senate Bill S4861

Amended

Makes technical corrections to provisions of law relating to the protection of people with special needs

download pdf

Sponsor

Bill Status


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

actions

  • 26 / Apr / 2013
    • REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 08 / May / 2013
    • 1ST REPORT CAL.597
  • 20 / May / 2013
    • 2ND REPORT CAL.
  • 21 / May / 2013
    • ADVANCED TO THIRD READING
  • 10 / Jun / 2013
    • AMENDED ON THIRD READING 4861A
  • 18 / Jun / 2013
    • SUBSTITUTED BY A7904

Summary

Makes technical corrections to provisions of law relating to the protection of people with special needs.

do you support this bill?

Bill Details

Versions:
S4861
S4861A
Legislative Cycle:
2013-2014
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §31.35, Ment Hyg L; amd §488, Soc Serv L

Votes

Sponsor Memo

BILL NUMBER:S4861

TITLE OF BILL: An act to amend the mental hygiene law and the social
services law, in relation to making technical changes to the protection
of people with special needs act

Purpose of Bill:

This bill would amend the Mental Hygiene Law and the Social Services Law
to make technical corrections to the Protection of People with Special
Needs Act.

Summary of Provisions:

Section one of the bill would amend Mental Hygiene Law § 31.35(a) to
make a technical correction to refer to the Justice Center for the
Protection of People with Special Needs (Justice Center) instead of the
Office of Mental Health (OMH).

Section two of the bill would amend Social Services Law § 488(4)(e) to
remove a mistaken reference to schools accepting students pursuant to
emergency interim placements, because these placements are in out-of-
state schools, for which there are different reporting requirements, as
set forth in Social Services Law § 490(5).

Section three of the bill provides that it shall take effect on the same
date as the Protection of People with Special Needs Act (Chapter 501 of
the Laws of 2012) becomes effective.

Existing Law:

The Protection of People with Special Needs Act amended Mental Hygiene
Law §16.33 to make the Justice Center, rather than Office for People
with Developmental Disabilities (OPWDD), responsible for requesting and
receiving criminal history information from the Division of Criminal
Justice Services for conducting the statutorily required criminal histo-
ry background checks for prospective operators, employees and volunteers
of facilities or providers under the jurisdiction of OPWDD. A corre-
sponding change was not made to Mental Hygiene Law § 31.35, for prospec-
tive operators, employees and volunteers of providers of services
authorized by OMH.

The definition of a "facility" or "provider agency" in Social Services
Law § 488(4), for purposes of reporting incidents to the Vulnerable
Persons Central Register, includes certain private schools that have a
residential program and provide special education services or programs.
Social Services Law § 490(5) sets forth different reporting requirements
for out-of-state schools.

Prior Legislative History:

This is a new bill.

Statement in Support:

One aspect of the Protection of People with Special Needs Act was to
consolidate certain criminal history information check functions
currently performed by OMH, OPWDD and the Office of Children and Family
Services within the Justice Center. Therefore, the requirement in Mental
Hygiene Law § 16.33 for OPWDD to perform these background check func-
tions was changed to require the Justice Center to perform these func-
tions. A parallel reference in Mental Hygiene Law § 31.35 that required
OMH to perform these functions was not similarly amended. This bill
would correct this oversight so that the Justice Center would be
required to perform these functions.

The State Education Department has determined that the reference to
schools accepting students pursuant to emergency interim placements is
mistakenly included in the definition of facilities or providers
contained in Social Services Law § 488(4). Emergency interim placements
are out-of-state residential placements and the specific reporting
requirements for out-of-state residential placements are contained in
Social Services Law § 490(5), and not the general reporting requirements
for in-state facilities and providers to which the definitions in
section 488(4) apply. This bill would remove that mistaken reference in
order to prevent army confusion among out-of-state schools concerning
their reporting requirements.

Budget Implications:

None.

Effective Date:

This bill would take effect on the same day and in the same manner as
the Protection of People with Special Needs Act (Chapter 501 of the laws
of 2012) takes effect.

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

                                  4861

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 26, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- (at request of the Commission on Quality
  of Care and Advocacy for Persons with Disabilities) -- read twice  and
  ordered  printed, and when printed to be committed to the Committee on
  Mental Health and Developmental Disabilities

AN ACT to amend the mental hygiene law and the social services  law,  in
  relation  to making technical changes to the protection of people with
  special needs act

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

  Section 1. 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09487-02-3

S. 4861                             2

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  2.  Paragraph  (e)  of  subdivision  4 of section 488 of the social
services law, as added by section 1 of part B of chapter 501 of the laws
of 2012, is amended to read as follows:
  (e) 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,
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].
  S 3. This act shall take effect on the  same  date  and  in  the  same
manner  as  part A of chapter 501 of the laws of 2012, as amended, takes
effect, provided that section two of this act shall take effect  on  the
same date and in the same manner as part B of chapter 501 of the laws of
2012, as amended, takes effect.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.