLE.
  (D) THE JUSTICE CENTER SHALL DEVELOP AND IMPLEMENT PROGRAMS TO PUBLIC-
LY RECOGNIZE AND VALUE  THE  CONTRIBUTIONS  OF  REPORTERS  OF  ABUSE  OR
NEGLECT,  OR SIGNIFICANT INCIDENTS, WHOSE ACTIONS PROMPT CORRECTIONS AND
IMPROVEMENTS IN THE SERVICE SYSTEM; PROVIDED, HOWEVER, THAT THE NAME AND
OTHER PERSONALLY IDENTIFIABLE INFORMATION OF SUCH REPORTER SHALL NOT  BE
SHARED UNLESS SUCH PERSON AUTHORIZES DISCLOSURE.
  8.  IN  A CASE WHERE A SUBJECT OF A REPORT OF ALLEGED ABUSE OR NEGLECT
RESIGNS FROM HIS OR HER POSITION OR IS TERMINATED WHILE  UNDER  INVESTI-
GATION, THE STATE OPERATING AGENCY OR THE APPLICABLE FACILITY OR PROVID-
ER  AGENCY  SHALL PROMPTLY REPORT SUCH RESIGNATION OR TERMINATION TO THE
JUSTICE CENTER.  THE INVESTIGATION OF THE REPORT SHALL CONTINUE  DESPITE
THE RESIGNATION OR TERMINATION OF SUCH SUBJECT.

S. 7400                            29

  S 493. ABUSE AND NEGLECT FINDINGS; CONSEQUENCES.  1. WITHIN SIXTY DAYS
OF  THE  VULNERABLE  PERSONS'  CENTRAL REGISTER ACCEPTING A REPORT OF AN
ALLEGATION OF ABUSE OR NEGLECT, THE JUSTICE CENTER SHALL CAUSE THE FIND-
INGS OF THE INVESTIGATION TO BE ENTERED  INTO  THE  VULNERABLE  PERSONS'
CENTRAL  REGISTER.  THE JUSTICE CENTER MAY TAKE ADDITIONAL TIME TO ENTER
SUCH FINDINGS INTO THE VULNERABLE PERSONS' CENTRAL  REGISTER;  PROVIDED,
HOWEVER,  THAT  THE  REASONS  FOR  ANY DELAY MUST BE DOCUMENTED AND SUCH
FINDINGS SUBMITTED AS SOON THEREAFTER AS PRACTICABLY POSSIBLE.
  2. FOR SUBSTANTIATED REPORTS OF ABUSE  OR  NEGLECT  IN  FACILITIES  OR
PROVIDER  AGENCIES  IN  RECEIPT  OF MEDICAL ASSISTANCE, SUCH INFORMATION
SHALL ALSO BE FORWARDED BY THE JUSTICE CENTER TO THE OFFICE OF THE MEDI-
CAID INSPECTOR GENERAL.
  3. (A) A FINDING SHALL BE BASED ON A PREPONDERANCE OF THE EVIDENCE AND
SHALL INDICATE WHETHER: (I) THE ALLEGED ABUSE OR NEGLECT  IS  SUBSTANTI-
ATED BECAUSE IT IS DETERMINED THAT THE INCIDENT OCCURRED AND THE SUBJECT
OF THE REPORT WAS RESPONSIBLE OR, IF NO SUBJECT CAN BE IDENTIFIED AND AN
INCIDENT  OCCURRED,  THAT, THE FACILITY OR PROVIDER AGENCY WAS RESPONSI-
BLE; (II) THE ALLEGED ABUSE OR NEGLECT IS  DISCONFIRMED  BECAUSE  IT  IS
DETERMINED  NOT  TO  HAVE  OCCURRED OR THE SUBJECT OF THE REPORT WAS NOT
RESPONSIBLE; OR (III) THE REPORT IS INCONCLUSIVE BECAUSE  IT  CANNOT  BE
DETERMINED  THAT THE INCIDENT OCCURRED OR THAT THE SUBJECT OF THE REPORT
WAS RESPONSIBLE. A REPORT SHALL NOT BE  DETERMINED  TO  BE  INCONCLUSIVE
SOLELY  BECAUSE THE SUBJECT OF A REPORT RESIGNS DURING AN INVESTIGATION.
THE JUSTICE CENTER SHALL CONSIDER A RESIGNATION OF A SUBJECT OF A REPORT
DURING AN INVESTIGATION AS A NEGATIVE INFERENCE REGARDING THE ACTIONS OR
LACK OF ACTION BY SUCH SUBJECT.
  (B) IN CONJUNCTION WITH THE POSSIBLE FINDINGS IDENTIFIED IN  PARAGRAPH
(A) OF THIS SUBDIVISION, A CONCURRENT FINDING MAY BE MADE THAT A SYSTEM-
IC PROBLEM CAUSED OR CONTRIBUTED TO THE OCCURRENCE OF THE INCIDENT.
  (C)  THE  JUSTICE  CENTER  SHALL NOTIFY THE SUBJECT OF THE REPORT, THE
FACILITY OR PROVIDER AGENCY WHERE THE ABUSE OR NEGLECT  WAS  ALLEGED  TO
HAVE  OCCURRED,  THE APPLICABLE STATE OVERSIGHT AGENCY AND OTHER PERSONS
NAMED IN THE REPORT OF THE FINDINGS OF THE INVESTIGATION AND, AS  APPLI-
CABLE,  THE  LOCAL  SOCIAL SERVICES COMMISSIONER OR SCHOOL DISTRICT THAT
PLACED THE INDIVIDUAL IN THE FACILITY OR PROVIDER AGENCY, THE OFFICE  OF
CHILDREN  AND  FAMILY SERVICES AND ANY ATTORNEY FOR THE INDIVIDUAL WHOSE
APPOINTMENT HAS BEEN CONTINUED BY A FAMILY COURT JUDGE DURING  THE  TERM
OF  AN  INDIVIDUAL'S  PLACEMENT, IN ACCORDANCE WITH APPLICABLE STATE AND
FEDERAL LAWS  AND  REGULATIONS  GOVERNING  THE  USE  AND  DISCLOSURE  OF
RECORDS.  IF  THE REPORT IS SUBSTANTIATED, THE JUSTICE CENTER SHALL ALSO
NOTIFY THE SUBJECT OF THE REPORT OF HIS OR HER RIGHTS  TO  REQUEST  THAT
THE   REPORT   BE  AMENDED  IN  ACCORDANCE  WITH  SECTION  FOUR  HUNDRED
NINETY-FOUR OF THIS ARTICLE.
  (D) A REPORT THAT IS FOUND TO BE DISCONFIRMED OR INCONCLUSIVE SHALL BE
SEALED IMMEDIATELY.
  4. SUBSTANTIATED REPORTS OF ABUSE OR NEGLECT SHALL BE CATEGORIZED INTO
ONE OR MORE OF THE FOLLOWING THREE CATEGORIES, AS APPLICABLE:
  (A) CATEGORY ONE CONDUCT IS SERIOUS PHYSICAL ABUSE,  SEXUAL  ABUSE  OR
OTHER  SERIOUS CONDUCT BY AGENTS OF A FACILITY OR PROVIDER AGENCY, WHICH
INCLUDES:
  (I) INTENTIONAL CONDUCT THAT CAUSES  PHYSICAL  INJURY  AS  DEFINED  IN
SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW, OR THAT CAUSES DEATH
OR  SERIOUS DISFIGUREMENT, IMPAIRMENT OF HEALTH OR LOSS OR IMPAIRMENT OF
THE FUNCTION OF ANY BODILY ORGAN OR PART OR CREATES A  REASONABLY  FORE-
SEEABLE RISK OF SUCH PHYSICAL INJURY;

S. 7400                            30

  (II)  FAILURE  TO  PERFORM A DUTY THAT RESULTS IN PHYSICAL INJURY THAT
CREATES A RISK OF DEATH OR THAT CAUSES DEATH OR  SERIOUS  DISFIGUREMENT,
IMPAIRMENT OF HEALTH OR LOSS OR IMPAIRMENT OF THE FUNCTION OF ANY BODILY
ORGAN OR PART, A SUBSTANTIAL DIMINUTION OF A SERVICE RECIPIENT'S PSYCHO-
LOGICAL  OR  INTELLECTUAL  FUNCTIONING,  AS  DETERMINED  BY A PHYSICIAN,
PSYCHOLOGIST,  PSYCHIATRIC  NURSE  PRACTITIONER,  LICENSED  CLINICAL  OR
MASTER  SOCIAL  WORKER OR LICENSED MENTAL HEALTH COUNSELOR, OR CREATES A
REASONABLY FORESEEABLE RISK OF EITHER;
  (III) THREATS, TAUNTS, DEROGATORY COMMENTS OR RIDICULE THAT RESULTS IN
OR HAS THE POTENTIAL TO RESULT IN A SUBSTANTIAL DIMINUTION OF A  SERVICE
RECIPIENT'S  PSYCHOLOGICAL OR INTELLECTUAL FUNCTIONING, AS DETERMINED BY
A PHYSICIAN,  PSYCHOLOGIST,  PSYCHIATRIC  NURSE  PRACTITIONER,  LICENSED
CLINICAL OR MASTER SOCIAL WORKER OR LICENSED MENTAL HEALTH COUNSELOR;
  (IV) ENCOURAGING OTHERS TO ENGAGE IN CRUEL OR DEGRADING TREATMENT OF A
SERVICE  RECIPIENT  THAT  RESULTS IN OR HAS THE POTENTIAL TO RESULT IN A
SUBSTANTIAL DIMINUTION OF A SERVICE RECIPIENT'S PSYCHOLOGICAL OR  INTEL-
LECTUAL FUNCTIONING, AS DETERMINED BY A PHYSICIAN, PSYCHOLOGIST, PSYCHI-
ATRIC  NURSE  PRACTITIONER, LICENSED CLINICAL OR MASTER SOCIAL WORKER OR
LICENSED MENTAL HEALTH COUNSELOR;
  (V) ENGAGING IN ANY CONDUCT INTENDED  TO  PROMOTE  OR  PRODUCE  SEXUAL
CONTACT  BETWEEN  PERSONS RECEIVING SERVICES AND AGENTS OF A FACILITY OR
PROVIDER AGENCY OR BETWEEN PERSONS RECEIVING SERVICES WHEN ONE PERSON IS
NOT CAPABLE OF CONSENT.  SEXUAL CONTACT SHALL INCLUDE BUT NOT BE LIMITED
TO SEXUAL INTERCOURSE, DEVIATE  SEXUAL  INTERCOURSE,  AGGRAVATED  SEXUAL
CONTACT OR SEXUAL TOUCHING;
  (VI)  ANY  CONDUCT  ENCOURAGING, FACILITATING OR PERMITTING ANOTHER TO
ENGAGE IN SEXUAL CONDUCT WITH A SERVICE RECIPIENT;
  (VII) ANY CONDUCT ENCOURAGING OR PERMITTING ANOTHER TO PROMOTE A SEXU-
AL PERFORMANCE BY A SERVICE RECIPIENT OR PERMITTING OR USING  A  SERVICE
RECIPIENT IN ANY PROSTITUTION-RELATED OFFENSE;
  (VIII)  USING  OR  DISTRIBUTING  AN  UNLAWFUL CONTROLLED SUBSTANCE, AS
DEFINED BY ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW,  AT  THE  WORK
PLACE OR WHILE ON DUTY;
  (IX)  ADMINISTERING  AN  UNLAWFUL  CONTROLLED SUBSTANCE, AS DEFINED BY
ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW TO A SERVICE RECIPIENT;
  (X) INTENTIONALLY FALSIFYING RECORDS RELATED TO THE SAFETY,  TREATMENT
OR  SUPERVISION  OF  A  SERVICE  RECIPIENT, INCLUDING BUT NOT LIMITED TO
MEDICAL RECORDS, FIRE SAFETY  INSPECTIONS  AND  DRILLS  AND  SUPERVISION
CHECKS;
  (XI) FAILING TO REPORT ANY OF THE CONDUCT IN SUBPARAGRAPHS (I) THROUGH
(IX) OF THIS PARAGRAPH UPON DISCOVERY;
  (XII)  FOR  SUPERVISORS,  FAILING  TO  ACT UPON A REPORT OF CONDUCT IN
SUBPARAGRAPHS (I) THROUGH (X) OF THIS PARAGRAPH  AS  DIRECTED  BY  REGU-
LATION, PROCEDURE OR POLICY;
  (XIII)  INTENTIONALLY  MAKING  A  MATERIALLY FALSE STATEMENT OR INTEN-
TIONALLY WITHHOLDING MATERIAL INFORMATION DURING AN INVESTIGATION INTO A
REPORT OF CONDUCT DESCRIBED IN SUBPARAGRAPHS (I)  THROUGH  (X)  OF  THIS
PARAGRAPH OR OTHERWISE OBSTRUCTING AN INVESTIGATION; AND
  (XIV)  INTIMIDATING A MANDATED REPORTER WITH THE INTENTION OF PREVENT-
ING HIM OR HER FROM REPORTING CONDUCT  DESCRIBED  IN  SUBPARAGRAPHS  (I)
THROUGH  (X)  OF  THIS PARAGRAPH OR RETALIATING AGAINST ANY AGENT MAKING
SUCH A REPORT IN GOOD FAITH.
  (B) CATEGORY TWO CONDUCT IS ABUSE OR NEGLECT BY AGENTS OF  A  FACILITY
OR  PROVIDER AGENCY THAT DOES NOT MEET THE CONDUCT DESCRIBED IN CATEGORY
ONE. CONDUCT IN THIS CATEGORY  THAT  OCCURS  MORE  THAN  ONCE  WITHIN  A
THREE-YEAR  PERIOD SHALL ELEVATE A FINDING FROM CATEGORY TWO TO CATEGORY

S. 7400                            31

ONE. REPORTS THAT RESULT IN A CATEGORY TWO FINDING  NOT  ELEVATED  TO  A
CATEGORY ONE FINDING SHALL BE SEALED AFTER FIVE YEARS.
  (C) CATEGORY THREE SHALL BE CONDITIONS AT A FACILITY OR PROVIDER AGEN-
CY  THAT  EXPOSE  SERVICE RECIPIENTS TO HARM OR RISK OF HARM WHERE STAFF
CULPABILITY IS MITIGATED BY SYSTEMIC PROBLEMS SUCH AS INADEQUATE MANAGE-
MENT, STAFFING, TRAINING OR SUPERVISION.    CATEGORY  THREE  ALSO  SHALL
INCLUDE  INSTANCES  IN  WHICH  IT  HAS BEEN SUBSTANTIATED THAT A SERVICE
RECIPIENT HAS BEEN ABUSED OR NEGLECTED,  BUT  THE  PERPETRATOR  OF  SUCH
ABUSE OR NEGLECT CANNOT BE IDENTIFIED.
  5.  (A)  CATEGORY  ONE FINDINGS SHALL RESULT IN PERMANENT PLACEMENT OF
THE SUBJECT OF THE REPORT ON THE VULNERABLE PERSONS' CENTRAL REGISTER IN
ACCORDANCE WITH SECTION FOUR HUNDRED NINETY-FIVE OF THIS ARTICLE.
  (B) WHEN AN EMPLOYEE HAS A SECOND SUBSTANTIATED CATEGORY  TWO  FINDING
OCCURRING  WITHIN  A  THREE-YEAR PERIOD, AN EMPLOYEE WITH A CATEGORY TWO
FINDING SHALL BE SUBJECT TO PROGRESSIVE DISCIPLINE.  (FOR STATE ENTITIES
BOUND BY COLLECTIVE BARGAINING, SUCH DISCIPLINE ESTABLISHED  BY  COLLEC-
TIVE BARGAINING SHALL GOVERN.)  IN CONJUNCTION WITH DISCIPLINARY ACTION,
THE  EMPLOYER SHALL DEVELOP A PLAN FOR TRAINING AND ANY OTHER ACTIONS TO
REDUCE THE RISK OF RECURRENCE OF  SUCH  CONDUCT.    SUCH  PLAN  MUST  BE
APPROVED  BY  AND  ITS IMPLEMENTATION MONITORED BY THE JUSTICE CENTER OR
THE STATE OVERSIGHT AGENCY, AS APPROPRIATE.
  (C) WITH RESPECT TO A CATEGORY THREE FINDING, THE JUSTICE CENTER SHALL
REQUIRE THE FACILITY OR PROVIDER AGENCY TO DEVELOP AND IMPLEMENT A  PLAN
OF  PREVENTION  AND  REMEDIATION OF THE DEFICIENT CONDITIONS.  SUCH PLAN
MUST BE APPROVED BY AND ITS  IMPLEMENTATION  MONITORED  BY  THE  JUSTICE
CENTER  OR THE STATE OVERSIGHT AGENCY, AS APPROPRIATE.  IN REVIEWING THE
CONTINUED QUALIFICATIONS OF A FACILITY OR PROVIDER AGENCY FOR AN OPERAT-
ING CERTIFICATE, THE STATE OVERSIGHT AGENCY SHALL EVALUATE SUCH FACILITY
OR PROVIDER AGENCY'S COMPLIANCE WITH ANY PLANS OF PREVENTION AND REMEDI-
ATION  RESULTING  FROM  CATEGORY  THREE  REPORTS  AND  TAKE  APPROPRIATE
ENFORCEMENT  ACTION,  WHICH  MAY INCLUDE, BUT NOT BE LIMITED TO, CLOSING
INTAKE TO THE FACILITY  OR  PROVIDER  AGENCY  OR  TERMINATING  OPERATING
CERTIFICATES  FOR  PROLONGED  OR  REPEATED FAILURE TO CORRECT IDENTIFIED
PROBLEMS IN ACCORDANCE WITH APPLICABLE STATE LAW OR REGULATION.
  S 494. AMENDMENTS TO AND APPEALS OF SUBSTANTIATED REPORTS OF ABUSE  OR
NEGLECT.  1.(A)  AT ANY TIME SUBSEQUENT TO THE COMPLETION OF AN INVESTI-
GATION OF AN ALLEGATION OF ABUSE OR NEGLECT, BUT IN NO EVENT LATER  THAN
THIRTY  DAYS AFTER THE SUBJECT OF THE REPORT IS NOTIFIED THAT THE REPORT
IS SUBSTANTIATED, THE SUBJECT MAY REQUEST THAT THE  VULNERABLE  PERSONS'
CENTRAL  REGISTER AMEND THE FINDINGS OF THE REPORT. IF THE REGISTER DOES
NOT AMEND THE FINDINGS OF THE REPORT IN ACCORDANCE  WITH  SUCH  REQUEST,
THE  SUBJECT  SHALL  HAVE THE RIGHT TO BE HEARD TO DETERMINE WHETHER THE
FINDINGS OF THE REPORT SHOULD BE AMENDED ON THE GROUNDS  THAT  THEY  ARE
INACCURATE OR INCONSISTENT WITH THE PROVISIONS IN THIS ARTICLE.
  (B)  IF  IT IS DETERMINED THAT THE JUSTICE CENTER FAILED TO PROVE BY A
PREPONDERANCE OF THE EVIDENCE THE FINDING THAT THE SUBJECT COMMITTED THE
ACT OR ACTS OF ABUSE OR NEGLECT, THE  JUSTICE  CENTER  SHALL  AMEND  THE
RECORD TO REFLECT THAT SUCH A FINDING WAS MADE, AND SHALL PROMPTLY NOTI-
FY THE SUBJECT OF THE REPORT AND ANY OTHER PERSONS OR ENTITIES PREVIOUS-
LY NOTIFIED OF THE EXISTENCE OF THE REPORT OF THE AMENDED FINDING.  SUCH
REPORT  SHALL  BE  SEALED  IN ACCORDANCE WITH THE STANDARDS SET FORTH IN
SUBDIVISION FOUR OF SECTION FOUR HUNDRED NINETY-SIX OF THIS ARTICLE.
  2. THE JUSTICE CENTER IS AUTHORIZED  TO  MAKE  ANY  APPROPRIATE  ORDER
RESPECTING THE AMENDMENT OF THE FINDINGS OF A REPORT TO MAKE IT ACCURATE
OR CONSISTENT WITH THE REQUIREMENTS OF THIS ARTICLE.

S. 7400                            32

  S  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 SUBDI-
VISION  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 NINE-
TY-FOUR OF THIS ARTICLE; OR (B) BEEN HEARD PURSUANT TO SUCH  SUBDIVISION
AND  ALL  THE FINDINGS OF THE REPORT WERE NOT AMENDED TO BE DISCONFIRMED
OR INCONCLUSIVE.
  2. ALL FACILITY AND PROVIDER AGENCIES AS DEFINED IN  SUBDIVISION  FOUR
OF SECTION FOUR HUNDRED EIGHTY-EIGHT OF THIS ARTICLE, 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 CATEGO-
RY  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, AS DEFINED  IN
SUBDIVISION  FOUR  OF SECTION FOUR HUNDRED EIGHTY-EIGHT OF THIS ARTICLE,
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  RECIPI-
ENT  IN ANY SUCH FACILITY OR PROGRAM. OTHER PROVIDERS OR LICENSING AGEN-
CIES 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. AN AGENT OF A FACILITY OR PROVIDER AGENCY SHALL BE SUBJECT TO IMME-
DIATE TERMINATION IF HE OR SHE IS CONVICTED OF ANY OFFENSE AS DEFINED IN
SUBDIVISION ONE OF SECTION 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.
  S  496.  CONFIDENTIALITY.  1. REPORTS MADE PURSUANT TO THIS ARTICLE AS
WELL AS ANY OTHER INFORMATION OBTAINED, REPORTS WRITTEN  OR  PHOTOGRAPHS
TAKEN CONCERNING SUCH REPORTS IN THE POSSESSION OF THE JUSTICE CENTER, A
STATE  OVERSIGHT  AGENCY,  A  DELEGATE INVESTIGATORY ENTITY, FACILITY OR
PROVIDER AGENCY COVERED BY THIS ARTICLE SHALL BE CONFIDENTIAL AND  SHALL
NOT  BE  DISCLOSED TO ANY OTHER PARTY UNLESS AUTHORIZED PURSUANT TO BOTH
THIS SECTION AND ANY OTHER APPLICABLE STATE OR  FEDERAL  LAW.    IN  THE

S. 7400                            33

EVENT  THAT  OTHER  APPLICABLE  STATE OR FEDERAL LAW PROVISIONS ARE MORE
RESTRICTIVE THAN THE PROVISIONS OF THIS SECTION, THE PROVISIONS OF  SUCH
OTHER STATE OR FEDERAL LAW SHALL APPLY. IN ACCORDANCE WITH THIS SECTION,
SUCH INFORMATION SHALL BE MADE AVAILABLE ONLY TO:
  (A)  A PERSON WHO IS THE SUBJECT OF THE REPORT, AS DEFINED IN SUBDIVI-
SION THIRTEEN OF SECTION FOUR HUNDRED EIGHTY-EIGHT OF THIS ARTICLE;
  (B) OTHER PERSONS NAMED IN THE REPORT, AS DEFINED IN SUBDIVISION FOUR-
TEEN OF SECTION FOUR HUNDRED EIGHTY-EIGHT OF THIS ARTICLE;
  (C) THE JUSTICE CENTER;
  (D) THE APPLICABLE STATE OPERATING AGENCY, THE APPLICABLE STATE  OVER-
SIGHT  AGENCY,  THE  DIRECTOR  OR OPERATOR OF THE APPLICABLE FACILITY OR
PROVIDER AGENCY AND, AS APPROPRIATE, THE LOCAL SOCIAL  SERVICES  COMMIS-
SIONER,  THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES,
OR THE SCHOOL DISTRICT PLACING  THE  SERVICE  RECIPIENT,  OR  AN  AGENCY
PROVIDING ADULT PROTECTIVE SERVICES TO THE SERVICE RECIPIENT;
  (E)  A PHYSICIAN WHO HAS BEFORE HIM OR HER A SERVICE RECIPIENT WHOM HE
OR SHE REASONABLY SUSPECTS MAY BE ABUSED OR NEGLECTED;
  (F) A COURT, UPON A FINDING THAT THE  INFORMATION  IN  THE  RECORD  IS
NECESSARY FOR THE DETERMINATION OF AN ISSUE BEFORE THE COURT;
  (G) A GRAND JURY, UPON A FINDING THAT THE INFORMATION IN THE RECORD IS
NECESSARY FOR THE DETERMINATION OF CHARGES BEFORE THE GRAND JURY;
  (H) ANY APPROPRIATE STATE LEGISLATIVE COMMITTEE RESPONSIBLE FOR LEGIS-
LATION AFFECTING VULNERABLE PERSONS, PROVIDED, HOWEVER, THAT NO INFORMA-
TION  IDENTIFYING  OR  TENDING TO IDENTIFY THE SUBJECTS OF THE REPORT OR
OTHER PERSONS NAMED IN THE REPORT SHALL BE MADE AVAILABLE;
  (I) ANY PERSON ENGAGED IN A  BONA  FIDE  RESEARCH  PURPOSE;  PROVIDED,
HOWEVER,  THAT  NO  INFORMATION  IDENTIFYING  OR TENDING TO IDENTIFY THE
SUBJECTS OF THE REPORT OR OTHER PERSONS NAMED IN  THE  REPORT  SHALL  BE
MADE  AVAILABLE  TO  THE RESEARCHER UNLESS IT IS ABSOLUTELY ESSENTIAL TO
THE RESEARCH PURPOSE AND THE JUSTICE CENTER, AFTER CONSULTATION WITH THE
COMMISSIONER OF THE  APPLICABLE  STATE  OVERSIGHT  AGENCY,  GIVES  PRIOR
APPROVAL;
  (J)  A  FACILITY  OR PROVIDER AGENCY AS DEFINED IN SUBDIVISION FOUR OF
SECTION FOUR HUNDRED EIGHTY-EIGHT OF THE ARTICLE, ALL OTHER PROVIDERS OF
SERVICES TO VULNERABLE PERSONS IN PROGRAMS LICENSED OR CERTIFIED BY  ANY
STATE OVERSIGHT AGENCY, ANY OTHER PROVIDER AGENCY AS DEFINED IN SUBDIVI-
SION  THREE  OF  SECTION FOUR HUNDRED TWENTY-FOUR-A OF THIS CHAPTER OR A
LICENSING AGENCY AS DEFINED IN SUBDIVISION FOUR OF SECTION FOUR  HUNDRED
TWENTY-FOUR-A  OF  THIS  CHAPTER,  IN  ACCORDANCE WITH THE PROVISIONS OF
SUBDIVISION TWO OF SECTION FOUR HUNDRED NINETY-FIVE OF THIS ARTICLE;
  (K) A PROBATION SERVICE REGARDING A PERSON ABOUT WHOM IT IS CONDUCTING
AN INVESTIGATION PURSUANT TO ARTICLE THREE HUNDRED NINETY OF THE  CRIMI-
NAL  PROCEDURE  LAW,  OR  A  PROBATION  SERVICE  OR  THE  DEPARTMENT  OF
CORRECTIONS AND COMMUNITY SUPERVISION REGARDING A  PERSON  TO  WHOM  THE
SERVICE OR DEPARTMENT IS PROVIDING SUPERVISION PURSUANT TO ARTICLE SIXTY
OF  THE  PENAL  LAW  OR  ARTICLE  EIGHT OF THE CORRECTION LAW, WHERE THE
SERVICE OR DEPARTMENT REQUESTS THE INFORMATION UPON A CERTIFICATION THAT
SUCH INFORMATION IS NECESSARY TO CONDUCT ITS INVESTIGATION,  THAT  THERE
IS  REASONABLE  CAUSE TO BELIEVE THAT THE SUBJECT OF AN INVESTIGATION IS
THE SUBJECT OF A SUBSTANTIATED REPORT AND THAT THERE IS REASONABLE CAUSE
TO BELIEVE THAT SUCH RECORDS ARE NECESSARY TO THE INVESTIGATION  BY  THE
PROBATION  SERVICE  OR  THE  DEPARTMENT,  PROVIDED,  HOWEVER,  THAT ONLY
SUBSTANTIATED REPORTS SHALL BE FURNISHED PURSUANT TO THIS SUBDIVISION;
  (L) A DISTRICT ATTORNEY, AN ASSISTANT DISTRICT  ATTORNEY  OR  INVESTI-
GATOR  EMPLOYED BY THE OFFICE OF A DISTRICT ATTORNEY, A SWORN OFFICER OF
THE DIVISION OF STATE POLICE, OF THE REGIONAL STATE PARK  POLICE,  OF  A

S. 7400                            34

CITY  POLICE  DEPARTMENT, OR OF A COUNTY, TOWN OR VILLAGE POLICE DEPART-
MENT OR COUNTY SHERIFF'S OFFICE OR DEPARTMENT UPON WRITTEN  VERIFICATION
THAT  SUCH  INFORMATION IS NECESSARY TO CONDUCT A CRIMINAL INVESTIGATION
OR  CRIMINAL PROSECUTION OF A PERSON, AND THAT THERE IS REASONABLE CAUSE
TO BELIEVE THAT SUCH PERSON IS THE SUBJECT OF A REPORT; PROVIDED, HOWEV-
ER, THAT ONLY SUBSTANTIATED REPORTS SHALL BE FURNISHED PURSUANT TO  THIS
SUBDIVISION;
  (M)  THE NEW YORK CITY DEPARTMENT OF INVESTIGATION; PROVIDED, HOWEVER,
THAT NO INFORMATION IDENTIFYING THE SUBJECTS  OF  THE  REPORT  OR  OTHER
PERSONS NAMED IN THE REPORT SHALL BE MADE AVAILABLE TO THE DEPARTMENT OF
INVESTIGATION  UNLESS  SUCH INFORMATION IS ESSENTIAL TO AN INVESTIGATION
WITHIN THE LEGAL AUTHORITY OF THE DEPARTMENT OF  INVESTIGATION  AND  THE
JUSTICE  CENTER  OR  THE  APPLICABLE  STATE OVERSIGHT AGENCY GIVES PRIOR
APPROVAL;
  (N) A PROVIDER OR COORDINATOR OF  SERVICES  TO  WHICH  A  FACILITY  OR
PROVIDER AGENCY, OPERATING STATE AGENCY, OR SOCIAL SERVICES DISTRICT HAS
REFERRED  A SERVICE RECIPIENT OR A SERVICE RECIPIENT'S FAMILY OR TO WHOM
THE SERVICE RECIPIENT OR THE RECIPIENT'S FAMILY HAVE REFERRED THEMSELVES
AT THE REQUEST OF SUCH AGENCY OR SOCIAL  SERVICES  DISTRICT,  WHEN  SAID
SERVICE  RECIPIENT IS REPORTED TO THE VULNERABLE PERSONS' CENTRAL REGIS-
TER AS THE VULNERABLE PERSON AND WHEN  THE  RECORDS,  REPORTS  OR  OTHER
INFORMATION  ARE  NECESSARY  TO  ENABLE  THE  PROVIDER OR COORDINATOR TO
ESTABLISH AND IMPLEMENT A PLAN OF SERVICE FOR THE SERVICE  RECIPIENT  OR
THE  SERVICE RECIPIENT'S FAMILY, OR TO MONITOR THE PROVISION AND COORDI-
NATION OF SERVICES AND THE CIRCUMSTANCES OF THE  SERVICE  RECIPIENT  AND
THE  SERVICE  RECIPIENT'S  FAMILY,  OR  TO  DIRECTLY PROVIDE SERVICES IN
ACCORDANCE WITH REQUIREMENTS ESTABLISHED BY THE APPLICABLE  STATE  OVER-
SIGHT  AGENCY  TO THE EXTENT THAT THE SHARING OF SUCH INFORMATION IS NOT
OTHERWISE PROHIBITED BY FEDERAL LAW; PROVIDED, HOWEVER,  A  PROVIDER  OR
COORDINATOR OF SERVICES GIVEN ACCESS TO INFORMATION CONCERNING A SERVICE
RECIPIENT  PURSUANT  TO THIS PARAGRAPH SHALL BE AUTHORIZED TO REDISCLOSE
SUCH INFORMATION  TO  OTHER  PERSONS  OR  AGENCIES  WHICH  ALSO  PROVIDE
SERVICES TO THE SERVICE RECIPIENT OR THE SERVICE RECIPIENT'S FAMILY ONLY
IF  AN  AGREEMENT  HAS  BEEN  OR WILL BE REACHED BETWEEN THE PROVIDER OR
COORDINATOR OF SERVICE AND SUCH FACILITY OR PROVIDER  AGENCY,  OPERATING
STATE  AGENCY  OR  LOCAL DISTRICT. AN AGREEMENT ENTERED INTO PURSUANT TO
THIS PARAGRAPH SHALL INCLUDE THE SPECIFIC  AGENCIES  AND  CATEGORIES  OF
INDIVIDUALS  TO  WHOM  REDISCLOSURE  BY  THE  PROVIDER OR COORDINATOR OF
SERVICES IS AUTHORIZED.  PERSONS OR AGENCIES GIVEN ACCESS TO INFORMATION
PURSUANT TO THIS PARAGRAPH MAY EXCHANGE SUCH  INFORMATION  IN  ORDER  TO
FACILITATE  THE  PROVISION  OR  COORDINATION  OF SERVICES TO THE SERVICE
RECIPIENT OR THE SERVICE RECIPIENT'S FAMILY;
  (O) A DISINTERESTED PERSON MAKING AN INVESTIGATION PURSUANT TO SECTION
ONE HUNDRED SIXTEEN OF THE DOMESTIC RELATIONS LAW,  PROVIDED  THAT  SUCH
DISINTERESTED  PERSON  SHALL ONLY MAKE THIS INFORMATION AVAILABLE TO THE
JUDGE BEFORE WHOM THE ADOPTION PROCEEDING IS PENDING;
  (P) A CRIMINAL JUSTICE AGENCY CONDUCTING AN INVESTIGATION OF A MISSING
CHILD OR VULNERABLE ADULT WHERE THERE IS REASON TO  SUSPECT  INFORMATION
IN  A  SUBSTANTIATED REPORT UNDER THIS ARTICLE IS NEEDED TO FURTHER SUCH
INVESTIGATION;
  (Q) THE DIRECTOR OR OPERATOR OF THE FACILITY OR PROVIDER  AGENCY  AND,
AS  APPROPRIATE, THE LOCAL SOCIAL SERVICES COMMISSIONER, COMMISSIONER OF
THE OFFICE OF CHILDREN AND FAMILY SERVICES, OR SCHOOL DISTRICT PLACING A
CHILD IN THAT PROGRAM, THE APPLICABLE EXECUTIVE  AGENCY,  AND,  FOR  ANY
REPORT  INVOLVING ABUSE OR NEGLECT OF A CHILD, ANY ATTORNEY APPOINTED TO
REPRESENT THE CHILD WHOSE APPOINTMENT HAS BEEN  CONTINUED  BY  A  FAMILY

S. 7400                            35

COURT  JUDGE DURING THE TERM OF THE PLACEMENT AND SUBJECT TO THE LIMITA-
TIONS CONTAINED IN SECTION FOUR HUNDRED NINETY-FIVE OF THIS ARTICLE;
  (R)  FOR  ANY  REPORT  ALLEGING  ABUSE  OR NEGLECT OF A CHILD, A CHILD
PROTECTIVE SERVICE OF ANOTHER STATE WHEN SUCH SERVICE CERTIFIES THAT THE
RECORDS AND REPORTS ARE NECESSARY IN ORDER TO CONDUCT A CHILD  ABUSE  OR
MALTREATMENT INVESTIGATION WITHIN ITS JURISDICTION OF THE SUBJECT OF THE
REPORT  AND  SHALL ONLY BE USED FOR PURPOSES OF CONDUCTING SUCH INVESTI-
GATION AND WILL NOT BE REDISCLOSED TO ANY OTHER PERSON OR AGENCY;
  (S) AN ATTORNEY FOR A CHILD, APPOINTED PURSUANT TO SECTION  ONE  THOU-
SAND SIXTEEN OF THE FAMILY COURT ACT, AT ANY TIME SUCH APPOINTMENT IS IN
EFFECT,  IN  RELATION  TO  ANY  REPORT  IN  WHICH  THE RESPONDENT IN THE
PROCEEDING IN WHICH THE ATTORNEY FOR  THE  CHILD  IS  APPOINTED  IS  THE
SUBJECT  OR ANOTHER PERSON NAMED IN THE REPORT, PURSUANT TO SECTIONS ONE
THOUSAND THIRTY-NINE-A AND ONE THOUSAND FIFTY-TWO-A OF THE FAMILY  COURT
ACT;
  (T) OFFICERS AND EMPLOYEES OF THE STATE COMPTROLLER, FOR PURPOSES OF A
DULY  AUTHORIZED PERFORMANCE AUDIT, PROVIDED THAT SUCH COMPTROLLER SHALL
HAVE CERTIFIED TO THE KEEPER OF SUCH RECORDS THAT HE OR SHE  HAS  INSTI-
TUTED  PROCEDURES  DEVELOPED  IN CONSULTATION WITH THE JUSTICE CENTER TO
LIMIT ACCESS TO SERVICE RECIPIENT-IDENTIFIABLE  INFORMATION  TO  PERSONS
REQUIRING  SUCH INFORMATION FOR PURPOSES OF THE AUDIT AND THAT APPROPRI-
ATE CONTROLS AND  PROHIBITIONS  ARE  IMPOSED  ON  THE  DISSEMINATION  OF
SERVICE  RECIPIENT-IDENTIFIABLE  INFORMATION CONTAINED IN THE CONDUCT OF
THE AUDIT.
  (I) INFORMATION PERTAINING TO THE SUBSTANCE OR CONTENT OF ANY  PSYCHO-
LOGICAL,  PSYCHIATRIC,  THERAPEUTIC, CLINICAL OR MEDICAL REPORTS, EVALU-
ATIONS OR LIKE MATERIALS OR INFORMATION PERTAINING  TO  SUCH  VULNERABLE
PERSON OR SUCH PERSON'S FAMILY SHALL NOT BE MADE AVAILABLE TO SUCH OFFI-
CERS  AND  EMPLOYEES UNLESS DISCLOSURE OF SUCH INFORMATION IS ABSOLUTELY
ESSENTIAL TO THE SPECIFIC AUDIT ACTIVITY AND THE  JUSTICE  CENTER  GIVES
PRIOR WRITTEN APPROVAL.
  (II)  ANY  FAILURE  TO  MAINTAIN  THE CONFIDENTIALITY OF SERVICE RECI-
PIENT-IDENTIFIABLE INFORMATION SHALL SUBJECT SUCH COMPTROLLER OR OFFICER
TO DENIAL OF ANY FURTHER ACCESS TO RECORDS UNTIL SUCH TIME AS THE  AUDIT
AGENCY  HAS REVIEWED ITS PROCEDURES CONCERNING CONTROLS AND PROHIBITIONS
IMPOSED ON THE DISSEMINATION OF  SUCH  INFORMATION  AND  HAS  TAKEN  ALL
REASONABLE AND APPROPRIATE STEPS TO ELIMINATE SUCH LAPSES IN MAINTAINING
CONFIDENTIALITY TO THE SATISFACTION OF THE JUSTICE CENTER.  SUCH JUSTICE
CENTER  SHALL  ESTABLISH  THE  GROUNDS  FOR  DENIAL OF ACCESS TO RECORDS
CONTAINED UNDER THIS SECTION AND SHALL RECOMMEND AS NECESSARY A PLAN  OF
REMEDIATION  TO  THE AUDIT AGENCY.   EXCEPT AS PROVIDED IN THIS SECTION,
NOTHING IN THIS SUBPARAGRAPH SHALL BE CONSTRUED AS LIMITING  THE  POWERS
OF  SUCH  COMPTROLLER  OR  OFFICER  TO ACCESS RECORDS WHICH HE OR SHE IS
OTHERWISE AUTHORIZED TO AUDIT  OR  OBTAIN  UNDER  ANY  OTHER  APPLICABLE
PROVISION  OF  LAW.  ANY  PERSON GIVEN ACCESS TO INFORMATION PURSUANT TO
THIS SUBPARAGRAPH WHO RELEASES DATA OR INFORMATION TO PERSONS  OR  AGEN-
CIES  NOT  AUTHORIZED  TO  RECEIVE SUCH INFORMATION SHALL BE GUILTY OF A
CLASS A MISDEMEANOR;
  (U) AN ENTITY WITH APPROPRIATE LEGAL AUTHORITY  IN  ANOTHER  STATE  TO
LICENSE,  CERTIFY  OR  OTHERWISE APPROVE PROSPECTIVE FOSTER AND ADOPTIVE
PARENTS WHERE DISCLOSURE OF INFORMATION REGARDING THE PROSPECTIVE FOSTER
OR ADOPTIVE PARENTS AND OTHER PERSONS OVER THE AGE OF EIGHTEEN  RESIDING
IN  THE HOME OF SUCH PROSPECTIVE PARENTS IS REQUIRED BY PARAGRAPH TWENTY
OF SUBDIVISION (A) OF SECTION SIX HUNDRED SEVENTY-ONE OF TITLE FORTY-TWO
OF THE UNITED STATES CODE;

S. 7400                            36

  (V) A SOCIAL SERVICES OFFICIAL WHO IS INVESTIGATING WHETHER  AN  ADULT
IS  IN  NEED OF PROTECTIVE SERVICES IN ACCORDANCE WITH THE PROVISIONS OF
SECTION FOUR HUNDRED SEVENTY-THREE OF THIS CHAPTER OR A CHILD IS IN NEED
OF CHILD PROTECTIVE SERVICES PURSUANT TO THE PROVISIONS OF TITLE SIX  OF
ARTICLE  SIX OF THIS CHAPTER, WHEN SUCH OFFICIAL HAS REASONABLE CAUSE TO
BELIEVE THAT SUCH REPORTS AND INFORMATION  ARE  NEEDED  TO  FURTHER  THE
PRESENT INVESTIGATION; AND
  (W)  FOR  REPORTS  ALLEGING ABUSE OR NEGLECT OF CHILDREN, MEMBERS OF A
CITIZEN REVIEW PANEL AS ESTABLISHED PURSUANT TO  SECTION  THREE  HUNDRED
SEVENTY-ONE-B OF THIS CHAPTER; PROVIDED, HOWEVER, SUCH MEMBERS SHALL NOT
DISCLOSE TO ANY PERSON OR GOVERNMENTAL OFFICIAL ANY IDENTIFYING INFORMA-
TION  WHICH  THE PANEL HAS BEEN PROVIDED AND SHALL NOT MAKE PUBLIC OTHER
INFORMATION UNLESS OTHERWISE AUTHORIZED BY STATUTE.
  2. (A) THE EXECUTIVE DIRECTOR, IN  CONSULTATION  WITH  THE  APPLICABLE
STATE  OVERSIGHT  AGENCY MAY DISCLOSE INFORMATION REGARDING THE ABUSE OR
NEGLECT OF A VULNERABLE PERSON AS SET FORTH IN  THIS  SECTION,  AND  THE
INVESTIGATION  THEREOF  AND  ANY  SERVICES RELATED THERETO, IF OTHERWISE
PERMITTED BY APPLICABLE FEDERAL LAW AND IF HE  OR  SHE  DETERMINES  THAT
SUCH  DISCLOSURE  SHALL  NOT  BE  CONTRARY  TO THE BEST INTERESTS OF THE
VULNERABLE PERSON AND ANY ONE OF THE FOLLOWING FACTORS ARE PRESENT:
  (I) THE SUBJECT OF THE  REPORT  HAS  BEEN  CHARGED  IN  AN  ACCUSATORY
INSTRUMENT WITH COMMITTING A CRIME RELATED TO A REPORT MAINTAINED IN THE
VULNERABLE PERSONS' CENTRAL REGISTER; OR
  (II)  THE  INVESTIGATION  OF  THE  ABUSE  OR NEGLECT OF THE VULNERABLE
PERSON OR THE PROVISION OF SERVICES BY THE FACILITY OR  PROVIDER  AGENCY
HAS  BEEN PUBLICLY DISCLOSED IN A REPORT REQUIRED TO BE DISCLOSED IN THE
COURSE OF THEIR OFFICIAL DUTIES, BY A LAW ENFORCEMENT  AGENCY  OR  OFFI-
CIAL, A DISTRICT ATTORNEY, ANY OTHER STATE OR LOCAL INVESTIGATIVE AGENCY
OR OFFICIAL, OR BY JUDGE OF THE UNIFIED COURT SYSTEM; OR
  (III)  THERE HAS BEEN A PRIOR KNOWING, VOLUNTARY, PUBLIC DISCLOSURE BY
AN INDIVIDUAL CONCERNING A REPORT OF ABUSE  OR  NEGLECT  IN  WHICH  SUCH
INDIVIDUAL  IS NAMED AS THE SUBJECT OF THE REPORT AS DEFINED BY SUBDIVI-
SION THIRTEEN OF SECTION FOUR HUNDRED EIGHTY-EIGHT OF THIS ARTICLE; OR
  (IV) THE VULNERABLE PERSON NAMED IN THE REPORT HAS DIED OR THE  REPORT
INVOLVES  THE  NEAR FATALITY OF A VULNERABLE PERSON. FOR THE PURPOSES OF
THIS SECTION, "NEAR FATALITY" MEANS AN ACT THAT RESULTS IN  THE  VULNER-
ABLE  PERSON  BEING  PLACED,  AS CERTIFIED BY A PHYSICIAN, IN SERIOUS OR
CRITICAL CONDITION.
  (B) FOR THE PURPOSES OF THIS SECTION, ONLY THE  FOLLOWING  INFORMATION
MAY BE DISCLOSED:
  (I) THE NAME OF THE ABUSED OR NEGLECTED VULNERABLE PERSON;
  (II)  THE  DETERMINATION  BY  THE JUSTICE CENTER AND THE FINDINGS UPON
WHICH SUCH DETERMINATION WAS BASED;
  (III) IDENTIFICATION OF SERVICES PROVIDED OR ACTIONS,  IF  ANY,  TAKEN
REGARDING THE VULNERABLE PERSON NAMED IN THE REPORT AND HIS OR HER FAMI-
LY AS A RESULT OF ANY SUCH REPORT OR REPORTS;
  (IV)  WHETHER ANY REPORT OF ABUSE OR NEGLECT REGARDING SUCH VULNERABLE
PERSON HAS BEEN "SUBSTANTIATED" AS MAINTAINED BY THE VULNERABLE PERSONS'
CENTRAL REGISTER;
  (V) ANY ACTIONS TAKEN BY THE STATE OVERSIGHT AGENCY OR THE FACILITY OR
PROVIDER AGENCY IN RESPONSE TO  REPORTS  OF  ABUSE  OR  NEGLECT  OF  THE
VULNERABLE PERSON TO THE VULNERABLE PERSONS' CENTRAL REGISTER, INCLUDING
BUT NOT LIMITED TO ACTIONS TAKEN AFTER EACH AND EVERY REPORT OF ABUSE OR
NEGLECT OF SUCH PERSON AND THE DATES OF SUCH REPORTS; AND
  (VI) ANY EXTRAORDINARY OR PERTINENT INFORMATION CONCERNING THE CIRCUM-
STANCES  OF THE ABUSE OR NEGLECT OF THE VULNERABLE PERSON AND THE INVES-

S. 7400                            37

TIGATION THEREOF, WHERE THE EXECUTIVE DIRECTOR, IN CONSULTATION WITH THE
COMMISSIONER OF THE APPLICABLE STATE OVERSIGHT  AGENCY  DETERMINES  SUCH
DISCLOSURE IS CONSISTENT WITH THE PUBLIC INTEREST.
  (C) INFORMATION MAY BE DISCLOSED PURSUANT TO THIS SECTION AS FOLLOWS:
  (I)  INFORMATION RELEASED PRIOR TO THE COMPLETION OF THE INVESTIGATION
OF A REPORT SHALL BE LIMITED TO A STATEMENT  THAT  A  REPORT  IS  "UNDER
INVESTIGATION";
  (II)  WHEN THERE HAS BEEN A PRIOR DISCLOSURE PURSUANT TO PARAGRAPH (A)
OF THIS SUBDIVISION, INFORMATION RELEASED IN A CASE IN WHICH THE  INVES-
TIGATION  OF THE REPORT HAS BEEN COMPLETED BUT NOT SUBSTANTIATED, INFOR-
MATION SHALL BE LIMITED TO THE STATEMENT  THAT  "THE  INVESTIGATION  HAS
BEEN COMPLETED AND THE REPORT HAS BEEN DISCONFIRMED OR INCONCLUSIVE";
  (III)  IF  THE REPORT HAS BEEN "SUBSTANTIATED" THEN INFORMATION MAY BE
RELEASED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
  (D) ANY DISCLOSURE OF INFORMATION PURSUANT TO THIS  SECTION  SHALL  BE
CONSISTENT  WITH  THE  PROVISIONS  OF PARAGRAPH (B) OF THIS SUBDIVISION.
SUCH DISCLOSURE SHALL NOT IDENTIFY OR PROVIDE AN IDENTIFYING DESCRIPTION
OF THE SOURCE OF THE REPORT, AND SHALL NOT  IDENTIFY  THE  NAME  OF  THE
ABUSED OR NEGLECTED VULNERABLE PERSON'S SIBLINGS OR CHILDREN, THE PARENT
OR OTHER PERSON LEGALLY RESPONSIBLE FOR SUCH PERSON OR ANY OTHER MEMBERS
OF SUCH PERSON'S HOUSEHOLD.
  (E)  IN  DETERMINING,  PURSUANT  TO PARAGRAPH (A) OF THIS SUBDIVISION,
WHETHER DISCLOSURE WILL BE CONTRARY TO THE BEST INTERESTS OF THE VULNER-
ABLE PERSON, THE EXECUTIVE  DIRECTOR  SHALL  CONSIDER  THE  INTEREST  IN
PRIVACY OF THE VULNERABLE PERSON AND SUCH PERSON'S SIBLINGS OR CHILDREN,
THE  PARENT  OR  OTHER PERSON LEGALLY RESPONSIBLE FOR SUCH PERSON OR ANY
OTHER MEMBERS OF SUCH PERSON'S HOUSEHOLD.
  (F) EXCEPT AS IT APPLIES DIRECTLY TO THE CAUSE OF THE ABUSE OR NEGLECT
OF THE VULNERABLE PERSON, NOTHING IN THIS SECTION  SHALL  BE  DEEMED  TO
AUTHORIZE  THE  RELEASE OR DISCLOSURE OF THE SUBSTANCE OR CONTENT OF ANY
PSYCHOLOGICAL, PSYCHIATRIC, THERAPEUTIC, CLINICAL  OR  MEDICAL  REPORTS,
EVALUATIONS  OR  LIKE MATERIALS OR INFORMATION PERTAINING TO SUCH PERSON
OR SUCH PERSON'S FAMILY. ANY SUCH INFORMATION THAT APPLIES  DIRECTLY  TO
THE  CAUSE  OF  THE  ABUSE  OR  NEGLECT  OF THE VULNERABLE PERSON MAY BE
DISCLOSED ONLY IF DISCLOSURE IS NOT OTHERWISE RESTRICTED  BY  APPLICABLE
FEDERAL OR STATE LAWS.
  3. A PERSON GIVEN ACCESS TO THE NAMES OR OTHER INFORMATION IDENTIFYING
THE SUBJECT OF THE REPORT OR OTHER PERSONS NAMED IN THE REPORT SHALL NOT
DIVULGE  OR MAKE PUBLIC SUCH IDENTIFYING INFORMATION UNLESS HE OR SHE IS
A DISTRICT ATTORNEY OR OTHER LAW ENFORCEMENT OFFICIAL AND THE PURPOSE IS
TO INITIATE COURT ACTION OR THE DISCLOSURE IS  NECESSARY  IN  CONNECTION
WITH THE INVESTIGATION OR PROSECUTION OF THE SUBJECT OF THE REPORT FOR A
CRIME  ALLEGED  TO  HAVE  BEEN  COMMITTED BY THE SUBJECT AGAINST ANOTHER
PERSON NAMED IN THE REPORT.  NOTHING IN THIS SECTION SHALL BE  CONSTRUED
TO  PERMIT  ANY  RELEASE,  DISCLOSURE  OR IDENTIFICATION OF THE NAMES OR
IDENTIFYING DESCRIPTIONS OF PERSONS WHO HAVE REPORTED SUSPECTED ABUSE OR
NEGLECT TO THE VULNERABLE PERSONS' CENTRAL REGISTER OR THE  STATE  OVER-
SIGHT  AGENCY,  FACILITY  OR  PROVIDER AGENCY OR OTHER ENTITY WHERE SUCH
PERSONS ARE EMPLOYED OR WITH WHICH  THEY  ARE  ASSOCIATED  WITHOUT  SUCH
PERSONS'  WRITTEN  PERMISSION EXCEPT TO PERSONS, OFFICIALS, AND AGENCIES
ENUMERATED IN PARAGRAPHS (F), (G), (L), (M) AND (V) OF  SUBDIVISION  ONE
OF  THIS  SECTION.    TO  THE  EXTENT THAT PERSONS OR AGENCIES ARE GIVEN
ACCESS TO INFORMATION PURSUANT TO PARAGRAPHS (C), (D),  (E),  (K),  (L),
(M),  (N)  AND  (P)  OF SUBDIVISION ONE OF THIS SECTION, SUCH PERSONS OR
AGENCIES MAY GIVE AND RECEIVE SUCH INFORMATION TO EACH OTHER IN ORDER TO

S. 7400                            38

FACILITATE AN INVESTIGATION CONDUCTED, OR THE PROVISION OF SERVICES,  BY
SUCH PERSONS OR AGENCIES.
  4.  UNLESS  AN  INVESTIGATION  OF  A REPORT CONDUCTED PURSUANT TO THIS
ARTICLE DETERMINES THAT THERE IS A PREPONDERANCE OF THE EVIDENCE OF  THE
ALLEGED ABUSE OR NEGLECT, ALL INFORMATION IDENTIFYING THE SUBJECT OF THE
REPORT  AND  OTHER PERSONS NAMED IN THE REPORT SHALL BE SEALED FORTHWITH
BY THE VULNERABLE PERSONS' CENTRAL REGISTER.  SUCH REPORTS MAY  ONLY  BE
UNSEALED  AND MADE AVAILABLE, CONSISTENT WITH ANY OTHER APPLICABLE STATE
OR FEDERAL LAW, TO:
  (A) THE STATE AGENCY OPERATING, LICENSING OR CERTIFYING A FACILITY  OR
PROGRAM  FOR  THE  PURPOSE  OF  MONITORING OR LICENSING SUCH FACILITY OR
PROGRAM;
  (B) ANY STATE AGENCY OPERATING, LICENSING, OR CERTIFYING A FACILITY OR
PROVIDER AGENCY WHEN  INVESTIGATING  A  REPORT  OF  SUSPECTED  ABUSE  OR
MALTREATMENT  INVOLVING  THE  SUBJECT  OF  A  PREVIOUSLY  SEALED  REPORT
ACCEPTED BY THE VULNERABLE PERSONS' CENTRAL REGISTER;
  (C) THE SUBJECT OF THE REPORT;
  (D) A COURT OF RELEVANT JURISDICTION OR  A  LAW  ENFORCEMENT  OFFICIAL
WHEN  SUCH  COURT  OR  OFFICIAL VERIFIES THAT THE REPORT IS NECESSARY TO
CONDUCT AN ACTIVE INVESTIGATION OR PROSECUTION OF A VIOLATION OF  SUBDI-
VISION FOUR OF SECTION 240.50 OF THE PENAL LAW; OR
  (E)  THE  JUSTICE  CENTER  MEDICAL  REVIEW  BOARD, FOR THE PURPOSES OF
PREPARING A FATALITY REPORT PURSUANT TO SECTION FIVE  HUNDRED  FIFTY-SIX
OF THE EXECUTIVE LAW.
WHEN  A  REPORT IS UNSEALED, PERSONS GIVEN ACCESS TO IT SHALL NOT REDIS-
CLOSE SUCH REPORTS EXCEPT  AS  NECESSARY  TO  CONDUCT  SUCH  APPROPRIATE
INVESTIGATION OR PROSECUTION AND SHALL REQUEST THAT THE COURT REDACT ANY
COPIES  OF  SUCH  REPORTS PRODUCED IN ANY COURT PROCEEDING TO REMOVE THE
NAMES OF THOSE PERSONS IRRELEVANT TO THE PROCEEDING SUCH AS  THE  SOURCE
OF  THE  REPORT,  THE NAME OF THE SUBJECT, OR AND OTHER PERSONS NAMED IN
THE REPORTS; OR THAT THE COURT ISSUE AN ORDER PROTECTING  THE  NAMES  OF
THE  SUBJECTS AND OTHER PERSONS NAMED IN THE REPORTS FROM PUBLIC DISCLO-
SURE.
  S 497. IMMUNITY FROM LIABILITY. ANY PERSON PARTICIPATING IN GOOD FAITH
IN MAKING A REPORT, TAKING  PHOTOGRAPHS,  CONDUCTING  OR  OVERSEEING  AN
INVESTIGATION,  OPERATING  THE  VULNERABLE  PERSONS' CENTRAL REGISTER OR
DISCLOSING INFORMATION IN COMPLIANCE WITH THIS ARTICLE SHALL HAVE  IMMU-
NITY  FROM ANY LIABILITY, CIVIL OR CRIMINAL, THAT MIGHT OTHERWISE RESULT
BY REASON OF SUCH ACTIONS. FOR THE PURPOSE OF ANY PROCEEDING,  CIVIL  OR
CRIMINAL,  THE  GOOD FAITH OF ANY SUCH PERSON REQUIRED TO PERFORM ANY OF
SUCH FUNCTIONS IN  ACCORDANCE  WITH  THIS  ARTICLE  SHALL  BE  PRESUMED,
PROVIDED  SUCH  PERSON, WAS ACTING IN DISCHARGE OF HIS OR HER DUTIES AND
WITHIN THE SCOPE OF HIS OR HER EMPLOYMENT OR RESPONSIBILITIES, AND  THAT
SUCH  LIABILITY  DID  NOT  RESULT  FROM  THE WILLFUL MISCONDUCT OR GROSS
NEGLIGENCE OF SUCH PERSON.
  S 2. This act shall take effect April 1, 2013; provided, however, that
effective immediately, the addition, amendment or repeal of any rule  or
regulation necessary for the implementation of this act on its effective
date is authorized to be made on or before such date.

                                 PART C

  Section  1.  Subdivisions  6  and  7 of section 677 of the county law,
subdivision 6 as amended by chapter 491 of the laws of 1987, subdivision
7 as added by chapter 477 of the laws  of  1979  and  paragraph  (a)  of

S. 7400                            39

subdivision 7 as amended by chapter 330 of the laws of 1993, are amended
to read as follows:
  6. The coroner, coroner's physician or medical examiner shall promptly
provide  the  chairman  of  the  correction medical review board and the
commissioner of correctional services with copies of any autopsy report,
toxicological report  or  any  report  of  any  examination  or  inquiry
prepared  with  respect to any death occurring to an inmate of a correc-
tional facility as defined by subdivision three of section forty of  the
correction  law within his county; AND SHALL PROMPTLY PROVIDE THE EXECU-
TIVE DIRECTOR OF THE JUSTICE CENTER FOR THE PROTECTION  OF  PEOPLE  WITH
SPECIAL  NEEDS  WITH  COPIES OF ANY AUTOPSY REPORT, TOXICOLOGY REPORT OR
ANY REPORT OF ANY EXAMINATION OR INQUIRY PREPARED WITH  RESPECT  TO  THE
DEATH  OF ANY SERVICE RECIPIENT OCCURRING WHILE HE OR SHE WAS A RESIDENT
IN ANY FACILITY OPERATED, LICENSED OR CERTIFIED BY ANY AGENCY WITHIN THE
DEPARTMENT  OF  MENTAL  HYGIENE,  THE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES,  THE  DEPARTMENT  OF HEALTH OR THE STATE EDUCATION DEPARTMENT.
If the toxicological report is prepared pursuant  to  any  agreement  or
contract with any person, partnership, corporation or governmental agen-
cy  with  the coroner or medical examiner, such report shall be promptly
provided to the chairman of the correction  medical  review  board  [and
to], the commissioner of correctional services OR THE EXECUTIVE DIRECTOR
OF  THE JUSTICE CENTER FOR PEOPLE WITH SPECIAL NEEDS, AS APPROPRIATE, by
such person, partnership, corporation or governmental agency.
  7. (a) Upon the written request of the commissioner of mental  health,
the commissioner of [mental retardation and] THE OFFICE FOR PERSONS WITH
developmental  disabilities,  the  director  of the mental hygiene legal
service, [the chairman of the commission on  quality  of  care  for  the
mentally  disabled] THE EXECUTIVE DIRECTOR OF THE JUSTICE CENTER FOR THE
PROTECTION OF PEOPLE WITH SPECIAL NEEDS or  the  director  of  a  mental
hygiene  facility, as defined in SUBDIVISION TWO OF section [45.01] FIVE
HUNDRED FIFTY of the  [mental  hygiene]  EXECUTIVE  law,  at  which  the
deceased  was a patient or resident, the coroner, coroner's physician or
medical examiner shall provide such person with a copy  of  all  reports
and  records, including, but not limited to, autopsy reports and toxico-
logical reports related to the deceased prepared by a  person,  partner-
ship,  corporation  or  governmental agency pursuant to any agreement or
contract with the coroner or medical examiner with respect to the  death
of a patient or resident receiving services [for a mental disability] at
such a mental hygiene facility.
  (b)  Upon the written request of the commissioner of mental health, or
commissioner of [mental retardation and] developmental disabilities,  or
a  director of a departmental facility as defined in section 1.03 of the
mental hygiene law, or the [chairman of the  commission  on  quality  of
care for the mentally disabled] EXECUTIVE DIRECTOR OF THE JUSTICE CENTER
FOR  THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS, the coroner, coroner's
physician or medical examiner shall transmit  to  the  commissioner,  or
such  director,  [or  chairman,]  or  any member of the [mental hygiene]
JUSTICE CENTER medical review board [designated by the chairman of  such
commission],  original  autopsy  slides,  tissue materials and specimens
taken from the body of a deceased patient  or  resident  as  defined  in
paragraph  (a)  of this section. Such original materials may be used and
tested by such office of the  department  of  mental  hygiene,  or  such
director,  and  [mental  hygiene]  JUSTICE  CENTER  medical review board
pursuant to its authority under section [45.17] FIVE  HUNDRED  FIFTY-SIX
of the [mental hygiene] EXECUTIVE law.  Such slides, materials and spec-
imens  may  be  retained for a reasonable time, and shall be returned to

S. 7400                            40

the office of the coroner or medical examiner in good condition allowing
for reasonable use for study and testing purposes.
  S  2.  Subdivisions  (a) and (d) of section 7.09 of the mental hygiene
law, subdivision (a) as added by chapter 978 of the  laws  of  1977  and
subdivision (d) as added by chapter 477 of the laws of 1979, are amended
to read as follows:
  (a)  The  commissioner shall exercise all powers vested in the office.
He may delegate any function, power, or duty assigned to him or  to  the
office  of  mental  health  to a director of a facility operated by such
office or to any other officer or employee of such office, unless other-
wise provided by law. He may enter into agreements  with  the  EXECUTIVE
DIRECTOR OF THE JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL
NEEDS  OR  THE  other commissioners of the department in order to ensure
that programs and services are provided for all of  the  mentally  disa-
bled.
  (d)  The  commissioner  and directors of office facilities may request
and upon such request the coroner, coroner's physician or medical  exam-
iner  shall  provide  to such persons access to original autopsy slides,
tissue materials and specimens derived from any autopsy or inquiry  with
respect to the death of a patient or resident in a mental hygiene facil-
ity,  as  defined  in [section 45.01 of this chapter] SUBDIVISION TWO OF
SECTION FIVE HUNDRED FIFTY OF THE EXECUTIVE LAW. Such original materials
shall be preserved intact, except for unavoidable changes due to  neces-
sary scientific testing, and shall be returned to the coroner, coroner's
physician or medical examiner.
  S  3.  Subdivision  (b)  of section 7.21 of the mental hygiene law, as
amended by chapter 558 of the laws  of  2011,  is  amended  to  read  as
follows:
  (b)  Such  director shall have the responsibility of seeing that there
is humane treatment of the patients at his OR  HER  facility  and  shall
investigate,  OR CAUSE TO BE INVESTIGATED, every case of alleged patient
abuse or [mistreatment] NEGLECT.  IN ACCORDANCE WITH ARTICLE  ELEVEN  OF
THE  SOCIAL SERVICES LAW, THE DIRECTOR SHALL REQUIRE THAT ALLEGATIONS OF
ABUSE OR NEGLECT ARE REPORTED TO THE VULNERABLE PERSONS' CENTRAL  REGIS-
TER,  WHICH  SHALL SCREEN AND IMMEDIATELY FORWARD REPORTS THAT APPEAR TO
ALLEGE CRIMES TO THE APPROPRIATE LAW ENFORCEMENT AGENCY.  [The  director
shall  notify  immediately,  and in any event within three working days,
the board of visitors of the  facility  and  the  mental  hygiene  legal
service located in the same judicial department as the hospital, school,
or  institution  of every complaint of patient abuse or mistreatment and
shall inform the board and the  mental  hygiene  legal  service  of  the
results  of  his investigation. If it appears that a crime may have been
committed, the director shall give notice thereof to the district attor-
ney or other appropriate law enforcement official as soon  as  possible,
and  in  any  event within three working days unless it appears that the
crime includes an employee, intern, volunteer,  consultant,  contractor,
or visitor and the alleged conduct caused physical injury or the patient
was  subject  to unauthorized sexual contact, or if it appears the crime
is endangering the welfare of  an  incompetent  or  physically  disabled
person  pursuant to section 260.25 of the penal law, or if the crime was
any felony under state or federal law, then  the  district  attorney  or
other  appropriate law enforcement official must be contacted immediate-
ly, and in any event no later than twenty-four hours.]
  S 4. Subdivisions (a) and (c) of section 13.09 of the  mental  hygiene
law,  subdivision  (a)  as  added by chapter 978 of the laws of 1977 and

S. 7400                            41

subdivision (c) as added by chapter 477 of the laws of 1979, are amended
to read as follows:
  (a)  The  commissioner shall exercise all powers vested in the office.
He OR SHE may delegate any function, power, or duty assigned to  him  OR
HER  or  to  the office to any officer or employee of the office, unless
otherwise provided by law. He OR SHE  may  enter  into  agreements  with
other  commissioners  of the department in order to ensure that programs
and services are provided for all of the mentally disabled.
  (c) The commissioner and directors of office  facilities  may  request
and  upon such request the coroner, coroner's physician or medical exam-
iner shall provide to such persons access to  original  autopsy  slides,
tissue  materials and specimens derived from any autopsy or inquiry with
respect to the death of a patient or resident in a mental hygiene facil-
ity, as defined in [section 45.01 of this chapter]  SUBDIVISION  TWO  OF
SECTION FIVE HUNDRED FIFTY OF THE EXECUTIVE LAW. Such original materials
shall  be preserved intact, except for unavoidable changes due to neces-
sary scientific testing and shall be returned to the coroner,  coroner's
physician or medical examiner.
  S  5.  Subdivision  (b) of section 13.21 of the mental hygiene law, as
amended by section 3 of part J of chapter 56 of the  laws  of  2012,  is
amended to read as follows:
  (b)  Such directors shall have the responsibility of seeing that there
is humane  treatment  of  individuals  with  developmental  disabilities
receiving  services in settings operated, licensed, certified, funded or
approved by this office AND SHALL INVESTIGATE, OR CAUSE TO  BE  INVESTI-
GATED,  EVERY  CASE  OF ALLEGED PATIENT ABUSE OR NEGLECT.  IN ACCORDANCE
WITH ARTICLE ELEVEN OF THE  SOCIAL  SERVICES  LAW,  THE  DIRECTOR  SHALL
REQUIRE THAT ALLEGATIONS OF ABUSE OR NEGLECT ARE REPORTED TO THE VULNER-
ABLE  PERSONS'  CENTRAL  REGISTER,  WHICH  SHALL  SCREEN AND IMMEDIATELY
FORWARD REPORTS THAT APPEAR TO ALLEGE  CRIMES  TO  THE  APPROPRIATE  LAW
ENFORCEMENT AGENCY. [A director of a state operations office shall noti-
fy immediately, and in any event within three working days, the board of
visitors of the facility and the mental hygiene legal service located in
the  same  judicial  department  as the state operations office of every
complaint of patient abuse or mistreatment and shall  inform  the  board
and the mental hygiene legal service of the results of his or her inves-
tigation. If it appears that a crime may have been committed, such state
operations  director  shall give notice thereof to the district attorney
or other appropriate law enforcement official as soon as  possible,  and
in  any event within three working days unless it appears that the crime
includes an employee,  intern,  volunteer,  consultant,  contractor,  or
visitor  and  the  alleged conduct caused physical injury or the patient
was subject to unauthorized sexual contact, or if it appears  the  crime
is  endangering  the  welfare  of  an incompetent or physically disabled
person pursuant to section 260.25 of the penal law, or if the crime  was
any  felony  under  state  or federal law, then the district attorney or
other appropriate law enforcement official must be contacted  immediate-
ly, and in any event no later than twenty-four hours.]
  S  6.  Subdivision  2  of  section  13.34 of the mental hygiene law is
REPEALED and subdivisions 3, 4, 5 and 6 are renumbered  subdivisions  2,
3, 4 and 5.
  S 7.  Subdivisions 1 and 2 of section 13.34 of the mental hygiene law,
subdivision  1  as  amended by section 16 of part J of chapter 56 of the
laws of 2012, subdivision 2 as amended by chapter 542  of  the  laws  of
2011  and such subdivision as renumbered by section six of this act, are
amended to read as follows:

S. 7400                            42

  1. There shall be at each  developmental  center  facility  listed  in
section  13.17 of this article, an ombudsman who shall be an employee of
the [commission on quality of care and advocacy for persons  with  disa-
bilities] JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS
under  article  [forty-five]  TWENTY of [this chapter] THE EXECUTIVE LAW
and who shall  be  responsible  for  receiving  and  responding  to  any
complaints regarding [individual clients] INDIVIDUALS RECEIVING SERVICES
residing in such facility. The ombudsman shall have the following powers
and duties:
  i. to advise and consult with INDIVIDUALS RECEIVING SERVICES, parents,
guardians,  correspondents  and other interested persons with respect to
any complaints, or issues related to [the conditions of  clients'  resi-
dents] INDIVIDUALS RECEIVING SERVICES;
  ii. to review and attempt to remedy specific complaints with responsi-
ble and appropriate staff;
  iii.  where  it appears that care has not been rendered as required by
applicable standards to refer the complaint to the appropriate agency or
body for its attention;
  iv. to receive and keep confidential  any  complaint,  information  or
inquiry from any source. The records of the ombudsman shall be confiden-
tial, and shall not be available to the public;
  v.  to  advise  and  consult  with the board of visitors served by the
ombudsman with respect to any complaints or issues  relating  to  condi-
tions  of client's residence, treatment and care and to regularly attend
the meetings of such board; and
  vi. to meet with the commissioner, or a representative of the  commis-
sioner,  on  a  quarterly basis regarding systemic issues in the ombuds-
man's jurisdiction.
  2. The ombudsman shall be afforded initial training and orientation by
the [commission on quality of care and advocacy for persons  with  disa-
bilities]  JUSTICE  CENTER  FOR  THE  PROTECTION  OF PEOPLE WITH SPECIAL
NEEDS.
  S 8. Subdivision (b) of section 16.13 of the  mental  hygiene  law  is
REPEALED and a new subdivision (b) is added to read as follows:
  (B)  MAKING  REPORTS  OF  CASES OF ABUSE OR NEGLECT IN ACCORDANCE WITH
ARTICLE ELEVEN OF THE SOCIAL SERVICES LAW  TO  THE  VULNERABLE  PERSONS'
CENTRAL REGISTER, WHICH SHALL SCREEN AND IMMEDIATELY FORWARD ALLEGATIONS
THAT  APPEAR TO ALLEGE CRIMES TO THE APPROPRIATE LAW ENFORCEMENT AGENCY.
SIMILARLY, MAKING REPORTS OF SIGNIFICANT INCIDENTS, AS DEFINED IN SUBDI-
VISION TWELVE  OF  SECTION  FOUR  HUNDRED  EIGHTY-EIGHT  OF  THE  SOCIAL
SERVICES  LAW,  WHICH  SHALL  BE ADDRESSED PURSUANT TO THE STANDARDS SET
FORTH IN SECTION FOUR HUNDRED NINETY-ONE OF THE SOCIAL SERVICES LAW  AND
REGULATIONS OF THE OFFICE.
  S 9. Section 16.29 of the mental hygiene law, as amended by chapter 24
of  the  laws  of  2007, subdivision (b) as amended by chapter 37 of the
laws of 2011, is amended to read as follows:
S 16.29 [Child  abuse  and  maltreatment  in  residential  care]  ABUSE,
           NEGLECT,   AND  SIGNIFICANT  INCIDENTS  INVOLVING  VULNERABLE
           PERSONS.
  (a) The commissioner, IN CONSULTATION WITH THE EXECUTIVE  DIRECTOR  OF
THE  JUSTICE  CENTER  FOR  THE  PROTECTION OF PEOPLE WITH SPECIAL NEEDS,
shall promulgate regulations establishing standards for  the  protection
of  [children  in residential] SERVICE RECIPIENTS IN THE care OF FACILI-
TIES AND PROVIDER AGENCIES OPERATED, LICENSED OR CERTIFIED BY THE OFFICE
from abuse [and maltreatment], NEGLECT, AND SIGNIFICANT INCIDENTS PURSU-

S. 7400                            43

ANT TO ARTICLE ELEVEN OF THE SOCIAL SERVICES LAW,  including  procedures
for:
  (1)  [reviewing  and  evaluating  the  backgrounds  of and information
supplied by any person applying  to  be  an  employee,  a  volunteer  or
consultant,]  consistent  with  appropriate collective bargaining agree-
ments and applicable provisions of the civil service law[.  Such  review
and  evaluation  shall  include  but  not  be  limited  to the following
requirements: that the applicant set forth his or her employment  histo-
ry, provide personal and employment references and relevant experiential
and  educational information and, sign a sworn statement whether, to the
best of his or her knowledge, he or she has ever  been  convicted  of  a
crime  in  this  state or any other jurisdiction], ASSISTING THE JUSTICE
CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS WITH  ITS  REVIEW
AND  EVALUATION  OF CRIMINAL BACKGROUND CHECKS OF PROSPECTIVE EMPLOYEES,
AS SET FORTH IN SUBDIVISION FIVE OF SECTION FIVE HUNDRED FIFTY-THREE  OF
THE EXECUTIVE LAW;
  (2)  establishing  minimal experiential and educational qualifications
for employees that are consistent with appropriate collective bargaining
agreements and applicable provisions of the civil service law;
  (3) assuring adequate and appropriate supervision of employees, volun-
teers and consultants;
  (4) demonstrating that appropriate action is taken to assure the safe-
ty of [the child] A SERVICE RECIPIENT who is [reported] ALLEGED TO  HAVE
BEEN  ABUSED OR NEGLECTED IN A REPORT to the [state] VULNERABLE PERSONS'
central register, IN ACCORDANCE WITH SECTION FOUR HUNDRED NINETY-TWO  OF
THE  SOCIAL  SERVICES  LAW, as well as other [children] PERSONS in care,
immediately upon notification that a report of [child] AN ALLEGATION  OF
abuse  or  [maltreatment] NEGLECT has been made [with respect to a child
in a residential facility];
  (4-A) CONSISTENT WITH  APPLICABLE  COLLECTIVE  BARGAINING  AGREEMENTS,
ASSURING THAT AN INDIVIDUAL WHO HAS COMMITTED A CATEGORY ONE OFFENSE, AS
DEFINED  IN  PARAGRAPH  (A)  OF SUBDIVISION FIVE OF SECTION FOUR HUNDRED
NINETY-THREE OF THE SOCIAL SERVICES LAW, THAT IS INCLUDED ON THE VULNER-
ABLE PERSONS' CENTRAL REGISTER IS NOT HIRED OR  OTHERWISE  USED  IN  ANY
POSITION  IN  WHICH  SUCH  INDIVIDUAL WOULD HAVE REGULAR AND SUBSTANTIAL
CONTACT WITH A SERVICE RECIPIENT IN ANY PROGRAM  OPERATED,  LICENSED  OR
CERTIFIED BY THE OFFICE;
  (5)  removing  a  [child] SERVICE RECIPIENT when it is determined that
there is a risk to such [child] PERSON if he or she continues to  remain
in a [residential] facility; and
  (6) taking appropriate preventive and remedial action, including legal
action, consistent with appropriate collective bargaining agreements and
applicable  provisions of the civil service law. [Such] THE COMMISSIONER
SHALL ADOPT standards [shall also establish as  a  priority]  AS  ESTAB-
LISHED  BY  THE JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL
NEEDS, that:
  (i) administrators,  employees,  volunteers  and  consultants  receive
training  in  at least the following: [child] abuse prevention and iden-
tification, safety and security  procedures,  the  principles  of  child
development, the characteristics of [children] PERSONS in care and tech-
niques  of  group  [and child] management including crisis intervention,
the laws, regulations and procedures governing the protection of  [chil-
dren]  VULNERABLE  PERSONS  from  abuse [and maltreatment], NEGLECT, AND
SIGNIFICANT INCIDENTS, and other appropriate topics  provided,  however,
that  the  office  may  exempt  administrators and consultants from such

S. 7400                            44

requirements upon demonstration of substantially equivalent knowledge or
experience; and
  (ii) [children] SERVICE RECIPIENTS receive instruction consistent with
their  age,  needs  and  circumstances  as well as the needs and circum-
stances within the facility or program,  in  techniques  and  procedures
which  will  enable  [such  children] THEM to ADVOCATE AND protect them-
selves  from  abuse  [and  maltreatment],   NEGLECT,   AND   SIGNIFICANT
INCIDENTS.
  The  commissioner,  IN CONSULTATION WITH THE EXECUTIVE DIRECTOR OF THE
JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH  SPECIAL  NEEDS,  shall
take  all  reasonable  and  necessary  actions to assure that employees,
volunteers and consultants in [residential care] facilities OPERATED  OR
OVERSEEN BY THE OFFICE are kept apprised on a current basis of all poli-
cies  and  procedures of the office relating to the protection of [chil-
dren from abuse and maltreatment] VULNERABLE PERSONS, and shall  monitor
and  supervise the provision of training to such administrators, employ-
ees, volunteers, children and consultants. Standards developed  pursuant
to  this  subdivision  shall, to the extent possible, be consistent with
those promulgated by other state agencies for such purposes.
  (b) The commissioner shall provide necessary assistance to the  [state
commission  on  quality  of care and advocacy for persons with disabili-
ties] JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS  in
the  conduct  of investigations pursuant to [section 45.07 of this chap-
ter] ARTICLE ELEVEN OF THE EXECUTIVE LAW, shall consider its recommenda-
tions for appropriate preventive and  remedial  action  including  legal
actions,  and shall provide or direct a residential facility licensed or
operated by the office for people  with  developmental  disabilities  to
provide written reports thereon to the [commission] JUSTICE CENTER as to
the  implementation  of  plans of prevention and remediation approved by
such office.
  (c) The commissioner shall provide for the development and implementa-
tion of a plan of prevention and remediation with respect to  [an  indi-
cated]  A  SUBSTANTIATED  report  of  [child]  abuse  or  [maltreatment]
NEGLECT.  Such action shall include:
  (i) within ten days of  receipt  of  [an  indicated]  A  SUBSTANTIATED
report  of  [child]  abuse  or  [maltreatment]  NEGLECT, development and
implementation of a plan of prevention and remediation to be taken [with
respect to a custodian or the residential facility in order]  to  assure
the  continued  health  [and],  safety AND WELFARE of [children] SERVICE
RECIPIENTS and to provide for the prevention of future acts of abuse [or
maltreatment], NEGLECT, OR SIGNIFICANT INCIDENTS; and
  (ii) development and implementation of a plan of prevention and  reme-
diation,  in  the  event an investigation of a report of alleged [child]
abuse or [maltreatment determines that some credible evidence  of  abuse
or  maltreatment  exists]  NEGLECT  IS  SUBSTANTIATED  and such abuse or
[maltreatment] NEGLECT may be attributed in whole or in part to  noncom-
pliance  by  the  facility  with the provisions of this chapter or regu-
lations of the office applicable to the operation of such  [residential]
facility.  Any  plan of prevention and remediation required to be devel-
oped pursuant to this subdivision by a facility supervised by the office
shall be submitted to and approved by such  office  in  accordance  with
time  limits  established by regulations of such office.  Implementation
of the plan shall be monitored by such office. In reviewing the  contin-
ued qualifications of a residential facility or program for an operating
certificate,  the  office shall evaluate such facility's compliance with

S. 7400                            45

plans of prevention and remediation developed and  implemented  pursuant
to this subdivision.
  S  10. Section 31.30 of the mental hygiene law, as added by chapter 24
of the laws of 2007, is amended to read as follows:
S 31.30 [Child  abuse  and  maltreatment  in  residential  care]  ABUSE,
           NEGLECT,   AND  SIGNIFICANT  INCIDENTS  INVOLVING  VULNERABLE
           PERSONS.
  (a) The commissioner IN CONSULTATION WITH THE  EXECUTIVE  DIRECTOR  OF
THE  JUSTICE  CENTER  FOR  THE  PROTECTION OF PEOPLE WITH SPECIAL NEEDS,
shall promulgate regulations establishing standards for  the  protection
of  [children  in  residential]  SERVICE  RECIPIENTS  IN  THE  care [and
maltreatment] OF FACILITIES AND PROVIDER AGENCIES OPERATED, LICENSED  OR
CERTIFIED  BY  THE OFFICE FROM ABUSE, NEGLECT, AND SIGNIFICANT INCIDENTS
PURSUANT TO ARTICLE ELEVEN OF THE SOCIAL SERVICES LAW, including  proce-
dures for:
  1.  [reviewing  and  evaluating  the  backgrounds  of  and information
supplied by any person applying  to  be  an  employee,  a  volunteer  or
consultant,]  consistent  with  appropriate collective bargaining agree-
ments and applicable provisions of the civil service law[.  Such  review
and  evaluation  shall  include,  but  not  be limited to, the following
requirements: that the applicant set forth his or her employment  histo-
ry, provide personal and employment references and relevant experiential
and  educational information and, sign a sworn statement whether, to the
best of his or her knowledge, he or she has ever  been  convicted  of  a
crime  in  this  state or any other jurisdiction], ASSISTING THE JUSTICE
CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS WITH  ITS  REVIEW
AND  EVALUATION OF  CRIMINAL BACKGROUND CHECKS OF PROSPECTIVE EMPLOYEES,
AS SET FORTH IN SUBDIVISION FIVE OF SECTION FIVE HUNDRED FIFTY-THREE  OF
THE EXECUTIVE LAW;
  2.  establishing  minimal  experiential and educational qualifications
for employees that are consistent with appropriate collective bargaining
agreements and applicable provisions of the civil service law;
  3. assuring adequate and appropriate supervision of employees,  volun-
teers and consultants;
  4. demonstrating that appropriate action is taken to assure the safety
of  the [child] SERVICE RECIPIENT who is [reported] ALLEGED TO HAVE BEEN
ABUSED OR NEGLECTED IN A  REPORT  to  the  [state]  VULNERABLE  PERSONS'
central  register, IN ACCORDANCE WITH SECTION FOUR HUNDRED NINETY-TWO OF
THE SOCIAL SERVICES LAW, as well as other [children]  PERSONS  in  care,
immediately  upon notification that a report of [child] AN ALLEGATION OF
abuse or [maltreatment] NEGLECT has been made [with respect to a child's
custodian in a residential facility];
  4-A.   CONSISTENT WITH  APPLICABLE  COLLECTIVE  BARGAINING  AGREEMENTS
ASSURING THAT AN INDIVIDUAL WHO HAS COMMITTED A CATEGORY ONE OFFENSE, AS
DEFINED  IN  PARAGRAPH  (A)  OF SUBDIVISION FIVE OF SECTION FOUR HUNDRED
NINETY-THREE OF THE SOCIAL SERVICES LAW, THAT IS INCLUDED ON THE VULNER-
ABLE PERSONS' CENTRAL REGISTER IS NOT HIRED OR  OTHERWISE  USED  IN  ANY
POSITION  IN  WHICH  SUCH  INDIVIDUAL WOULD HAVE REGULAR AND SUBSTANTIAL
CONTACT WITH A SERVICE RECIPIENT IN A PROGRAM COVERED BY THIS ARTICLE;
  5. removing a [child] SERVICE RECIPIENT when  it  is  determined  that
there is risk to such [child] PERSON if he or she continues to remain in
a [residential] facility; and
  6. taking appropriate preventive and remedial actions, including legal
action, consistent with appropriate collective bargaining agreements and
applicable  provisions of the civil service law. [Such] THE COMMISSIONER

S. 7400                            46

SHALL ADOPT standards [shall  also  establish]  AS  ESTABLISHED  BY  THE
JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS, that:
  (i)  administrators,  employees,  volunteers  and  consultants receive
training in at least the following: [child] abuse prevention  and  iden-
tification,  safety  and  security  procedures,  the principles of child
development, the characteristics of [children] PERSONS in care and tech-
niques of group [and child] management  including  crisis  intervention,
the  laws, rules and regulations and procedures governing the protection
of [children] VULNERABLE PERSONS from abuse [and maltreatment], NEGLECT,
AND SIGNIFICANT INCIDENTS and other appropriate topics; provided, howev-
er, that [either] THE office may exempt administrators  and  consultants
from  such  requirements  upon demonstration of substantially equivalent
knowledge or experience; and
  (ii) [children] SERVICE RECIPIENTS receive instruction consistent with
their age, needs and circumstances as well  as  the  needs  and  circum-
stances  within  the  facility  or program, in techniques and procedures
that will enable [such children] THEM to ADVOCATE AND protect themselves
from abuse [and maltreatment], NEGLECT, AND SIGNIFICANT INCIDENTS.
  The commissioner, IN CONSULTATION WITH THE EXECUTIVE DIRECTOR  OF  THE
JUSTICE  CENTER  FOR  THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS, shall
take all reasonable and necessary  actions  to  assure  that  employees,
volunteers  or  consultants in [residential care] facilities OPERATED OR
OVERSEEN BY THE OFFICE are kept apprised on a current basis of all poli-
cies and procedures [of the office] relating to the protection of [chil-
dren from abuse and maltreatment,] VULNERABLE PERSONS and shall  monitor
and  supervise the provision of training to such administrators, employ-
ees, volunteers, children and consultants. Standards developed  pursuant
to  this  subdivision  shall, to the extent possible, be consistent with
those promulgated by other state agencies for such purposes.
  (b) The commissioner shall provide necessary assistance to the  [state
commission  on  quality  of care and advocacy for persons with disabili-
ties] JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS  in
the  conduct  of investigations pursuant to [section 45.07 of this chap-
ter] ARTICLE ELEVEN OF THE EXECUTIVE LAW, shall consider its recommenda-
tions for appropriate preventive and  remedial  action  including  legal
actions,  and shall provide or direct a residential facility licensed or
operated by the office of mental health to provide written reports ther-
eon to such [commission] JUSTICE CENTER  as  to  the  implementation  of
plans of prevention and remediation.
  (c) The commissioner shall provide for the development and implementa-
tion  of  a plan of prevention and remediation with respect to [an indi-
cated]  A  SUBSTANTIATED  report  of  [child]  abuse  or  [maltreatment]
NEGLECT.  Such action shall include:
  1. within ten days of receipt of [an indicated] A SUBSTANTIATED report
of  [child] abuse or [maltreatment] NEGLECT, development and implementa-
tion of a plan of prevention and remediation to be taken  [with  respect
to a custodian or residential facility in order] to assure the continued
health,  SAFETY,  and  [safety] WELFARE of [children] SERVICE RECIPIENTS
and to provide for the prevention of future acts of abuse [or  maltreat-
ment] NEGLECT, AND SIGNIFICANT INCIDENTS; and
  2.  development and implementation of a plan of prevention and remedi-
ation, in the event an investigation of  a  report  of  alleged  [child]
abuse  or  [maltreatment]  NEGLECT  determines  that a report of [child]
abuse or [maltreatment] NEGLECT is [indicated]  SUBSTANTIATED  and  such
abuse or [maltreatment] NEGLECT may be attributed in whole or in part to
noncompliance  by  the facility with provisions of this chapter or regu-

S. 7400                            47

lations of the respective [offices] OFFICE applicable to  the  operation
of  such  [residential] facility. Any plan of prevention and remediation
required to be developed pursuant to  this  subdivision  by  a  facility
supervised  by [either] THE office shall be submitted to and approved by
such office in accordance with time  limits  established  by  rules  and
regulations  of  such office.  Implementation of the plan shall be moni-
tored by such office.   In reviewing the continued  qualification  of  a
residential facility or program for an operating certificate, the office
having  supervisory  responsibilities  shall  evaluate  such  facility's
compliance with plans of prevention and remediation  developed  pursuant
to this subdivision.
  S  11.  Subdivision (c) of section 33.02 of the mental hygiene law, as
amended by chapter 168 of the laws  of  2010,  is  amended  to  read  as
follows:
  (c)  The  commissioners  and the facility director shall ensure that a
notice of the rights included in  regulations  promulgated  pursuant  to
this  section  is  posted  in each ward or living area of every hospital
operated or licensed by the office of mental health and  every  develop-
mental center operated by the office for people with developmental disa-
bilities,  and that such notice is provided to every individual resident
of any other residential facility or program operated or licensed by the
respective offices upon admission to  such  facility  or  program,  upon
limitation  on  any  right,  or  at the individual's request. The notice
shall include the address and telephone numbers of  the  office  of  the
facility  director  or  such person's designee responsible for receiving
questions or complaints, the board of visitors if applicable, the mental
hygiene legal service, THE VULNERABLE PERSONS' CENTRAL REGISTER and  the
[commission  on  quality of care and advocacy for persons with disabili-
ties] JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS.
  S 12. Section 33.06 of the mental hygiene law, as amended  by  chapter
37 of the laws of 2011, is amended to read as follows:
S 33.06 Reports  of  abuse  [or  mistreatment], NEGLECT, AND SIGNIFICANT
          INCIDENTS.
  The EXECUTIVE DIRECTOR OF THE JUSTICE CENTER  FOR  THE  PROTECTION  OF
PEOPLE  WITH SPECIAL NEEDS, IN CONSULTATION WITH THE commissioner of the
office of mental health, THE COMMISSIONER OF THE  OFFICE  OF  ALCOHOLISM
AND  SUBSTANCE  ABUSE  SERVICES  and  the commissioner of the office for
people with developmental disabilities  shall  establish  procedures  or
mechanisms  PURSUANT  TO  ARTICLE  ELEVEN  OF THE SOCIAL SERVICES LAW to
receive allegations or complaints of abuse or [mistreatment] NEGLECT of,
AND SIGNIFICANT INCIDENTS INVOLVING, individuals served by agencies  and
providers  licensed  or  operated  by  the offices, including receipt of
anonymous allegations or complaints. [Such mechanisms shall include  the
operation  of  a  toll-free  number.  Allegations or complaints received
shall be evaluated and, if necessary, referred for  appropriate  correc-
tive  action,  consistent  with  laws, regulations and procedures estab-
lished for  the  investigation,  resolution  and  response  to  incident
reports  to ensure the care and safety of all patients. The inability of
the person reporting the  abuse  to  identify  the  alleged  perpetrator
shall,  in  no  circumstance,  constitute  the sole cause to reject such
allegation for investigation  or  fail  to  refer  such  allegation  for
corrective  action.  When  an  allegation  of abuse or maltreatment of a
child is made, the allegation shall be referred to the statewide central
register of  child  abuse  and  maltreatment,  established  pursuant  to
section four hundred twenty-two of the social services law.]

S. 7400                            48

  S  13.  Subdivision (a) of section 33.25 of the mental hygiene law, as
added by chapter 24 of the laws of 2007, is amended to read as follows:
  (a) Records and documents pertaining to allegations and investigations
into patient abuse [or mistreatment], NEGLECT, AND SIGNIFICANT INCIDENTS
at  a  facility,  as  defined in subdivision six of section 1.03 of this
chapter, including but not limited to all complaints  and  reports  made
pursuant  to [subdivision (c) of section 45.07 and section 45.17 of this
title] ARTICLE ELEVEN OF THE SOCIAL SERVICES LAW, shall be released to a
qualified person, as defined in paragraph  six  of  subdivision  (a)  of
section  33.16 of this article, upon a written request by such qualified
person. Such records and documents shall be made available by the appro-
priate office within twenty-one days of the conclusion of  its  investi-
gation,  provided that the names and other personally identifying infor-
mation of other patients and employees shall not be included unless such
patients and employees authorize disclosure.
  S 14. This act shall take effect April 1, 2013.

                                 PART D

  Section 1. Paragraph (a) of subdivision 5 of section 20 of the  social
services  law, as amended by chapter 485 of the laws of 2006, is amended
to read as follows:
  (a) In the case of the death of a child  whose  care  and  custody  or
custody  and  guardianship has been transferred to an authorized agency,
OTHER THAN A VULNERABLE PERSON AS DEFINED  IN  ARTICLE  ELEVEN  OF  THIS
CHAPTER, or the death of a child for whom any local department of social
services  has  an  open child protective services or preventive services
case, or in the case of a report made to the STATEWIDE central  register
OF  CHILD  ABUSE  AND  MALTREATMENT  involving the death of a child, the
office of children and family services shall (i) investigate or  provide
for  an investigation of the cause of and circumstances surrounding such
death, (ii) review such investigation, and (iii)  prepare  and  issue  a
report  on  such  death,  except where a report is issued by an approved
local or regional fatality review team in accordance with  section  four
hundred twenty-two-b of this chapter.
  S  2.  Paragraph  (b)  of  subdivision  5 of section 412 of the social
services law is REPEALED.
  S 2-a. Subdivisions 1, 2 and 4 of section 412 of the  social  services
law,  as amended by chapter 323 of the laws of 2008, are amended to read
as follows:
  1. An "abused child" means[:
  (a)] a child under eighteen years of age [not in  "residential  care,"
as  defined in subdivision four of section four hundred twelve-a of this
title,] and who is defined as an abused child by the family court  act[;
or
  (b)  a  child  under  the  age  of eighteen years who is defined as an
abused child in residential care pursuant to subdivision one of  section
four hundred twelve-a of this title];
  2. A "maltreated child" includes[:
  (a)] a child under eighteen years of age [not in "residential care" as
defined  in  subdivision  four  of section four hundred twelve-a of this
title]:
  [(i)] (A) defined as a neglected child by the family court act, or
  [(ii)] (B) who has had serious physical injury inflicted upon  him  or
her by other than accidental means; [or

S. 7400                            49

  (b) a child who is a neglected child in residential care as defined in
subdivision two of section four hundred twelve-a of this title;]
  4. "Subject of the report" means[: (a)] any parent of, guardian of, or
other  person eighteen years of age or older legally responsible for, as
defined in subdivision (g) of section one thousand twelve of the  family
court  act,  a child reported to the statewide central register of child
abuse and maltreatment who is allegedly responsible for causing  injury,
abuse or maltreatment to such child or who allegedly allows such injury,
abuse or maltreatment to be inflicted on such child; or a director or an
operator  of, or employee or volunteer in, a home operated or supervised
by an authorized agency, the office of children and family services, [or
an office of the department of mental hygiene] or in a  family  day-care
home,  a  day-care  center,  a  group family day care home, a school-age
child care program or a day-services program who is allegedly  responsi-
ble for causing injury, abuse or maltreatment to a child who is reported
to  the statewide central register of child abuse or maltreatment or who
allegedly allows such injury, abuse or maltreatment to be  inflicted  on
such child; [or
  (b)  a subject of a report of an abused or neglected child in residen-
tial care as defined  in  subdivision  eight  of  section  four  hundred
twelve-a of this title;]
  S 2-b. Section 412-a of the social services law is REPEALED.
  S  3.  Paragraphs  (a)  and (c) of subdivision 1 of section 413 of the
social services law, paragraph (a) as amended by chapter 91 of the  laws
of 2011 and paragraph (c) as amended by chapter 366 of the laws of 2008,
are amended to read as follows:
  (a)  The  following  persons  and  officials are required to report or
cause a report to be made in accordance with this title when  they  have
reasonable  cause  to  suspect  that a child coming before them in their
professional or official capacity is an abused or maltreated  child,  or
when  they have reasonable cause to suspect that a child is an abused or
maltreated child where the parent, guardian, custodian or  other  person
legally  responsible  for  such child comes before them in their profes-
sional or official capacity and states from  personal  knowledge  facts,
conditions or circumstances which, if correct, would render the child an
abused  or maltreated child: any physician; registered physician assist-
ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
psychologist; registered nurse; social worker; emergency medical techni-
cian; licensed creative arts therapist;  licensed  marriage  and  family
therapist;  licensed  mental  health  counselor; licensed psychoanalyst;
hospital personnel engaged in the admission, examination, care or treat-
ment of persons; a  Christian  Science  practitioner;  school  official,
which  includes  but  is  not limited to school teacher, school guidance
counselor, school psychologist,  school  social  worker,  school  nurse,
school administrator or other school personnel required to hold a teach-
ing  or  administrative  license or certificate; social services worker;
director of a children's overnight camp, summer day  camp  or  traveling
summer  day  camp, as such camps are defined in section thirteen hundred
ninety-two of the public health law; day care center worker;  school-age
child care worker; provider of family or group family day care; [employ-
ee  or  volunteer in a residential care] AGENT OF A facility OR PROVIDER
AGENCY, AS  defined  in  [subdivision  four  of]  section  four  hundred
[twelve-a]  EIGHTY-EIGHT  of [this title] ARTICLE ELEVEN OF THIS CHAPTER
or any other child care or foster care  worker;  mental  health  profes-
sional;  substance  abuse  counselor;  alcoholism counselor; all persons

S. 7400                            50

credentialed by the office of alcoholism and substance  abuse  services;
peace  officer;  police officer; district attorney or assistant district
attorney; investigator employed in the office of a district attorney; or
other law enforcement official.
  (c) A medical or other public or private institution, school, facility
or  agency shall not take any retaliatory personnel action, as such term
is defined in paragraph (e) of subdivision one of section seven  hundred
forty  of  the  labor  law,  against  an  employee because such employee
believes that he or she has reasonable cause to suspect that a child  is
an abused or maltreated child and that employee therefore makes a report
in  accordance  with  this title. No school, school official, child care
provider, foster care  provider,  residential  care  facility  provider,
hospital, medical institution provider or mental health facility provid-
er  shall  impose  any  conditions,  including  prior  approval or prior
notification, upon a member of  their  staff  specifically  required  to
report  under  this  title. At the time of the making of a report, or at
any time thereafter, such person or official may exercise the  right  to
request,  pursuant  to paragraph (A) of subdivision four of section four
hundred twenty-two of this title, the findings of an investigation  made
pursuant to this title [or section 45.07 of the mental hygiene law].
  S  3-a.  Section 415 of the social services law, as amended by chapter
323 of the laws of 2008, is amended to read as follows:
  S 415. Reporting  procedure.  Reports  of  suspected  child  abuse  or
maltreatment  made  pursuant  to this title shall be made immediately by
telephone or by telephone facsimile machine on a form  supplied  by  the
commissioner of the office of children and family services. Oral reports
shall  be followed by a report in writing within forty-eight hours after
such oral report. Oral reports shall be made to  the  statewide  central
register  of  child  abuse and maltreatment unless the appropriate local
plan for the provision of child protective services provides  that  oral
reports  should  be made to the local child protective service. In those
localities in which oral reports are made initially to the  local  child
protective  service, the child protective service shall immediately make
an oral or electronic report to the statewide central register.  Written
reports  shall be made to the appropriate local child protective service
except that written reports involving children [in residential care,  as
defined  in  subdivision  four  of section four hundred twelve-a of this
title, or] being cared for in  a  home  operated  or  supervised  by  an
authorized  agency[,] OR THE office of children and family services[, or
an office of the department of mental hygiene,] shall  be  made  to  the
statewide  central  register of child abuse and maltreatment which shall
transmit the reports to the agency  responsible  for  investigating  the
report,  in  accordance with [paragraph (a) or (c) of subdivision eleven
of  section  four  hundred   twenty-two   or]   section   four   hundred
twenty-four-b  of  this title[, as applicable]. Written reports shall be
made in a manner prescribed and on forms supplied by the commissioner of
the office of children and family services and shall include the follow-
ing information: the names and addresses of the child  and  his  or  her
parents  or other person responsible for his or her care, if known, and,
as the case may be, the name and address of the [residential care facil-
ity or] program in which the child [resides or] is receiving  care;  the
child's  age,  sex  and race; the nature and extent of the child's inju-
ries, abuse or maltreatment, including any evidence of  prior  injuries,
abuse  or  maltreatment  to the child or, as the case may be, his or her
siblings; the name of the person or persons alleged  to  be  responsible
for causing the injury, abuse or maltreatment, if known; family composi-

S. 7400                            51

tion, where appropriate; the source of the report; the person making the
report  and  where  he  or  she can be reached; the actions taken by the
reporting source,  including  the  taking  of  photographs  and  x-rays,
removal  or  keeping  of  the child or notifying the medical examiner or
coroner; and any other information which the commissioner of the  office
of  children  and  family  services  may, by regulation, require, or the
person making the report believes might be helpful, in  the  furtherance
of  the purposes of this title. Notwithstanding the privileges set forth
in article forty-five of the civil practice law and rules, and any other
provision of law to the contrary, mandated reporters who make  a  report
which  initiates  an  investigation  of  an allegation of child abuse or
maltreatment are required to comply with all requests for  records  made
by a child protective service relating to such report, including records
relating  to diagnosis, prognosis or treatment, and clinical records, of
any patient or client that are essential for  a  full  investigation  of
allegations  of  child  abuse  or  maltreatment  pursuant to this title;
provided, however, that disclosure of substance abuse treatment  records
shall be made pursuant to the standards and procedures for disclosure of
such  records delineated in federal law. Written reports from persons or
officials required by this  title  to  report  shall  be  admissible  in
evidence in any proceedings relating to child abuse or maltreatment.
  S 4. Section 418 of the social services law, as amended by chapter 485
of the laws of 2006, is amended to read as follows:
  S  418. Mandatory reporting to and post-mortem investigation of deaths
by medical examiner or coroner.  Any  person  or  official  required  to
report cases of suspected child abuse or maltreatment, including workers
of  the  local  child  protective service[, as well as an employee of or
official of a state agency responsible for the investigation of a report
of abuse or maltreatment of  a  child  in  residential  care,]  who  has
reasonable cause to suspect that a child died as a result of child abuse
or  maltreatment shall report that fact to the appropriate medical exam-
iner or coroner.   The medical examiner  or  coroner  shall  accept  the
report for investigation and shall issue a preliminary written report of
his  or  her  finding  within  sixty  days  of the date of death, absent
extraordinary circumstances, and his or her final written report prompt-
ly, absent extraordinary circumstances, to the police,  the  appropriate
district  attorney,  the  local  child protective service, the office of
children and family services, and, if the institution making the  report
is  a hospital, the hospital. The office of children and family services
shall promptly provide a copy of the preliminary and  final  reports  to
the statewide central register of child abuse and maltreatment.
  S  5.  The section heading, the opening paragraph and subdivision 1 of
section 421 of the social services law,  the  section  heading  and  the
opening  paragraph  as  amended  by  chapter 718 of the laws of 1986 and
subdivision 1 as amended by chapter 504 of the laws of 1988, are amended
to read as follows:
  Responsibility of the [department]  OFFICE.  The  [department]  OFFICE
shall:  1. in conjunction with local departments, both jointly and indi-
vidually, within  the  appropriation  available,  conduct  a  continuing
publicity  and education program for local department staff, persons and
officials required to report  including  district  attorneys,  assistant
district  attorneys,  police  officers,  peace  officers,  investigators
employed in the office of a district attorney, and any other appropriate
persons to encourage the fullest degree of reporting of suspected  child
abuse  or  maltreatment. Such program shall be developed and implemented
in coordination with those established pursuant to section 31.06 of  the

S. 7400                            52

mental  hygiene  law,  section twenty-eight hundred five-n of the public
health law, section thirty-two  hundred  nine-a  of  the  education  law
[and],  sections  two  hundred fourteen-a and eight hundred forty of the
executive  law  AND  ARTICLE  ELEVEN OF THIS CHAPTER.  The program shall
include but not be limited to responsibilities, obligations  and  powers
under this title and chapter as well as the diagnosis of child abuse and
maltreatment, the procedures of the child protective service, the family
court  and  other duly authorized agencies and the prevention, treatment
and remediation of abuse and maltreatment  of  children  in  residential
care.
  S  6.    Subparagraph (r) of paragraph (A) of subdivision 4 of section
422 of the social services law is REPEALED, and the  opening  paragraph,
subparagraphs  (j), (z) and (aa) and the first undesignated paragraph of
paragraph (A) of subdivision 4 of section 422  of  the  social  services
law,  the opening paragraph, subparagraph (j) and the first undesignated
paragraph of paragraph (A) of subdivision 4 as amended by chapter 12  of
the  laws  of 1996, subparagraph (z) as amended and subparagraph (aa) as
added by chapter 440 of the  laws  of  2011,  are  amended  to  read  as
follows:
  Reports  made  pursuant to this title as well as any other information
obtained, reports written or photographs taken concerning  such  reports
in  the possession of the [department,] OFFICE OR local departments[, or
the commission on quality of care for the mentally disabled,]  shall  be
confidential and shall only be made available to:
  (j) [the state commission on quality of care for the mentally disabled
in  connection  with  an investigation being conducted by the commission
pursuant to article forty-five of the mental hygiene  law]  THE  JUSTICE
CENTER  FOR  THE  PROTECTION  OF PEOPLE WITH SPECIAL NEEDS OR A DELEGATE
INVESTIGATORY ENTITY IN CONNECTION WITH AN INVESTIGATION BEING CONDUCTED
UNDER ARTICLE ELEVEN OF THIS CHAPTER;
  (z) an entity with appropriate legal authority  in  another  state  to
license,  certify  or  otherwise approve prospective foster and adoptive
parents where disclosure of information regarding the prospective foster
or adoptive parents and other persons over the age of eighteen  residing
in  the home of such prospective parents is required by paragraph twenty
of subdivision (a) of section six hundred seventy-one of title forty-two
of the United States code; and
  (aa) a social services official who is investigating whether an  adult
is  in  need of protective services in accordance with the provisions of
section four hundred seventy-three of this chapter, when  such  official
has  reasonable cause to believe such adult may be in need of protective
services due to the conduct of an  individual  or  individuals  who  had
access  to  such adult when such adult was a child and that such reports
and information are needed to further the present investigation.
  After a child, other than a child in residential care, who is reported
to the central register of abuse or  maltreatment  reaches  the  age  of
eighteen  years,  access to a child's record under subparagraphs (a) and
(b) of this paragraph shall be permitted only if a sibling or off-spring
of such child is before such person and is a suspected victim  of  child
abuse  or  maltreatment.  In  addition, a person or official required to
make a report of suspected  child  abuse  or  maltreatment  pursuant  to
section  four  hundred  thirteen  of  this  chapter  shall receive, upon
request, the findings of an investigation made pursuant  to  this  title
[or  section  45.07  of the mental hygiene law]. However, no information
may be released unless the person or official's identity is confirmed by
the [department] OFFICE.  If the request for such  information  is  made

S. 7400                            53

prior  to  the  completion of an investigation of a report, the released
information shall be limited  to  whether  the  report  is  "indicated",
"unfounded"  or "under investigation", whichever the case may be. If the
request for such information is made after the completion of an investi-
gation of a report, the released information shall be limited to whether
the  report  is "indicated" or "unfounded", whichever the case may be. A
person given access to the names or other  information  identifying  the
subjects of the report, or other persons named in the report, except the
subject  of  the  report or other persons named in the report, shall not
divulge or make public such identifying information unless he or she  is
a district attorney or other law enforcement official and the purpose is
to  initiate  court  action or the disclosure is necessary in connection
with the investigation or prosecution of the subject of the report for a
crime alleged to have been committed  by  the  subject  against  another
person  named  in the report. Nothing in this section shall be construed
to permit any release, disclosure or  identification  of  the  names  or
identifying  descriptions  of  persons who have reported suspected child
abuse or maltreatment to the statewide central register or  the  agency,
institution,  organization,  program  or other entity where such persons
are employed or the agency, institution, organization  or  program  with
which  they  are  associated  without  such  persons' written permission
except to persons, officials, and agencies enumerated  in  subparagraphs
(e), (f), (h), (j), (l), (m) and (v) of this paragraph.
  S  7.  The  opening paragraph, subparagraph (iii) of paragraph (a) and
paragraph (b) of subdivision 5 and subdivision 6 of section 422  of  the
social  services law, the opening paragraph, subparagraph (iii) of para-
graph (a) and paragraph (b) of subdivision 5 as amended by  chapter  555
of  the  laws of 2000 and subdivision 6 as amended by chapter 323 of the
laws of 2008, are amended to read as follows:
  Unless an investigation of a report conducted pursuant to  this  title
[or  subdivision  (c) of section 45.07 of the mental hygiene law] deter-
mines that there is some credible  evidence  of  the  alleged  abuse  or
maltreatment, all information identifying the subjects of the report and
other  persons  named in the report shall be legally sealed forthwith by
the central register and any local  child  protective  services  or  the
state  agency  which investigated the report. Such unfounded reports may
only be unsealed and made available:
  (iii) to a local child protective service, the office of children  and
family services, OR all members of a local or regional multidisciplinary
investigative  team[, the commission on quality of care for the mentally
disabled, or the department of mental hygiene,] OR  THE  JUSTICE  CENTER
FOR  THE  PROTECTION  OF  PEOPLE WITH SPECIAL NEEDS when investigating a
subsequent report of suspected abuse, NEGLECT or maltreatment  involving
a  subject  of  the  unfounded  report,  a  child named in the unfounded
report, or a child's sibling named in the unfounded report  PURSUANT  TO
THIS ARTICLE OR ARTICLE ELEVEN OF THIS CHAPTER;
  (b) Persons given access to unfounded reports pursuant to subparagraph
(v)  of  paragraph  (a)  of  this  subdivision shall not redisclose such
reports except as necessary to conduct such appropriate investigation or
prosecution and shall request of the  court  that  any  copies  of  such
reports produced in any court proceeding be redacted to remove the names
of the subjects and other persons named in the reports or that the court
issue  an  order  protecting the names of the subjects and other persons
named in the reports from public disclosure. The local child  protective
service  or state agency shall not indicate the subsequent report solely
based upon the existence of  the  prior  unfounded  report  or  reports.

S. 7400                            54

Notwithstanding  section four hundred fifteen of this title, section one
thousand forty-six of the family court act,  or,  except  as  set  forth
herein,  any other provision of law to the contrary, an unfounded report
shall  not be admissible in any judicial or administrative proceeding or
action; provided, however, an unfounded report may  be  introduced  into
evidence:  (i)  by  the  subject  of  the report where such subject is a
respondent in a proceeding under article ten of the family court act  or
is  a  plaintiff  or petitioner in a civil action or proceeding alleging
the false reporting of child abuse or maltreatment; or (ii) in a  crimi-
nal  court  for  the  purpose  of prosecuting a violation of subdivision
[three] FOUR of section [240.55] 240.50 of the penal law. Legally sealed
unfounded reports shall be expunged ten years after the receipt  of  the
report.  [Whenever the office of children and family services determines
that  there  is  some  credible  evidence  of abuse or maltreatment as a
result of an investigation of a report conducted pursuant to subdivision
(c) of section 45.07 of the mental hygiene law, the office  of  children
and  family  services shall notify the commission on quality of care for
the mentally disabled.]
  6. In all other cases, the record  of  the  report  to  the  statewide
central register shall be expunged ten years after the eighteenth birth-
day of the youngest child named in the report. In the case of a child in
residential care [as defined in subdivision four of section four hundred
twelve-a  of  this  title,]  the  record  of the report to the statewide
central register shall be expunged ten years after the reported  child's
eighteenth  birthday.  In  any case and at any time, the commissioner of
the office of children and family services may  amend  any  record  upon
good  cause  shown  and  notice  to the subjects of the report and other
persons named in the report.
  S 8. Subdivisions 3, 4, 5  and  6  of  section  424-a  of  the  social
services  law,  subdivision  3  as amended by chapter 578 of the laws of
1997, subdivision 4 as amended by chapter  465  of  the  laws  of  1992,
subdivision 5 as added by chapter 677 of the laws of 1985, paragraph (a)
of  subdivision  5  as  amended  by  chapter 634 of the laws of 1988 and
subdivision 6 as amended by chapter 587 of the laws of 1997, are amended
and a new subdivision 7 is added to read as follows:
  3. For purposes of this [chapter]  SECTION,  the  term  "provider"  or
"provider  agency"  shall  mean  an authorized agency, the [division for
youth] OFFICE OF CHILDREN AND FAMILY SERVICES, juvenile detention facil-
ities subject to the certification of such [division]  OFFICE,  programs
established pursuant to article nineteen-H of the executive law, non-re-
sidential  or residential programs or facilities licensed or operated by
the office of mental health or the office [of  mental  retardation  and]
FOR  PERSONS  WITH  developmental disabilities except family care homes,
licensed child day care centers, including head start programs which are
funded pursuant to title V of the federal economic  opportunity  act  of
nineteen  hundred  sixty-four,  as  amended,  early intervention service
established pursuant to section twenty-five hundred forty of the  public
health  law,  preschool  services established pursuant to section forty-
four hundred ten of the education law, school-age child  care  programs,
special  act  school  districts  as  enumerated  in chapter five hundred
sixty-six of the laws  of  nineteen  hundred  sixty-seven,  as  amended,
programs  and  facilities  licensed  by  the  office  of  alcoholism and
substance abuse services [and], residential schools which are  operated,
supervised or approved by the education department, AND ANY OTHER FACIL-
ITY  OR  PROVIDER AGENCY, AS DEFINED IN SUBDIVISION FOUR OF SECTION FOUR
HUNDRED EIGHTY-EIGHT OF THIS CHAPTER, IN REGARD  TO  THE  EMPLOYMENT  OF

S. 7400                            55

STAFF,  OR  USE  OF  PROVIDERS  OF  GOODS AND SERVICES AND STAFF OF SUCH
PROVIDERS, CONSULTANTS, INTERNS AND VOLUNTEERS.
  4. For purposes of this [chapter] SECTION, the term "licensing agency"
shall  mean  an  authorized  agency which has received an application to
become an adoptive parent or an authorized agency which has received  an
application  for  a certificate or license to receive, board or keep any
child pursuant to the provisions of section three hundred seventy-six or
three hundred seventy-seven of this  article  or  an  authorized  agency
which  has  received  an  application  from a relative within the second
degree or third degree of CONSANGUINITY OF the parent of a  child  or  a
relative  within  the  second degree or third degree of CONSANGUINITY OF
the step-parent of a child or children, or the  child's  legal  guardian
for  approval  to  receive, board or keep such child or a state or local
governmental agency which receives an application to provide  child  day
care services in a child day care center, school-age child care program,
family  day  care  home  or  group  family day care home pursuant to the
provisions of section three hundred  ninety  of  this  article,  or  the
department  of  health  AND MENTAL HYGIENE of the city of New York, when
such department receives an application for a certificate of approval to
provide [family] CHILD day care SERVICES IN  A  CHILD  DAY  CARE  CENTER
pursuant  to  the provisions of the health code of the city of New York,
or the office of mental health or the office [of mental retardation and]
FOR PEOPLE WITH developmental disabilities when such office receives  an
application  for  an operating certificate pursuant to the provisions of
the mental hygiene law to operate a family care home  which  will  serve
children,  or  a  state  or  local governmental official who receives an
application for a permit to operate a  camp  which  is  subject  to  the
provisions of article thirteen-A[,] OR thirteen-B [or thirteen-C] of the
public  health  law  or  the [division for youth] OFFICE OF CHILDREN AND
FAMILY SERVICES which has received an application for a  certificate  to
receive,  board  or  keep  any child at a foster family home pursuant to
articles nineteen-G and nineteen-H of the executive  law  OR  ANY  OTHER
FACILITY  OR  PROVIDER AGENCY, AS DEFINED IN SUBDIVISION FOUR OF SECTION
FOUR HUNDRED EIGHTY-EIGHT OF THIS CHAPTER, IN REGARD TO ANY LICENSING OR
CERTIFICATION FUNCTION CARRIED OUT BY SUCH FACILITY OR AGENCY.
  5. (a) The [department] OFFICE OF CHILDREN AND FAMILY SERVICES,  after
consultation  with  the  [division  for  youth, the department of mental
hygiene, the commission on quality of care for  the  mentally  disabled]
JUSTICE  CENTER  FOR  THE  PROTECTION  OF PEOPLE WITH SPECIAL NEEDS, THE
OFFICE OF MENTAL HEALTH, THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL  DISA-
BILITIES,  THE  OFFICE  OF  ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, THE
DEPARTMENT OF HEALTH, and the state education department  shall  develop
[quidelines]  GUIDELINES to be utilized by a provider agency, as defined
by subdivision three of this section, and a licensing agency, as defined
by subdivision four of this section, in evaluating  persons  about  whom
inquiries  are  made to the [department] OFFICE pursuant to this section
who are the subjects of indicated reports of child abuse  and  maltreat-
ment,  as  defined by subdivision four of section four hundred twelve of
this chapter.
  (b) The guidelines developed  pursuant  to  subdivision  one  of  this
section  shall not [supercede] SUPERSEDE similar guidelines developed by
local governmental agencies prior to  January  first,  nineteen  hundred
eighty-six.
  6.  A  child care resource and referral program as defined in subdivi-
sion two of section four hundred ten-p of this article  may  inquire  of
the [department] OFFICE OF CHILDREN AND FAMILY SERVICES and the [depart-

S. 7400                            56

ment]  OFFICE  shall,  upon  receipt  of such inquiry and subject to the
provisions of paragraph (e) of subdivision one of this  section,  inform
such  program and the subject of such inquiry whether any person who has
requested  and  agreed  to be included in a list of substitute child day
care caregivers for  employment  by  registered  or  licensed  day  care
providers  maintained  by  such  program  in accordance with regulations
promulgated by the [department] OFFICE, is the subject of  an  indicated
child  abuse  and maltreatment report on file with the statewide central
register of child abuse and maltreatment. Inquiries made to the [depart-
ment] OFFICE by such programs pursuant to this subdivision shall be made
no more often than once in any six month period and no less  often  than
once in any twelve month period. Notwithstanding any provision of law to
the  contrary, a child care resource and referral program may redisclose
such information only if the purpose of such redisclosure is to  respond
to  a  request for such information by a registered or licensed provider
and only if after an individual included in the list of substitute child
day care caregivers for employment by registered or  licensed  day  care
providers  has consented to be referred for employment to such inquiring
agency. Upon such referral, the provisions related to  notice  and  fair
hearing  rights  of  this  section shall otherwise apply. Inquiries made
pursuant to this subdivision shall be in lieu of  the  inquiry  require-
ments set forth in paragraph (b) of subdivision one of this section.
  7.  ANY  FACILITY,  PROVIDER  AGENCY,  OR  PROGRAM THAT IS REQUIRED TO
CONDUCT AN INQUIRY PURSUANT TO SECTION FOUR HUNDRED NINETY-FIVE OF  THIS
CHAPTER  SHALL FIRST CONDUCT THE INQUIRY REQUIRED UNDER SUCH SECTION. IF
THE RESULT OF THE INQUIRY UNDER SECTION FOUR HUNDRED NINETY-FIVE OF THIS
CHAPTER IS THAT THE PERSON ABOUT WHOM THE INQUIRY  IS  MADE  IS  ON  THE
REGISTER OF SUBSTANTIATED CATEGORY ONE CASES OF ABUSE OR NEGLECT AND THE
FACILITY  OR  PROVIDER  AGENCY  IS  REQUIRED  TO DENY THE APPLICATION IN
ACCORDANCE WITH ARTICLE ELEVEN OF THIS CHAPTER, THE FACILITY OR PROVIDER
AGENCY SHALL NOT BE REQUIRED TO MAKE AN INQUIRY OF THE OFFICE UNDER THIS
SECTION.
  S 8-a. Paragraph (b) and subparagraph (iv) of paragraph (e) of  subdi-
vision  1  and  paragraph  (a)  of subdivision 2 of section 424-a of the
social services law, paragraph (b) of subdivision 1 as amended by  chap-
ter  677  of  the  laws  of  1985, subparagraph (iv) of paragraph (e) of
subdivision 1 as amended by chapter 323 of the laws of 2008,  and  para-
graph  (a)  of  subdivision  2  as amended by chapter 441 of the laws of
1993, are amended to read as follows:
  (b) (i) [A] SUBJECT TO THE PROVISIONS OF  SUBDIVISION  SEVEN  OF  THIS
SECTION,  A provider agency shall inquire of the [department] OFFICE and
the [department] OFFICE shall, subject to the  provisions  of  paragraph
(e)  of  this  subdivision,  inform  such  agency and the subject of the
inquiry whether any person who is actively being considered for  employ-
ment and who will have the potential for regular and substantial contact
with  [children]  INDIVIDUALS  who  are  cared for by the agency, is the
subject of an indicated child abuse and maltreatment report on file with
the statewide central register of child abuse and maltreatment prior  to
permitting such person to have unsupervised contact with [children] SUCH
INDIVIDUALS.  Such agency may inquire of the [department] OFFICE and the
[department] OFFICE shall inform such agency  and  the  subject  of  the
inquiry  whether  any  person  who is currently employed and who has the
potential for regular and substantial contact with  [children]  INDIVID-
UALS  who  are  cared  for by such agency is the subject of an indicated
child abuse and maltreatment report on file with the  statewide  central
register  of  child abuse and maltreatment. A provider agency shall also

S. 7400                            57

inquire of the [department] OFFICE and  the  [department]  OFFICE  shall
inform such agency and the subject of the inquiry whether any person who
is  employed  by  an individual, corporation, partnership or association
which  provides  goods  or services to such agency who has the potential
for regular and substantial contact with [children] INDIVIDUALS who  are
cared  for by the agency, is the subject of an indicated child abuse and
maltreatment report on file with the statewide central register of child
abuse and maltreatment prior to permitting such person to have  unsuper-
vised  contact  with  [children] SUCH INDIVIDUALS. Inquiries made to the
[department] OFFICE pursuant to this subparagraph by a  provider  agency
on  current  employees  shall be made no more often than once in any six
month period.
  (ii) A provider agency may inquire of the [department] OFFICE and  the
[department]  OFFICE  shall, upon receipt of such inquiry and subject to
the provisions of paragraph (e) of this subdivision, inform such  agency
and  the subject of the inquiry whether any person who is to be hired as
a consultant by such agency  who  has  the  potential  for  regular  and
substantial contact with [children] INDIVIDUALS who are cared for by the
agency  is  the  subject  of  an  indicated child abuse and maltreatment
report on file with the statewide central register of  child  abuse  and
maltreatment.
  (iii) A provider agency may inquire of the [department] OFFICE and the
[department]  OFFICE  shall, upon receipt of such inquiry and subject to
the provisions of paragraph (e) of this subdivision, inform such  agency
and  the  subject  of the inquiry whether any person who has volunteered
his or her services to such agency and who will have the  potential  for
regular  and  substantial  contact  with  [children] INDIVIDUALS who are
cared for by the agency, is the subject of an indicated child abuse  and
maltreatment report on file with the statewide central register of child
abuse and maltreatment.
  (iv) The [department] OFFICE shall promulgate regulations which effec-
tuate the provisions of this paragraph.
  (iv) If it is determined after a review by the office [of children and
family  services]  of  all  records,  reports  and  information  in  its
possession concerning the subject of the report that there is  a  [fair]
preponderance of the evidence to find that the subject committed the act
or  acts  of  CHILD  abuse  or [neglect] MALTREATMENT giving rise to the
indicated report, the office [of children  and  family  services]  shall
also  determine  whether  such  act  or acts are relevant and reasonably
related to issues concerning the employment of the subject by a provider
agency or the subject being allowed  to  have  regular  and  substantial
contact  with  [children]  INDIVIDUALS cared for by a provider agency or
the approval or disapproval of an application which has  been  submitted
by  the  subject  to  a  licensing agency, based on guidelines developed
pursuant to subdivision five of this section. If it is  determined  that
such act or acts are not relevant and related to such issues, the office
[of  children and family services] shall be precluded from informing the
provider or licensing agency which made the inquiry to  the  office  [of
children  and  family services] pursuant to this section that the person
about whom the inquiry is made is the subject of an indicated report  of
child abuse or maltreatment.
  (a)  Upon  notification  by the [department] OFFICE or by a child care
resource and referral program in accordance with subdivision six of this
section that any person who has applied to  a  licensing  agency  for  a
license,  certificate  or permit or who seeks to become an employee of a
provider agency, or to accept a child for adoptive placement or who will

S. 7400                            58

be hired as a consultant or used as a volunteer by a provider agency, or
that any other person about whom an inquiry is made to the  [department]
OFFICE  pursuant  to the provisions of this section is the subject of an
indicated  report,  the  licensing or provider agency shall determine on
the basis of information it has available whether to approve such appli-
cation or retain the employee or hire the consultant or use  the  volun-
teer  or  permit an employee of another person, corporation, partnership
or association to have access to the [children] INDIVIDUALS cared for by
the provider agency, provided, however,  that  if  such  application  is
approved,  or such employee is retained or consultant hired or volunteer
used or person permitted to have access to the  children  cared  for  by
such  agency  the  licensing or provider agency shall maintain a written
record, as part of the application file or  employment  record,  of  the
specific  reasons  why  such  person was determined to be appropriate to
receive a foster care or adoption  placement  or  to  provide  day  care
services,  to  be  the  director  of a camp subject to the provisions of
article thirteen-A[,] OR thirteen-B [or thirteen-C] of the public health
law, to be employed, to be retained as an employee, to  be  hired  as  a
consultant,  used  as  a  volunteer  or to have access to the [children]
INDIVIDUALS cared for by the agency.
  S 9. Section 424-b of the social services law, as amended  by  chapter
323 of the laws of 2008, is amended to read as follows:
  S  424-b. Children in the care of certain public and private agencies.
Notwithstanding any inconsistent provisions of law,  when  a  report  of
child  abuse  or maltreatment involves a child being cared for in a home
operated or supervised by an authorized agency[,] OR the office of chil-
dren and family services, [or an office  of  the  department  of  mental
hygiene,]  such report shall be accepted and maintained by the office of
children and family services and shall be referred for the  purposes  of
conducting  an  investigation to the appropriate staff within the office
of children and family  services  [or  the  appropriate  office  of  the
department  of  mental  hygiene,] where the child is in the care of such
agency; and where the child is in a home operated or  supervised  by  an
authorized  agency, to the social services district wherein such home is
located. The [agency] OFFICE or social services district receiving  such
referral  shall undertake an appropriate investigation of the report, in
accordance with the terms and conditions set forth in [subdivisions  one
through  eight of section four hundred twenty-four-c of] this title. Any
person who is alleged to have abused or maltreated a child in  a  report
accepted  and  referred  pursuant  to this section shall be accorded the
procedural rights set forth in section four hundred  twenty-two  and  in
subdivision six of section four hundred twenty-four of this title. Noth-
ing in this section shall impose any duty or responsibility on any child
protective  service  pursuant  to  section four hundred twenty-two, four
hundred twenty-four or any other provision of this article.
  S 10. Subdivision 1 of section 425 of  the  social  services  law,  as
amended  by  chapter  634  of  the  laws  of 1988, is amended to read as
follows:
  1. To effectuate the purposes of  this  title,  the  commissioner  may
request  and  shall  receive from departments, boards, bureaus, or other
agencies of the state, or any of its political subdivisions, or any duly
authorized agency, or any other  agency  providing  services  under  the
local  child  protective  services plan such assistance and data as will
enable the department and local child  protective  services  to  fulfill
their  responsibilities  properly. [In relation to an investigation of a
report of abuse or maltreatment involving a child in  residential  care,

S. 7400                            59

such  data  may include, but need not be limited to, the case records of
the child who allegedly was abused or maltreated and any other child who
allegedly witnessed the  abuse  or  maltreatment  and,  consistent  with
appropriate  collective  bargaining agreements and applicable provisions
of the civil service law, those portions of the employment record of the
subject of the report considered by the subject's employer to  be  rele-
vant and reasonably related to the allegations being investigated by the
department.]  Nothing  contained  in  this  subdivision  shall limit the
department's authority under sections three  hundred  seventy-two,  four
hundred  sixty-c  and four hundred sixty-e of this chapter to access the
records of authorized agencies.
  S 11. Section 426 of the social services law, as  amended  by  chapter
676 of the laws of 1985, is amended to read as follows:
  S 426. Annual reports. The commissioner shall prepare for inclusion in
the  annual  report  required by subdivision (d) of section seventeen of
this chapter to be filed with the governor and the legislature prior  to
December fifteenth of each year, a report on the operations of the state
central  register  of child abuse and maltreatment and the various local
child protective services.  The report shall include a full  statistical
analysis  of  the  reports  made to the central register together with a
report on the implementation of this title, his  OR  HER  evaluation  of
services  offered  under this chapter and his OR HER recommendations for
additional legislation to fulfill  the  purposes  of  this  title.  Such
report shall indicate the number of child abuse and maltreatment reports
and  cases received by the statewide central register of child abuse and
maltreatment by each district in the preceding year, the number of  such
cases  determined  to  have  been indicated and the number of such cases
determined to be unfounded by each district in the preceding  year,  the
number  of  such cases which have not been indicated or unfounded within
the time period required by subdivision seven of  section  four  hundred
twenty-four  of this [chapter] ARTICLE by each district in the preceding
year and the number of workers assigned to the child protective  service
in  each  district in the preceding year. [The report shall also contain
data on the protection of children in residential care  from  abuse  and
maltreatment,  including  reports received, results of investigations by
types of facilities and programs, types of corrective action  taken,  as
well  as    efforts undertaken by the department, the division for youth
and the state education department to provide training pursuant to stan-
dards established by section four hundred  sixty-two  of  this  chapter,
section  five  hundred  one of the executive law and sections forty-four
hundred three, forty-three hundred fourteen, forty-three hundred  fifty-
eight and forty-two hundred twelve of the education law.]
  S  12. Section 460 of the social services law, as added by chapter 669
of the laws of 1977, is amended to read as follows:
  S 460. Declaration of policy and statement of  purpose.    Residential
care programs for adults and children of the highest quality, efficient-
ly  produced and properly utilized at a reasonable cost, are a matter of
vital concern to the people of this state.  In order to more effectively
protect and assure the life, health, safety and comfort  of  adults  and
children who must be cared for away from their own homes, the department
of social services acting directly or through social services districts,
and with the cooperation of other state agencies, shall have the compre-
hensive   responsibility  for  the  development  and  administration  of
programs, standards and methods of operation, and all other  matters  of
state policy, with respect to residential care programs for children and
adults and all facilities and agencies, whether public or private, which

S. 7400                            60

are subject to the provisions of this article.  FOR THE PURPOSES OF THIS
ARTICLE,  WITH  RESPECT  TO  RESIDENTIAL CARE PROGRAMS FOR CHILDREN, THE
TERM "DEPARTMENT" SHALL MEAN THE OFFICE OF CHILDREN AND FAMILY  SERVICES
AND WITH RESPECT TO RESIDENTIAL CARE PROGRAMS FOR ADULTS, THE TERM SHALL
MEAN  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES IN RELATION TO FAMILY
TYPE HOMES FOR ADULTS AND RESIDENTIAL PROGRAMS FOR VICTIMS  OF  DOMESTIC
VIOLENCE,  THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE IN RELATION
TO SHELTERS FOR ADULTS AND SHELTERS FOR FAMILIES; AND THE DEPARTMENT  OF
HEALTH IN RELATION TO ALL OTHER RESIDENTIAL CARE PROGRAMS FOR ADULTS.
  S  13. Subdivision 2-a of section 460-c of the social services law, as
amended by chapter 32 of the laws of 1992 and paragraphs (a) and (b)  as
amended  by  chapter  323  of  the  laws  of 2008, is amended to read as
follows:
  2-a. Special procedures relating to abuse and neglect of [children  in
residential  care] VULNERABLE PERSONS.  (a) If the report of an investi-
gation  of  [child]  abuse  or  [maltreatment]  NEGLECT  is  [indicated]
SUBSTANTIATED  IN  ACCORDANCE  WITH  ARTICLE ELEVEN OF THIS CHAPTER, the
director or operator of a residential facility or program[, including  a
program  described  in paragraph (j) of subdivision four of section four
hundred twelve-a of this chapter,] shall submit to the [office of  chil-
dren  and  family  services]  DEPARTMENT,  within  ten  business days of
receipt of notice of the [indicated]  SUBSTANTIATED  report,  a  written
plan  of  prevention  and  remediation  to  be taken with respect to the
subject of [the indicated] SUCH report to [assure] PROTECT the continued
health [and], safety AND WELFARE of [children]  THE  SERVICE  RECIPIENTS
and provide for the prevention of future acts of abuse or [maltreatment]
NEGLECT.  The  [office of children and family services] DEPARTMENT shall
approve or disapprove such plan and specify necessary  revisions  within
ten days of its receipt and shall monitor its implementation pursuant to
the provisions of this chapter.
  (b) In the event an investigation of a report of alleged [child] abuse
or  [maltreatment]  NEGLECT determines that [some credible] A PREPONDER-
ANCE OF evidence of abuse or  [maltreatment]  NEGLECT  exists  and  such
abuse or [maltreatment] NEGLECT may be attributed in whole or in part to
noncompliance by the facility or program[, including a program described
in paragraph (j) of subdivision four of section four hundred twelve-a of
this  chapter,]  with  provisions  of this chapter or regulations of the
[office of children and family services] DEPARTMENT  applicable  to  the
operation of such residential facility or program, the director or oper-
ator  of  such facility or program shall, in consultation with officials
of the department responsible for the approval of operating certificates
and for monitoring the provision of protective  services  to  [children]
SERVICE  RECIPIENTS,  develop a plan of prevention and remediation which
shall be submitted to and approved by the [office of children and family
services] DEPARTMENT in accordance with time limits established by regu-
lations of the [office of  children  and  family  services]  DEPARTMENT.
Implementation  of  such plan shall be jointly monitored by officials of
the [office of children and family services] DEPARTMENT responsible  for
the  approval of operating certificates and for monitoring the provision
of protective services to [children] SERVICE  RECIPIENTS.  In  reviewing
the  continuing  qualification of a residential [child care] facility or
program for an operating certificate, the [office of children and family
services] DEPARTMENT shall evaluate such facility's or program's compli-
ance with plans of prevention and remediation developed and  implemented
pursuant to this section.

S. 7400                            61

  (c)  Development  and implementation of plans pursuant to this section
shall, to the extent possible, be  coordinated  with  remediation  plans
required by local social services districts.
  S  14. Section 461-m of the social services law, as amended by chapter
462 of the laws of 1996, is amended to read as follows:
  S 461-m. Death and felony crime reporting.  The operator of  an  adult
home  or  residence  for adults shall have an affirmative duty to report
any death, or attempted suicide of a resident to the  department  within
twenty-four  hours of its occurrence, and shall also have an affirmative
duty to report to an appropriate law  enforcement  authority  if  it  is
believed  that a felony crime may have been committed against a resident
of such facility as soon as possible, or in any event within forty-eight
hours.  In addition, the operator shall send  any  reports  involving  a
resident  who  had  at  any time received services from a mental hygiene
service provider to the [state commission on quality  of  care  for  the
mentally  disabled]  JUSTICE  CENTER  FOR  THE PROTECTION OF PEOPLE WITH
SPECIAL NEEDS.
  S 15. Section 461-o of the social services law, as  added  by  chapter
462 of the laws of 1996, is amended to read as follows:
  S  461-o.  Complaint  investigation  procedures.  The department shall
establish  procedures  governing  the  receipt  and   investigation   of
complaints regarding the care afforded to residents of adult care facil-
ities  CONSISTENT  WITH  ARTICLE  ELEVEN OF THIS CHAPTER, AS APPLICABLE.
Such procedures shall assure the  confidentiality  of  the  complainant.
Such  procedures  shall include but not be limited to the procedures for
reporting complaints, either in writing or orally to the department, and
the time frames governing  the  investigation  of  any  such  complaints
submitted  to the department. Provided however, if any complaint alleges
the abuse or neglect of a resident or involves an incident that  exposes
a  resident  to  cruel  or unsafe care or otherwise represents a serious
resident care issue, the department shall ensure that  an  investigation
of any such complaint is initiated immediately and in no event commenced
less  than seventy-two hours from the time such complaint is received by
the department.  Upon the conclusion of the investigation by the depart-
ment the operator and the complainant shall be notified  in  writing  of
the results of such investigation OR, AS APPLICABLE, PURSUANT TO ARTICLE
ELEVEN OF THIS CHAPTER.
  S  16. Section 462 of the social services law, as added by chapter 669
of the laws of 1977, subdivision 1 as amended by chapter 677 of the laws
of 1985, paragraphs (b) and (c) of subdivision 1 as amended  by  chapter
32 of the laws of 1992, paragraph (f) of subdivision 1 as added by chap-
ter  472  of the laws of 2004, paragraph (a) of subdivision 2 as amended
by chapter 800 of the laws of 1985 and paragraph (b) of subdivision 2 as
amended by chapter 558 of the laws  of  1999,  is  amended  to  read  as
follows:
  S  462. Responsibility for standards. 1. (a) The [department of social
services] OFFICE OF CHILDREN AND FAMILY SERVICES shall promulgate  regu-
lations  concerning standards of care and treatment and fiscal, adminis-
trative, nutritional, architectural  and  safety  standards,  consistent
with  the  provisions  of  section  three hundred ninety-eight-a of this
chapter, which shall apply to all facilities exercising care or  custody
of children or providing care or shelter to unmarried mothers.
  (b) With respect to facilities exercising care or custody of children,
no  license or operating certificate shall be provided or renewed unless
it can be demonstrated that such facilities comply with regulations  for
the prevention and remediation of abuse OR NEGLECT and [maltreatment of]

S. 7400                            62

FOR SIGNIFICANT INCIDENTS INVOLVING children in such facilities, includ-
ing procedures for:
  (i)  consistent  with appropriate collective bargaining agreements and
applicable provisions of the civil service law, [the review  and  evalu-
ation  of  the backgrounds of and the information supplied by any person
applying to be an employee,  a  volunteer  or  consultant,  which  shall
include  but  not  be  limited  to  the following requirements: that the
applicant set forth his or her employment history, provide personal  and
employment references, relevant experiential and educational information
and  sign a sworn statement indicating whether the applicant to the best
of his or her knowledge, has ever been convicted  of  a  crime  in  this
state  or  any  other jurisdiction] ASSISTING THE JUSTICE CENTER FOR THE
PROTECTION OF PEOPLE WITH SPECIAL NEEDS WITH ITS REVIEW  AND  EVALUATION
OF  CRIMINAL BACKGROUND CHECKS OF PROSPECTIVE EMPLOYEES, AS SET FORTH IN
SUBDIVISION FIVE OF SECTION FIVE HUNDRED FIFTY-THREE  OF  THE  EXECUTIVE
LAW;
  (ii)  establishing,  for  employees, relevant minimal experiential and
educational  qualifications  consistent  with   appropriate   collective
bargaining  agreements  and  applicable  provisions of the civil service
law;
  (iii) assuring adequate  and  appropriate  supervision  of  employees,
volunteers and consultants;
  (iv) demonstrating by a residential facility or program that appropri-
ate  action  is  taken to assure the safety of the child who is reported
PURSUANT TO ARTICLE ELEVEN OF THIS CHAPTER  to  the  [state]  VULNERABLE
PERSONS'  central  register [of child abuse and maltreatment] as well as
other children in care, immediately upon notification that a  report  of
[child]  abuse or [maltreatment] NEGLECT has been made with respect to a
child in such facility or program;
  (v)  CONSISTENT  WITH  APPLICABLE  COLLECTIVE  BARGAINING  AGREEMENTS,
ASSURING THAT AN INDIVIDUAL WHO HAS COMMITTED A CATEGORY ONE OFFENSE, AS
DEFINED  IN  PARAGRAPH  (A)  OF SUBDIVISION FIVE OF SECTION FOUR HUNDRED
NINETY-THREE OF  THIS  CHAPTER,  THAT  IS  INCLUDED  ON  THE  VULNERABLE
PERSONS' CENTRAL REGISTER IS NOT HIRED OR OTHERWISE USED IN ANY POSITION
IN WHICH SUCH INDIVIDUAL WOULD HAVE REGULAR AND SUBSTANTIAL CONTACT WITH
A  SERVICE  RECIPIENT  IN ANY PROGRAM OPERATED, LICENSED OR CERTIFIED BY
THE OFFICE;
  (VI) removing a child, consistent as applicable with any  court  order
placing  the  child,  when  it  is determined that there is risk to such
child if he or she continues to remain within a facility or program;
  [(vi)] (VII) appropriate preventive and remedial action  to  be  taken
including legal actions, consistent with appropriate collective bargain-
ing agreements and applicable provisions of the civil service law.
  (c)  With respect to facilities exercising care or custody of children
such standards shall establish as a priority that:
  (i) subject to  the  amounts  appropriated  therefor,  administrators,
employees,  volunteers  and consultants receive training in at least the
following: child abuse prevention and identification, safety and securi-
ty procedures, the principles of child development, the  characteristics
of children in care and techniques of group and child management includ-
ing  crisis intervention, the laws, regulations and procedures governing
the protection of children from abuse and  [maltreatment]  NEGLECT,  and
other appropriate topics, provided however, that the [department] OFFICE
may exempt administrators and consultants of such facilities or programs
from  such  requirements  upon demonstration of substantially equivalent
knowledge or experience; and

S. 7400                            63

  (ii) subject to the amounts appropriated  therefor,  children  receive
instruction,  consistent with their age, needs and circumstances as well
as the needs and circumstances within the facility or program, in  tech-
niques  and  procedures  which will enable such children to ADVOCATE FOR
AND protect themselves from abuse and [maltreatment] NEGLECT; and
  (iii)  the  [department]  OFFICE,  IN  CONSULTATION WITH THE EXECUTIVE
DIRECTOR OF THE JUSTICE CENTER FOR PERSONS WITH SPECIAL NEEDS shall take
all reasonable and necessary actions to assure  that  employees,  volun-
teers  and  consultants  in residential care facilities and programs are
kept apprised on a current basis of all [department] OFFICE policies and
procedures relating  to  the  protection  of  children  from  abuse  and
[maltreatment]  NEGLECT AND SIGNIFICANT INCIDENTS, and shall monitor and
supervise the provision of training to such  administrators,  employees,
volunteers, children and consultants.
  (d)  Such  regulations  shall  be developed in consultation with other
state departments and agencies responsible for human  services  programs
including,  but not limited to, the department of education, the depart-
ment of health, [the department of  mental  hygiene,  the  division  for
youth and the board of social welfare,] THE OFFICE OF MENTAL HEALTH, THE
OFFICE  FOR  PEOPLE WITH DEVELOPMENTAL DISABILITIES, THE OFFICE OF ALCO-
HOLISM AND SUBSTANCE ABUSE SERVICES  AND  THE  JUSTICE  CENTER  FOR  THE
PROTECTION  OF PEOPLE WITH SPECIAL NEEDS and shall, to the extent possi-
ble, be consistent with those promulgated by other  state  agencies  for
such purposes.
  (e)  This  subdivision  shall  not  apply to facilities operated by or
certified or licensed to operate by another state agency.
  (f) No residential institution for children as defined in  subdivision
forty-four of section sixteen hundred seventy-six of the public authori-
ties law shall enter into a lease, sub-lease or other agreement with the
dormitory  authority  pursuant  to  subdivision forty of section sixteen
hundred eighty of the public authorities law unless and until:
  (i) the office of children and family services, the  director  of  the
division  of  the  budget and any other state agency which licenses such
residential institutions for children first determines that the  project
is  necessary  to  address  health  and  safety needs of children at the
institution, approve the project cost upon determination that such costs
are reasonable, necessary and cost effective based upon the  application
of cost per square foot guidelines and any other standards applicable to
the type of program or to the clinically-required needs of a specialized
group of children to be served by the project; and
  (ii)  the  office  of children and family services or such other state
agency which licenses such residential institution for children approves
the plans  and  specifications  of  the  residential  facilities  to  be
replaced,  reconstructed,  rehabilitated, improved, renovated, or other-
wise provided for, furnished or equipped.
  2. (a) The [division for youth]  OFFICE  shall  establish  regulations
governing  secure and non-secure detention facilities subject to article
nineteen-G of the executive law and residential facilities  operated  as
approved  runaway  programs  or  transitional independent living support
programs pursuant to article nineteen-H of the executive law.
  (b) The appropriate offices of the state department of mental  hygiene
shall  establish regulations governing all child care facilities subject
to articles [twenty-three,] thirty-one  and  thirty-two  of  the  mental
hygiene law.
  (c)  The  department  of  mental  hygiene and the [division for youth]
OFFICE shall propose any additional standards as are deemed necessary to

S. 7400                            64

adequately ensure the care of children  in  facilities  subject  to  the
inspection  and  supervision of the department, which care for a signif-
icant number of mentally  disabled  children,  juvenile  delinquents  or
persons  in  need  of supervision. The final form of any such additional
standards shall be subject to the approval of the department  of  mental
hygiene  for  such  standards  related  to the care of mentally disabled
children, or the [division for youth] OFFICE for such standards  related
to the care of juvenile delinquents and persons in need of supervision.
  S  17.  This  act  shall take effect April 1, 2013; provided, however,
that the amendments to section 426 of the social services  law  made  by
section  eleven  of this act shall only remain in effect until section 6
of chapter 377 of the laws of 2011, takes effect; provided further, that
effective immediately, the addition, amendment or repeal of any rule  or
regulation necessary for the implementation of this act on its effective
date are authorized to be made and completed on or before such effective
date.

                                 PART E

  Section  1.  Subdivision  5  of  section 1125 of the education law, as
added by chapter 180 of the laws of 2000, is amended to read as follows:
  5. "Educational setting" shall mean the  building  and  grounds  of  a
public school district, the vehicles provided by the school district for
the  transportation  of  students  to  and  from school buildings, field
trips, co-curricular and extra-curricular activities  both  on  and  off
school district grounds, all co-curricular and extra-curricular activity
sites,  and  any other location where direct contact between an employee
or volunteer and a child has allegedly occurred.   SUCH TERM  SHALL  NOT
INCLUDE  A  SPECIAL ACT SCHOOL DISTRICT AS DEFINED IN SECTION FOUR THOU-
SAND ONE OF THIS CHAPTER WHICH SHALL BE SUBJECT TO ARTICLE ELEVEN OF THE
SOCIAL SERVICES LAW.
  S 1-a. Subdivisions (a), (b) and (c) of section 4212 of the  education
law,  as  amended by chapter 32 of the laws of 1992, are amended to read
as follows:
  (a) Promulgate regulations, PURSUANT TO THIS SECTION AND ARTICLE ELEV-
EN OF THE SOCIAL SERVICES LAW, concerning standards for  the  protection
of  children  in  residential care from abuse and [maltreatment] NEGLECT
including procedures for:
  (i) consistent with appropriate collective bargaining  agreements  and
applicable  provisions  of  the civil service law, the review and evalu-
ation of the backgrounds of and the information supplied by  any  person
applying  to  be  an  employee,  a  volunteer or consultant, which shall
include but not be limited  to  the  following  requirements:  that  the
applicant  set forth his or her employment history, provide personal and
employment references, and relevant experiential and educational  infor-
mation,  and sign a sworn statement indicating whether the applicant, to
the best of his or her knowledge, has ever been convicted of a crime  in
this state or any other jurisdiction;
  (ii)  establishing,  for  employees, relevant minimal experiential and
educational  qualifications,  consistent  with  appropriate   collective
bargaining  agreements  and  applicable  provisions of the civil service
law;
  (iii) assuring adequate  and  appropriate  supervision  of  employees,
volunteers and consultants;
  (iv) demonstrating by a residential facility or program that appropri-
ate action is taken to assure the safety of the child who is reported to

S. 7400                            65

the  [state]  VULNERABLE  PERSONS'  central  register IN ACCORDANCE WITH
SECTION FOUR HUNDRED NINETY-TWO OF THE SOCIAL SERVICES LAW  as  well  as
other  children  in care, immediately upon notification that a report of
[child]  abuse or [maltreatment] NEGLECT has been made with respect to a
child in such residential facility or program;
  (v) removing a child when it is determined that there is risk to  such
child  if he or she continues to remain within a residential facility or
program; and
  (vi) appropriate preventive and remedial action to be taken  including
legal  actions, consistent with appropriate collective bargaining agree-
ments and applicable provisions of the civil service law.
  (VII) CONSISTENT WITH  APPLICABLE  COLLECTIVE  BARGAINING  AGREEMENTS,
ASSURING THAT AN INDIVIDUAL WHO HAS COMMITTED A CATEGORY ONE OFFENSE, AS
DEFINED  IN  PARAGRAPH  (A)  OF SUBDIVISION FOUR OF SECTION FOUR HUNDRED
NINETY-THREE OF THE SOCIAL SERVICES LAW, THAT IS INCLUDED ON THE VULNER-
ABLE PERSONS' CENTRAL REGISTER IS NOT HIRED OR  OTHERWISE  USED  IN  ANY
POSITION  IN  WHICH  SUCH  INDIVIDUAL WOULD HAVE REGULAR AND SUBSTANTIAL
CONTACT WITH A SERVICE RECIPIENT IN ANY PROGRAM DESCRIBED  IN  PARAGRAPH
(D)  OF  SUBDIVISION  FOUR  OF  SECTION FOUR HUNDRED EIGHTY-EIGHT OF THE
SOCIAL SERVICES LAW.
  Such standards shall also establish as a priority requirements that:
  (A) subject to  the  amounts  appropriated  therefor,  administrators,
employees,  volunteers  and consultants receive training in at least the
following: child abuse prevention and identification, safety and securi-
ty procedures, the principles of child development, the  characteristics
of children in care and techniques of group and child management includ-
ing  crisis intervention, the laws, regulations and procedures governing
the protection of children from abuse,  NEGLECT  and  maltreatment,  and
other  appropriate  topics,  provided,  however, that the department may
exempt administrators and consultants from such requirements upon demon-
stration of substantially equivalent knowledge or experience; and
  (B) subject to the amounts  appropriated  therefor,  children  receive
instruction,  consistent with their age, needs and circumstances as well
as the needs and circumstances within the  program,  in  techniques  and
procedures  which  will  enable such children to protect themselves from
abuse, NEGLECT and maltreatment.
  The department shall take all  reasonable  and  necessary  actions  to
assure that employees, volunteers and consultants in residential facili-
ties and programs are kept apprised on a current basis of all department
policies  and  procedures  relating  to  the protection of children from
abuse, NEGLECT and maltreatment, and shall  monitor  and  supervise  the
provision  of  training  to  such employees, volunteers and consultants.
Regulations and standards developed pursuant to this subdivision  shall,
to  the  extent  possible, be consistent with those promulgated by other
state agencies for such purposes.
  (b) [Cooperate with the state department of social services to protect
the health and safety of pupils at the school pursuant to title  six  of
article  six of the social services law. Such cooperation shall include:
the making of reports of alleged child abuse or maltreatment;  providing
necessary  assistance  to the state department of social services in the
department's investigation thereof and considering  the  recommendations
of  the  state department of social services for preventive and remedial
action including legal action and  provide  or  direct  the  residential
facility  to  provide  such written reports thereon to the department of
social services as to the implementation  of  plans  of  prevention  and
remediation approved by the department of education; and

S. 7400                            66

  (c)]  Provide  for  the  development  and  implementation of a plan of
prevention and remediation with respect to [an indicated]  A  SUBSTANTI-
ATED  report  of  [child]  abuse or [maltreatment] NEGLECT.  Such action
shall include: (i) within ten  days  of  receipt  of  [an  indicated]  A
SUBSTANTIATED  report of [child] abuse or [maltreatment] NEGLECT, devel-
opment and implementation of a plan of prevention and remediation to  be
taken  with  respect to a custodian or the residential facility in order
to assure the continued health and safety of children and to provide for
the prevention of future acts of abuse or  [maltreatment]  NEGLECT;  and
(ii)  development and implementation of a plan of prevention and remedi-
ation, in the event an investigation of a report of alleged child  abuse
or  [maltreatment]  NEGLECT  determines  that  some credible evidence of
abuse or [maltreatment] NEGLECT exists and such abuse or  [maltreatment]
NEGLECT  may  be  attributed in whole or in part to noncompliance by the
residential facility or program with provisions of this chapter or regu-
lations of the department applicable to the operation of  a  residential
facility  or program. Any plan of prevention and remediation required to
be developed [pursuant to paragraph  (ii)  of  this  subdivision]  by  a
facility supervised by the department shall be submitted to and approved
by  the  department  in accordance with time limits established by regu-
lations of the department. Implementation of the plan shall be monitored
by the department. In reviewing the continued qualifications of a  resi-
dential facility or program for an operating certificate, the department
shall  evaluate  such facility's compliance with plans of prevention and
remediation developed and implemented pursuant to this subdivision.
  S 2. Section 4314 of the education law, as added by chapter 677 of the
laws of 1985, subdivisions (a), (b) and (c) as amended by chapter 32  of
the laws of 1992, is amended to read as follows:
  S 4314. Protection of pupils. The department shall:
  (a)  Promulgate regulations, IN ACCORDANCE WITH THIS SECTION AND ARTI-
CLE ELEVEN OF THE SOCIAL SERVICES  LAW,  concerning  standards  for  the
protection of children in residential care from abuse and [maltreatment]
NEGLECT, including procedures for:
  (i)  consistent  with appropriate collective agreements and applicable
provisions of the civil service law, the review and  evaluation  of  the
backgrounds of and the information supplied by any person applying to be
an  employee,  a volunteer or consultant, which shall include but not be
limited to the following requirements: that the applicant set forth  his
or  her  employment history, provide personal and employment references,
and relevant experiential and educational information, and sign a  sworn
statement  indicating  whether  the applicant, to the best of his or her
knowledge, has ever been convicted of a crime in this state or any other
jurisdiction;
  (ii) establishing for employees,  relevant  minimal  experiential  and
educational   qualifications   consistent  with  appropriate  collective
bargaining agreements and applicable provisions  of  the  civil  service
law;
  (iii)  assuring  adequate  and  appropriate  supervision of employees,
volunteers and consultants;
  (iv) demonstrating by a residential facility or program that appropri-
ate action is taken to assure the safety of the child who is  [reported]
ALLEGED  TO  HAVE  BEEN  ABUSED  OR NEGLECTED IN A REPORT to the [state]
VULNERABLE PERSONS' central register IN  ACCORDANCE  WITH  SECTION  FOUR
HUNDRED  NINETY-TWO OF THE SOCIAL SERVICES LAW as well as other children
in care, immediately upon notification that a report of [child] AN ALLE-

S. 7400                            67

GATION OF abuse or [maltreatment] NEGLECT has been made [with respect to
a child in such residential facility or program];
  (v)  removing a child when it is determined that there is risk to such
child if he or she continues to remain within a residential facility  or
program; and
  (vi)  appropriate preventive and remedial action to be taken including
legal actions, consistent with appropriate collective bargaining  agree-
ments and applicable provisions of the civil service law.
  Such  standards  shall also establish as a priority requirements that:
(1)  subject  to  the  amounts  appropriated  therefor,  administrators,
employees,  volunteers  and consultants receive training in at least the
following:  child abuse prevention and identification, safety and  secu-
rity  procedures,  the  principles  of child development, the character-
istics of children in care and techniques of group and child  management
including  crisis  intervention,  the  laws,  regulations and procedures
governing the protection of children from abuse, NEGLECT  and  maltreat-
ment,  and  other appropriate topics, provided however, that the depart-
ment may exempt administrators and consultants  from  such  requirements
upon  demonstration of substantially equivalent knowledge or experience;
and
  (2) subject to the amounts  appropriated  therefor,  children  receive
instruction,  consistent with their age, needs and circumstances as well
as the needs and circumstances within the facility or program, in  tech-
niques  and  procedures which will enable such children to protect them-
selves from abuse, NEGLECT and maltreatment.
  The department, IN CONSULTATION WITH THE  EXECUTIVE  DIRECTOR  OF  THE
JUSTICE  CENTER  FOR  THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS, shall
take all reasonable and necessary  actions  to  assure  that  employees,
volunteers  and  consultants in residential facilities are kept apprised
on a current basis of all department policies and procedures relating to
the protection of children from  abuse,  NEGLECT  and  maltreatment  and
shall monitor and supervise the provision of training to such employees,
volunteers and consultants. Regulations and standards developed pursuant
to  this section shall, to the extent possible, be consistent with those
promulgated by other state agencies for such purposes;
  (b) [Cooperate with the state department of social services to protect
the health and safety of pupils at the school pursuant to title  six  of
article  six of the social services law. Such cooperation shall include:
the making of reports of alleged child abuse or maltreatment;  providing
necessary  assistance  to the state department of social services in the
department's investigation thereof and considering  the  recommendations
of  the  state department of social services for preventive and remedial
action including legal action and  provide  or  direct  the  residential
facility  to  provide  such written reports thereon to the department of
social services as to the implementation  of  plans  of  prevention  and
remediation approved by the department; and
  (c)]  Provide  for  the  development  and  implementation of a plan of
prevention and remediation with respect to [an indicated]  A  SUBSTANTI-
ATED report of child abuse or [maltreatment] NEGLECT.  Such action shall
include:  (i)  within ten days of receipt of [an indicated] A SUBSTANTI-
ATED report of child abuse or [maltreatment]  NEGLECT,  development  and
implementation  of a plan of prevention and remediation to be taken with
respect to a custodian or the residential facility in  order  to  assure
the  continued  health  and  safety  of  children and to provide for the
prevention of future acts of abuse or [maltreatment] NEGLECT;  and  (ii)
development  and implementation of a plan of prevention and remediation,

S. 7400                            68

in the event an investigation of a report of alleged  [child]  abuse  or
[maltreatment]  NEGLECT  determines that some credible evidence of abuse
or [maltreatment]  NEGLECT  exists  and  such  abuse  or  [maltreatment]
NEGLECT  may  be  attributed in whole or in part to noncompliance by the
residential facility or program with provisions of this chapter or regu-
lations of the department applicable to the operation of  such  residen-
tial  facility  or  program.  Any  plan  of  prevention  and remediation
required to be developed pursuant to [paragraph (ii) of]  this  subdivi-
sion  by  a  facility supervised by the department shall be submitted to
and approved by the department in accordance  with  time  limits  estab-
lished  by  regulations  of  the  department. Implementation of the plan
shall be monitored by the department. In reviewing the continued  quali-
fications  of a residential facility or program for an operating certif-
icate, the department shall evaluate  such  facility's  compliance  with
plans  of  prevention and remediation developed and implemented pursuant
to this subdivision.
  S 3. Section 4358 of the education law, as added by chapter 677 of the
laws of 1985, subdivisions (a), (b) and (c) as amended by chapter 32  of
the laws of 1992, is amended to read as follows:
  S 4358. Protection of pupils.  The department shall:
  (a)  Promulgate regulations concerning standards for the protection of
children in residential care from abuse [and maltreatment]  AND  NEGLECT
IN  ACCORDANCE  WITH  THIS  SECTION  AND  ARTICLE  ELEVEN  OF THE SOCIAL
SERVICES LAW, including procedures for:
  (i) consistent with appropriate collective bargaining  agreements  and
applicable  provisions  of  the civil service law, the review and evalu-
ation of the backgrounds of and the information supplied by  any  person
applying  to  be  an  employee,  a  volunteer or consultant, which shall
include but not be limited  to  the  following  requirements:  that  the
applicant  set forth his or her employment history, provide personal and
employment references and relevant experiential and educational informa-
tion, and sign a sworn statement indicating whether  the  applicant,  to
the  best of his or her knowledge, has ever been convicted of a crime in
this state or any other jurisdiction;
  (ii) establishing, for employees, relevant  minimal  experiential  and
educational   qualifications,  consistent  with  appropriate  collective
bargaining agreements and applicable provisions  of  the  civil  service
law;
  (iii)  assuring  adequate  and  appropriate  supervision of employees,
volunteers and consultants;
  (iv) demonstrating by a residential facility or program that appropri-
ate action is taken to assure the safety of the child who is  [reported]
ALLEGED  TO  HAVE  BEEN  ABUSED  OR NEGLECTED IN A REPORT to the [state]
VULNERABLE PERSONS' central register IN  ACCORDANCE  WITH  SECTION  FOUR
HUNDRED  NINETY-TWO OF THE SOCIAL SERVICES LAW as well as other children
in care, immediately upon notification that a report of [child] AN ALLE-
GATION OF abuse [or maltreatment] OR NEGLECT has been made [with respect
to a child in such facility or program];
  (v) removing a child when it is determined that there is risk to  such
child if he or she continues to remain within a facility or program; and
  (vi)  appropriate preventive and remedial action to be taken including
legal actions, consistent with appropriate collective bargaining  agree-
ments and applicable provisions of the civil service law.
  Such  standards  shall also establish as a priority requirements that:
(A)  subject  to  the  amounts  appropriated  therefor,  administrators,
employees,  volunteers  and consultants receive training in at least the

S. 7400                            69

following: child abuse prevention and identification, safety and securi-
ty procedures, the principles of child development, the  characteristics
of children in care and techniques of group and child management includ-
ing  crisis intervention, the laws, regulations and procedures governing
the protection of children from abuse,  NEGLECT  and  maltreatment,  and
other  appropriate  topics,  provided  however,  that the department may
exempt administrators and consultants from such requirements upon demon-
stration of substantially equivalent knowledge or experience; and
  (B) subject to the amounts  appropriated  therefor,  children  receive
instruction,  consistent with their age, needs and circumstances as well
as the needs and circumstances of the facility, in techniques and proce-
dures which will enable such children to protect themselves from  abuse,
NEGLECT and maltreatment.
  The  department  shall  take  all  reasonable and necessary actions to
assure that employees, volunteers and consultants in residential facili-
ties and programs are kept apprised on a current basis of all department
policies and procedures relating to  the  protection  of  children  from
abuse,  NEGLECT  and  maltreatment  and  shall monitor and supervise the
provision of training to  such  administrators,  employees,  volunteers,
children  and  consultants. Regulations and standards developed pursuant
to this section shall, to the extent possible, be consistent with  those
promulgated by other state agencies for such purposes;
  (b) [Cooperate with the state department of social services to protect
the  health  and safety of pupils at the school pursuant to title six of
article six of the social services law. Such cooperation shall  include:
the  making of reports of alleged child abuse or maltreatment; providing
necessary assistance to the state department of social services  in  the
department's  investigation  thereof and considering the recommendations
of the state department of social services for preventive  and  remedial
action  including  legal  action  and  provide or direct the residential
facility to provide such written reports to  the  department  of  social
services as to the implementation of plans of prevention and remediation
approved by the department; and
  (c)]  Provide  for  the  development  and  implementation of a plan of
prevention and remediation with respect to [an indicated]  A  SUBSTANTI-
ATED  report  of  child  abuse [or maltreatment] OR NEGLECT. Such action
shall include: (i) within ten  days  of  receipt  of  [an  indicated]  A
SUBSTANTIATED report of child abuse [or maltreatment] OR NEGLECT, devel-
opment  and implementation of a plan of prevention and remediation to be
taken with respect to a custodian or the residential facility  in  order
to assure the continued health and safety of children and to provide for
the  prevention  of  future acts of abuse or [maltreatment] NEGLECT; and
(ii) development and implementation of a plan of prevention and  remedi-
ation,  in  the  event  an  investigation of a report of alleged [child]
abuse  [or  maltreatment]  OR  NEGLECT  determines  that  some  credible
evidence of abuse [or maltreatment] OR NEGLECT exists and such abuse [or
maltreatment]  OR  NEGLECT  may  be  attributed  in  whole or in part to
noncompliance by the residential facility or program with provisions  of
this  chapter  or regulations of the department applicable to the opera-
tion of such residential facility or program. Any plan of prevention and
remediation required to be developed pursuant  to  [paragraph  (ii)  of]
this  subdivision  by  a  facility supervised by the department shall be
submitted to and approved by the  department  in  accordance  with  time
limits  established by regulations of the department.  Implementation of
the plan shall be monitored by the department. In reviewing the  contin-
ued qualifications of a residential facility or program for an operating

S. 7400                            70

certificate,  the  department  shall evaluate such facility's compliance
with plans of  prevention  and  remediation  developed  and  implemented
pursuant to this subdivision.
  S  4.  Subdivisions  11,  12,  13,  14, 15, 16, 17, 18, 19 and 19-a of
section 4403 of the education law, subdivisions 11, 12 and 13 as amended
by chapter 32 of the laws of 1992, subdivisions 14, 15 and 16  as  added
by  chapter 53 of the laws of 1986, subdivision 17 as amended by chapter
53 of the laws of 1987, subdivision 18 as added by chapter  428  of  the
laws of 1992, subdivision 19 as added by chapter 600 of the laws of 1994
and  subdivision 19-a as amended by chapter 378 of the laws of 2007, are
amended to read as follows:
  11. To promulgate regulations concerning standards for the  protection
of children in residential care from abuse and [maltreatment] NEGLECT IN
ACCORDANCE  WITH  THIS SECTION AND ARTICLE ELEVEN OF THE SOCIAL SERVICES
LAW, including procedures for:
  (a) consistent with appropriate collective bargaining  agreements  and
applicable  provisions  of  the civil service law, the review and evalu-
ation of the backgrounds of and the information supplied by  any  person
applying  to  be  an  employee,  a  volunteer or consultant, which shall
include but not be limited  to  the  following  requirements:  that  the
applicant  set forth his or her employment history, provide personal and
employment references, and relevant experiential and educational  quali-
fications  and, sign a sworn statement indicating whether the applicant,
to the best of his or her knowledge has ever been convicted of  a  crime
in this state or any other jurisdiction;
  (b)  establishing,  for  employees,  relevant minimal experiential and
educational  qualifications,  consistent  with  appropriate   collective
bargaining  agreements  and  applicable  provisions of the civil service
law;
  (c) assuring adequate and appropriate supervision of employees, volun-
teers and consultants;
  (d) demonstrating by a residential facility or program that  appropri-
ate  action is taken to assure the safety of the child who is [reported]
ALLEGED TO HAVE BEEN ABUSED OR NEGLECTED IN  A  REPORT  to  the  [state]
VULNERABLE  PERSONS'  central  register  IN ACCORDANCE WITH SECTION FOUR
HUNDRED NINETY-TWO OF THE SOCIAL SERVICES LAW as well as other  children
in care, immediately upon notification that a report of [child] AN ALLE-
GATION  OF abuse [or maltreatment] OR NEGLECT has been made with respect
to a child in such residential facility or program;
  (e) removing a child when it is determined that there is risk to  such
child  if he or she continues to remain within a residential facility or
program; and
  (f) appropriate preventive and remedial action to be  taken  including
legal  actions, consistent with appropriate collective bargaining agree-
ments and applicable provisions of the civil service law.
  Such standards shall also establish as a priority requirements that:
  (A) subject to amounts appropriated therefor, administrators,  employ-
ees, volunteers and consultants receive training in at least the follow-
ing:    child  abuse  prevention and identification, safety and security
procedures, the principles of child development, the characteristics  of
children in care, and techniques of group and child management including
crisis  intervention, the laws, regulations and procedures governing the
protection of children from abuse, NEGLECT and maltreatment,  and  other
appropriate  topics,  provided  however,  that the department may exempt
administrators and consultants from such requirements upon demonstration
of substantially equivalent knowledge or experience; and

S. 7400                            71

  (B) subject to the amounts  appropriated  therefor,  children  receive
instruction,  consistent with their age, needs and circumstances as well
as the needs and circumstances within the  program,  in  techniques  and
procedures  which  will enable such children to ADVOCATE FOR AND protect
themselves from abuse [and maltreatment] AND NEGLECT.
  The  department  shall  take  all  reasonable and necessary actions to
assure that employees, volunteers and consultants in residential facili-
ties and programs are kept apprised on a current basis of all department
policies and procedures relating to  the  protection  of  children  from
abuse,  NEGLECT  and  maltreatment  and  shall monitor and supervise the
provision of training to  such  administrators,  employees,  volunteers,
children  and consultants.  Regulations and standards developed pursuant
to this subdivision shall, to the extent possible,  be  consistent  with
those promulgated by other state agencies for such purposes.
  12.  [To  cooperate  with  the state department of social services and
other departments, divisions and agencies of the state when a report  is
received pursuant to title six of article six of the social services law
to  protect  the health and safety of children in residential placement.
Such cooperation shall include: the making of reports of  alleged  child
abuse  or  maltreatment;  providing  necessary  assistance  to the state
department of social services in the department's investigation  thereof
and  considering  the  recommendations of the state department of social
services for preventive and remedial action, including legal action  and
providing  written  reports thereon to the department of social services
as to the implementation of plans of prevention and remediation approved
by the department.
  13.] To provide for the development and implementation of  a  plan  of
prevention  and  remediation with respect to [an indicated] A SUBSTANTI-
ATED report of [child] abuse or [maltreatment]  NEGLECT.    Such  action
shall  include:  (a)  within  ten  days  of  receipt of [an indicated] A
SUBSTANTIATED report of [child] abuse or [maltreatment] NEGLECT,  devel-
opment  and implementation of a plan of prevention and remediation to be
taken with respect to a custodian or the residential facility  in  order
to assure the continued health and safety of children and to provide for
the  prevention  of  future acts of abuse or [maltreatment] NEGLECT; and
(b) development and implementation of a plan of prevention  and  remedi-
ation,  in  the  event  an  investigation of a report of alleged [child]
abuse or [maltreatment] NEGLECT determines that some  credible  evidence
of  abuse  or [maltreatment] NEGLECT exists and such abuse or [maltreat-
ment] NEGLECT may be attributed in whole or in part to noncompliance  by
the  residential  facility or program with provisions of this chapter or
regulations of the department applicable to the operation of such  resi-
dential  facility  or  program.  Any  plan of prevention and remediation
required to be developed pursuant to [paragraph (b) of] this subdivision
by a facility supervised by the department shall  be  submitted  to  and
approved by the department in accordance with time limits established by
regulations of the department. Implementation of the plan shall be moni-
tored  by the department. In reviewing the continued qualifications of a
residential facility  or  program  for  an  operating  certificate,  the
department  shall  evaluate  such  facility's  compliance  with plans of
prevention and remediation developed and implemented  pursuant  to  this
subdivision.
  [14]  13.    To  provide  technical assistance to school districts for
appropriate evaluation and assessment.

S. 7400                            72

  [15] 14.   To provide technical  assistance  to  school  districts  to
assist  in  the adaptation of curriculum for the instruction of children
with handicapping conditions.
  [16]  15.    To  provide  technical  assistance to school districts to
assist in developing criteria for placement  in  special  education  and
criteria  for reviewing the ability of a pupil to participate in regular
education.
  [17] 16.  Commencing with the nineteen  hundred  eighty-seven--eighty-
eight  school year, to provide for instruction during the months of July
and August of students with handicapping conditions  who  have  received
state  appointments  pursuant  to  article  eighty-five, eighty-seven or
eighty-eight of this chapter and whose handicapping conditions,  in  the
judgment  of the commissioner, are severe enough to exhibit the need for
a structured learning environment of twelve months duration to  maintain
developmental  levels,  by  making  such appointments for twelve months;
provided that the initial term of appointment of a student with a handi-
capping condition who is the minimum  age  eligible  for  such  a  state
appointment shall not commence during the months of July or August.
  [18]  17.  To approve the provision of early intervention services, as
defined in section twenty-five hundred forty-one of  the  public  health
law,  by  agencies  which  are approved providers of special services or
programs pursuant to section forty-four  hundred  ten  of  this  article
based  on  such  agency's  compliance with the coordinated standards and
procedures for early intervention services established pursuant to title
II-A of article twenty-five of the public health law and, where applica-
ble, teacher certification requirements.
  [19] 18.  To establish guidelines for determining when a child  is  at
risk  of  a  future  placement  in  a  residential  school,  and for the
provision by committees on special education of information  to  parents
and  other  persons in parental relationship concerning the availability
of community support services to meet  the  needs  of  the  family.  The
guidelines  shall be developed by the department after consultation with
the office of mental health, the office of mental retardation and devel-
opmental disabilities, the office  of  alcoholism  and  substance  abuse
services,  the  department  of health, the department of social services
and the division for youth.
  [19-a] 19.   To adopt  regulations  prescribing  the  state  complaint
procedures  pursuant  to sections 300.151 through 300.153 of title thir-
ty-four of the code of  federal  regulations,  where  an  individual  or
organization files a written complaint alleging that a public agency has
violated part B of the individuals with disabilities education act. Such
regulations shall include, but not be limited to, remedies for denial of
appropriate  services,  including, as appropriate, the awarding of mone-
tary reimbursement, compensatory services  or  other  corrective  action
appropriate to the needs of the child.
  S  5.  Subdivision 2 of section 3650 of the education law, as added by
chapter 18 of the laws of 2007, is amended to read as follows:
  2. The commissioner, in consultation with  the  [state  commission  on
quality  care and advocacy for persons with disabilities] JUSTICE CENTER
FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS, shall promulgate  rules
and regulations requiring every school bus driver operating a school bus
which has or will have one or more students with a disability as passen-
gers  to  receive training and instruction relating to the understanding
of, and attention to, the special needs of such students. Such  training
and  instruction  may  be  included  with  the  training and instruction
required pursuant to paragraph a of subdivision one of this section  and

S. 7400                            73

shall  be  provided  at least once per year or more frequently as deter-
mined by the commissioner in consultation with the  state  comprehensive
school  bus  driver  safety  training  council. For the purposes of this
subdivision,  the  term  "student with a disability" shall have the same
meaning as such term is defined in subdivision one of section forty-four
hundred one of this chapter. Any person employed as a school bus  driver
on  January first, two thousand nine who is subject to the provisions of
this subdivision shall comply with the requirements of this  subdivision
by  July  first,  two  thousand  nine. Any school bus driver hired after
January first, two thousand nine who is subject to the  requirements  of
this  subdivision  shall complete such training and instruction prior to
assuming his or her duties.
  S 6.  Subdivision 4 of section 1229-d of the vehicle and traffic  law,
as  added  by  chapter  181  of  the laws of 2007, is amended to read as
follows:
  (4) The commissioner of education, in  consultation  with  the  [state
commission  on  quality care and advocacy for persons with disabilities]
JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH  SPECIAL  NEEDS,  shall
promulgate rules and regulations requiring that every school bus attend-
ant serving a student or students with a disability receive training and
instruction  relating  to  the  understanding  of  and  attention to the
special needs of such students. Such training  and  instruction  may  be
included with the training and instruction required pursuant to subdivi-
sion  three of this section and shall be provided at least once per year
or more frequently as determined by the  commissioner  of  education  in
consultation  with  the  state  comprehensive  school  bus driver safety
training council.  For  the  purposes  of  this  subdivision,  the  term
"student  with a disability" shall have the same meaning as such term is
defined in subdivision one of section  forty-four  hundred  one  of  the
education  law.  Any person employed as a school bus attendant serving a
student or students with a disability on  January  first,  two  thousand
nine  shall  comply  with  the  requirements of this subdivision by July
first, two thousand nine. Any person  hired  after  January  first,  two
thousand  nine  shall  complete  such  training, instruction and testing
prior to assuming his or her duties as a school bus attendant serving  a
student or students with a disability.
  S 7. This act shall take effect April 1, 2013; provided, however, that
the  amendments  to  subdivision 18 of section 4403 of the education law
made by section four of this act shall not affect  the  repeal  of  such
subdivision  and  shall  be  deemed repealed therewith; provided further
that the amendments to subdivision 19-a of section 4403 of the education
law made by section four of this act shall not affect the expiration  of
such subdivision and shall be deemed to expire therewith.

                                 PART F

  Section 1. Subdivision (a) of section 16.33 of the mental hygiene law,
as  amended  by  chapter  575 of the laws of 2004, is amended to read as
follows:
  (a) Every provider of services who contracts with or  is  approved  or
otherwise  authorized  by  the  office to provide services, except (1) a
department facility, (2) a hospital as defined in  article  twenty-eight
of  the  public  health  law, or (3) a licensed professional under title
eight of the education law who does not have employees or volunteers who
will have regular and substantial unsupervised or unrestricted  physical
contact  with  the  clients  of such provider, and every applicant to be

S. 7400                            74

such a provider of services except (i) a  department  facility,  (ii)  a
hospital as defined in article twenty-eight of the public health law, or
(iii) a licensed professional under title eight of the education law and
who  does  not  have  employees  or volunteers who will have regular and
substantial unsupervised  or  unrestricted  physical  contact  with  the
clients of such provider, shall request that the [office] JUSTICE CENTER
FOR  THE  PROTECTION  OF  PEOPLE WITH SPECIAL NEEDS check, and upon such
request [the office] SUCH JUSTICE CENTER  shall  request  and  shall  be
authorized  to  receive  from  the division of criminal justice services
criminal history information, as such phrase is defined in paragraph (c)
of subdivision one of section eight hundred forty-five-b of  the  execu-
tive  law,  concerning each (A) prospective operator, employee or volun-
teer of such provider who will have regular and substantial unsupervised
or unrestricted physical contact with the clients of such  provider,  or
(B)  other  person over the age of eighteen who is to reside in a family
care home, except any person receiving family care  services,  who  will
have  regular  and  substantial  unsupervised  or  unrestricted physical
contact with the clients of such provider. For purposes of this section,
"operator" shall include any natural person with an  ownership  interest
in the provider of services.
  S  2.  The mental hygiene law is amended by adding a new section 19.20
to read as follows:
S 19.20  REVIEW  OF  CRIMINAL  HISTORY  INFORMATION  CONCERNING  CERTAIN
           PROSPECTIVE  PROVIDERS,  EMPLOYEES,  AND  INDIVIDUALS CREDEN-
           TIALED BY THE OFFICE.
  (A) EVERY PROVIDER OF SERVICES WHO CONTRACTS WITH OR  IS  APPROVED  OR
OTHERWISE  AUTHORIZED  BY  THE  OFFICE TO PROVIDE SERVICES, EXCEPT (1) A
DEPARTMENT FACILITY, (2) A HOSPITAL AS DEFINED IN  ARTICLE  TWENTY-EIGHT
OF  THE  PUBLIC  HEALTH  LAW, OR (3) A LICENSED PROFESSIONAL UNDER TITLE
EIGHT OF THE EDUCATION LAW WHO DOES NOT HAVE EMPLOYEES OR VOLUNTEERS WHO
WILL HAVE REGULAR AND SUBSTANTIAL UNSUPERVISED OR UNRESTRICTED  PHYSICAL
CONTACT  WITH  THE  CLIENTS  OF SUCH PROVIDER, AND EVERY APPLICANT TO BE
SUCH A PROVIDER OF SERVICES EXCEPT (I) A  DEPARTMENT  FACILITY,  (II)  A
HOSPITAL AS DEFINED IN ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, OR
(III) A LICENSED PROFESSIONAL UNDER TITLE EIGHT OF THE EDUCATION LAW WHO
DOES NOT HAVE EMPLOYEES OR VOLUNTEERS WHO WILL HAVE REGULAR AND SUBSTAN-
TIAL  UNSUPERVISED  OR UNRESTRICTED PHYSICAL CONTACT WITH THE CLIENTS OF
SUCH PROVIDER, SHALL REQUEST THAT THE JUSTICE CENTER FOR THE  PROTECTION
OF  PEOPLE  WITH SPECIAL NEEDS CHECK, AND UPON SUCH REQUEST SUCH JUSTICE
CENTER SHALL REQUEST AND SHALL BE AUTHORIZED TO RECEIVE FROM  THE  DIVI-
SION  OF CRIMINAL JUSTICE SERVICES CRIMINAL HISTORY INFORMATION, AS SUCH
PHRASE IS DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE OF  SECTION  EIGHT
HUNDRED  FORTY-FIVE-B  OF THE EXECUTIVE LAW, CONCERNING EACH PROSPECTIVE
OPERATOR, EMPLOYEE OR VOLUNTEER OF SUCH PROVIDER WHO WILL  HAVE  REGULAR
AND  SUBSTANTIAL  UNSUPERVISED OR UNRESTRICTED PHYSICAL CONTACT WITH THE
CLIENTS OF SUCH PROVIDER. FOR PURPOSES OF THIS SECTION, "OPERATOR" SHALL
INCLUDE ANY NATURAL PERSON WITH AN OWNERSHIP INTEREST IN THE PROVIDER OF
SERVICES.
  (B) THE JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS
SHALL BE AUTHORIZED TO REQUEST AND RECEIVE FROM THE DIVISION OF CRIMINAL
JUSTICE SERVICES CRIMINAL HISTORY INFORMATION, AS SUCH PHRASE IS DEFINED
IN  PARAGRAPH  (C)  OF  SUBDIVISION  ONE  OF   SECTION   EIGHT   HUNDRED
FORTY-FIVE-B OF THE EXECUTIVE LAW, FOR EVERY INDIVIDUAL CREDENTIALED, OR
SEEKING  TO  BE  CREDENTIALED, BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE
ABUSE SERVICES TO PROVIDE SUBSTANCE USE DISORDER SERVICES.

S. 7400                            75

  (C) ACCESS TO AND USE OF SUCH INFORMATION SHALL  BE  GOVERNED  BY  THE
PROVISIONS OF SECTION EIGHT HUNDRED FORTY-FIVE-B OF THE EXECUTIVE LAW.
  S  3.  Subdivision  (a) of section 31.35 of the mental hygiene law, as
amended by chapter 575 of the laws  of  2004,  is  amended  to  read  as
follows:
  (a)  Every  provider  of services who contracts with or is approved or
otherwise authorized by the office to provide  services,  except  (1)  a
department  facility,  (2) a hospital as defined in article twenty-eight
of the public health law, or (3) a  licensed  professional  under  title
eight of the education law who does not have employees or volunteers who
will  have regular and substantial unsupervised or unrestricted physical
contact with the clients of such provider, and  every  applicant  to  be
such  a  provider  of  services except (i) a department facility, (ii) a
hospital as defined in article twenty-eight of the public health law, or
(iii) a licensed professional under title eight of the education law who
does not have employees or volunteers who will have regular and substan-
tial unsupervised or unrestricted physical contact with the  clients  of
such  provider,  shall  request that the [office] JUSTICE CENTER FOR THE
PROTECTION OF PEOPLE WITH SPECIAL NEEDS check,  and  upon  such  request
[the  office]  SUCH JUSTICE CENTER shall request and shall be authorized
to receive from the  division  of  criminal  justice  services  criminal
history  information,  as  such  phrase  is  defined in paragraph (c) of
subdivision one of section eight hundred forty-five-b of  the  executive
law, concerning each prospective operator, employee or volunteer of such
provider  who  will  have  regular and substantial unsupervised or unre-
stricted physical  contact  with  the  clients  of  such  provider.  For
purposes  of  this  section, "operator" shall include any natural person
with an ownership interest in the provider of services.
  S 4. Subdivision 1 of section 378-a of the  social  services  law,  as
amended by chapter 7 of the laws of 1999, is amended to read as follows:
  1.  [Subject  to  rules  and  regulations  of the division of criminal
justice services, an] EVERY authorized agency WHICH OPERATES A  RESIDEN-
TIAL PROGRAM FOR CHILDREN AND THE OFFICE OF CHILDREN AND FAMILY SERVICES
shall  [have  access  to  conviction  records  maintained  by  state law
enforcement agencies pertaining to persons who have applied for and  are
under  active  consideration for employment by such authorized agency in
positions where such persons will be engaged directly in  the  care  and
supervision  of  children]  REQUEST  THAT  THE  JUSTICE  CENTER  FOR THE
PROTECTION OF PEOPLE WITH SPECIAL NEEDS CHECK, AND  UPON  SUCH  REQUEST,
SUCH  JUSTICE  CENTER  SHALL  REQUEST AND SHALL BE AUTHORIZED TO RECEIVE
FROM THE DIVISION OF CRIMINAL JUSTICE SERVICES CRIMINAL HISTORY INFORMA-
TION, AS SUCH PHRASE IS DEFINED IN PARAGRAPH (C) OF SUBDIVISION  ONE  OF
SECTION  EIGHT HUNDRED FORTY-FIVE-B OF THE EXECUTIVE LAW CONCERNING EACH
PROSPECTIVE OPERATOR, EMPLOYEE OR VOLUNTEER OF SUCH RESIDENTIAL  PROGRAM
WHO WILL HAVE REGULAR AND SUBSTANTIAL UNSUPERVISED OR UNRESTRICTED PHYS-
ICAL  CONTACT  WITH  CHILDREN  IN SUCH PROGRAM. FOR THE PURPOSES OF THIS
SECTION, "OPERATOR" SHALL INCLUDE ANY NATURAL PERSON WITH  AN  OWNERSHIP
INTEREST  IN THE AUTHORIZED AGENCY. ACCESS TO AND THE USE OF SUCH INFOR-
MATION SHALL BE GOVERNED BY THE  PROVISIONS  OF  SECTION  EIGHT  HUNDRED
FORTY-FIVE-B OF THE EXECUTIVE LAW.
  S 5. Subdivision 2 and paragraph (a) of subdivision 5 of section 845-b
of  the  executive  law,  subdivision 2 as amended by chapter 769 of the
laws of 2005 and paragraph (a) of subdivision 5 as  amended  by  chapter
331 of the laws of 2006, are amended to read as follows:
  2.  Where  a  provider is authorized or required to request a check of
criminal history information by an authorized agency pursuant to section

S. 7400                            76

16.33 [or], 31.35, 19.07 OR 19.20 of the mental hygiene law [or],  arti-
cle  twenty-eight-E  of  the  public  health  law  OR SUBDIVISION ONE OF
SECTION THREE HUNDRED SEVENTY-EIGHT-A OF THE SOCIAL SERVICES  LAW,  such
provider shall proceed pursuant to the provisions of this section and in
a manner consistent with the provisions of article twenty-three-A of the
correction  law, subdivisions fifteen and sixteen of section two hundred
ninety-six of this chapter and all other applicable laws.
  (a) Where the criminal history information concerning a subject  indi-
vidual  reveals  a  felony  conviction  at any time for a sex offense, a
felony conviction within the past ten years  involving  violence,  or  a
conviction  [for endangering the welfare of an incompetent or physically
disabled person] pursuant to section  260.00,  260.10,  260.24,  260.25,
260.32  OR  260.34 of the penal law, and in the case of criminal history
information obtained pursuant to section  twenty-eight  hundred  ninety-
nine-a  of the public health law, where the criminal history information
concerning a subject individual reveals a conviction at any time of  any
class A felony; a conviction within the past ten years of any class B or
C felony, any class D or E felony defined in article one hundred twenty,
one  hundred  thirty,  one  hundred  fifty-five,  one hundred sixty, one
hundred seventy-eight or two hundred twenty of the  penal  law;  or  any
crime  defined  in [sections] SECTION 260.32 or 260.34 of the penal law;
or any comparable offense in  any  other  jurisdiction,  the  authorized
agency  shall  deny  or disapprove the application for or renewal of the
operating certificate, contract, approval,  employment  of  the  subject
individual  or  other  authorization  to provide services, or direct the
provider to deny employment, as applicable, unless the authorized agency
determines, in its discretion,  that  approval  of  the  application  or
renewal  or employment will not in any way jeopardize the health, safety
or welfare of the beneficiaries of such services.
  S 6. This act shall take effect on April 1, 2013;  provided,  however,
that  effective  immediately,  the  addition, amendment or repeal of any
rule or regulation necessary for the implementation of this act  on  its
effective date are authorized to be made and completed on or before such
date.

                                 PART G

  Section  1.  The opening paragraph and subdivision 4 of section 240.50
of the penal law, the opening paragraph as amended by chapter 276 of the
laws of 1973 and subdivision 4 as amended by chapter 400 of the laws  of
2008, are amended to read as follows:
  A  person  is  guilty  of  falsely  reporting an incident in the third
degree when, knowing the information reported, conveyed or circulated to
be false or baseless, he OR SHE:
  4. Reports, by word or action, an alleged occurrence or  condition  of
child  abuse  or maltreatment OR ABUSE OR NEGLECT OF A VULNERABLE PERSON
which did not in fact occur or exist to:
  (a) the statewide central register of child abuse and maltreatment, as
defined in title six of article six of the social services  law  OR  THE
VULNERABLE  PERSONS'  CENTRAL  REGISTER  AS DEFINED IN ARTICLE ELEVEN OF
SUCH LAW, or
  (b) any person required to report cases of suspected  child  abuse  or
maltreatment  pursuant  to subdivision one of section four hundred thir-
teen of the social services law OR TO REPORT CASES OF SUSPECTED ABUSE OR
NEGLECT OF A VULNERABLE PERSON PURSUANT TO SECTION FOUR HUNDRED  NINETY-
ONE  OF  SUCH  LAW,  knowing  that the person is required to report such

S. 7400                            77

cases, and with the intent that such an alleged occurrence  be  reported
to  the statewide central register OR VULNERABLE PERSONS' CENTRAL REGIS-
TER.
  S  2.  Paragraph  (h)  of subdivision 3 of section 130.05 of the penal
law, as amended by chapter 264 of the laws of 2003, is amended and a new
paragraph (i) is added to read as follows:
  (h) a client or patient and the actor is a  health  care  provider  or
mental  health  care  provider  charged with rape in the third degree as
defined in section 130.25, criminal sexual act in the  third  degree  as
defined  in section 130.40, aggravated sexual abuse in the fourth degree
as defined in section 130.65-a, or sexual abuse in the third  degree  as
defined in section 130.55, and the act of sexual conduct occurs during a
treatment session, consultation, interview, or examination[.]; OR
  (I)  A  RESIDENT  OR  INPATIENT  OF  A  RESIDENTIAL FACILITY OPERATED,
LICENSED OR CERTIFIED BY (I) THE  OFFICE  OF  MENTAL  HEALTH;  (II)  THE
OFFICE  FOR  PEOPLE WITH DEVELOPMENTAL DISABILITIES; OR (III) THE OFFICE
OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES, AND THE ACTOR IS AN EMPLOYEE
OF THE FACILITY. FOR PURPOSES OF THIS PARAGRAPH, "EMPLOYEE" MEANS EITHER
AN EMPLOYEE OF  THE  AGENCY  OPERATING  THE  RESIDENTIAL  FACILITY,  WHO
PROVIDES  DIRECT  CARE  SERVICES,  CASE  MANAGEMENT SERVICES, MEDICAL OR
OTHER CLINICAL SERVICES, HABILITATIVE SERVICES OR DIRECT SUPERVISION  OF
THE RESIDENTS IN THE FACILITY IN WHICH THE RESIDENT RESIDES; OR OFFICERS
OR  OTHER EMPLOYEES, CONSULTANTS, CONTRACTORS OR VOLUNTEERS OF THE RESI-
DENTIAL FACILITY, WHO KNOW OR REASONABLY SHOULD KNOW THAT THE PERSON  IS
A  RESIDENT  OF  SUCH  FACILITY; PROVIDED, HOWEVER, "EMPLOYEE" SHALL NOT
INCLUDE A PERSON WITH A DEVELOPMENTAL DISABILITY WHO IS OR WAS RECEIVING
SERVICES AND IS ALSO AN EMPLOYEE OF A SERVICE PROVIDER AND WHO HAS SEXU-
AL CONTACT WITH ANOTHER SERVICE RECIPIENT WHO IS A CONSENTING ADULT  WHO
HAS CONSENTED TO SUCH CONTACT.
  S  3.  The penal law is amended by adding a new section 260.24 to read
as follows:
S 260.24 ENDANGERING THE WELFARE OF AN INCOMPETENT OR  PHYSICALLY  DISA-
           BLED PERSON IN THE SECOND DEGREE.
  A  PERSON  IS  GUILTY  OF ENDANGERING THE WELFARE OF AN INCOMPETENT OR
PHYSICALLY DISABLED PERSON IN THE SECOND DEGREE WHEN HE OR SHE RECKLESS-
LY ENGAGES IN CONDUCT WHICH IS LIKELY TO BE INJURIOUS TO  THE  PHYSICAL,
MENTAL OR MORAL WELFARE OF A PERSON WHO IS UNABLE TO CARE FOR HIMSELF OR
HERSELF BECAUSE OF PHYSICAL DISABILITY, MENTAL DISEASE OR DEFECT.
  ENDANGERING  THE  WELFARE  OF  AN  INCOMPETENT  OR PHYSICALLY DISABLED
PERSON IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
  S 4. Section 260.25 of the penal law, as amended by chapter 381 of the
laws of 1998, is amended to read as follows:
S 260.25  Endangering the welfare of an incompetent or physically  disa-
             bled person IN THE FIRST DEGREE.
  A  person  is  guilty  of endangering the welfare of an incompetent or
physically disabled person IN THE FIRST DEGREE when he knowingly acts in
a manner likely to be injurious to the physical, mental or moral welfare
of a person who is unable to care for  himself  or  herself  because  of
physical disability, mental disease or defect.
  Endangering  the  welfare  of  an  incompetent  or physically disabled
person IN THE FIRST DEGREE is a class [A misdemeanor] E FELONY.
  S 5. The closing paragraph of section 260.32  of  the  penal  law,  as
amended  by  chapter  14  of  the  laws  of  2010, is amended to read as
follows:

S. 7400                            78

  Endangering the welfare of a vulnerable elderly person, or an incompe-
tent or physically disabled person in the second degree is a class [E] D
felony.
  S  6.  The  closing  paragraph  of section 260.34 of the penal law, as
amended by chapter 14 of the  laws  of  2010,  is  amended  to  read  as
follows:
  Endangering the welfare of a vulnerable elderly person, or an incompe-
tent  or physically disabled person in the first degree is a class [D] C
felony.
  S 7. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

                                 PART H

  Section  1.  Chapter  606  of  the  laws  of 2011, amending the mental
hygiene law  relating  to  creating  an  abuse  prevention  notification
system, is REPEALED.
  S  2.  Chapter 6 of the laws of 2012, amending chapter 606 of the laws
of 2011, amending the mental hygiene law relating to creating  an  abuse
prevention notification system, is REPEALED.
  S 3. This act shall take effect April 1, 2013.
  S 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 4. This act shall take effect immediately  provided,  however,  that
the  applicable effective date of Parts A through H of this act shall be
as specifically set forth in the last section of such Parts.

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