LBD15632-01-4
S. 7885 2
determines that [some credible] A PREPONDERANCE OF THE evidence of such
[reportable incident] ALLEGATION exists and such [reportable incident]
SUBSTANTIATED ALLEGATION 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 a residential facility or program. Any plan of prevention and
remediation required to be developed 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 depart-
ment. Implementation of the plan shall be monitored 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.
S 3. Subdivision (b) of section 4314 of the education law, as amended
by section 2 of part E of chapter 501 of the laws of 2012, is amended
and a new paragraph (vii) is added to subdivision (a) to read as
follows:
(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
(E) OF SUBDIVISION FOUR OF SECTION FOUR HUNDRED EIGHTY-EIGHT OF THE
SOCIAL SERVICES LAW.
(b) Provide for the development and implementation of a plan of
prevention and remediation with respect to a substantiated report of [a
reportable incident] ABUSE OR NEGLECT. Such action shall include: (i)
within ten days of receipt of such a SUBSTANTIATED report [of a report-
able incident], development and implementation of a plan of prevention
and remediation to be taken with respect to a custodian or the residen-
tial facility in order to assure the continued health and safety of
children and to provide for the prevention of future acts constituting
reportable incidents; and (ii) development and implementation of a plan
of prevention and remediation, in the event an investigation of a report
of an [alleged reportable incident] ALLEGATION OF ABUSE OR NEGLECT
determines that [some credible] A PREPONDERANCE OF THE evidence of such
[reportable incident] ALLEGATION exists and such [reportable incident]
SUBSTANTIATED ALLEGATION 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 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 4. Subdivision (b) of section 4358 of the education law, as amended
by section 3 of part E of chapter 501 of the laws of 2012, is amended
and a new paragraph (vii) is added to subdivision (a) to read as
follows:
S. 7885 3
(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
(E) OF SUBDIVISION FOUR OF SECTION FOUR HUNDRED EIGHTY-EIGHT OF THE
SOCIAL SERVICES LAW.
(b) Provide for the development and implementation of a plan of
prevention and remediation with respect to a substantiated report of [a
reportable incident] ABUSE OR NEGLECT. Such action shall include: (i)
within ten days of receipt of such a SUBSTANTIATED report [of a report-
able incident], development and implementation of a plan of prevention
and remediation to be taken with respect to a custodian or the residen-
tial facility in order to assure the continued health and safety of
children and to provide for the prevention of future acts constituting
reportable incidents; and (ii) development and implementation of a plan
of prevention and remediation, in the event an investigation of a report
of an [alleged reportable incident] ALLEGATION OF ABUSE OR NEGLECT
determines that [some credible] A PREPONDERANCE OF THE evidence of such
[reportable incident] ALLEGATION exists and such [reportable incident]
SUBSTANTIATED ALLEGATION 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 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 5. Subdivision 12 of section 4403 of the education law, as amended
by section 4 of part E of chapter 501 of the laws of 2012, is amended
and a new paragraph (g) is added to subdivision 11 to read as follows:
(G) 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
(E) OF SUBDIVISION FOUR OF SECTION FOUR HUNDRED EIGHTY-EIGHT OF THE
SOCIAL SERVICES LAW.
12. To provide for the development and implementation of a plan of
prevention and remediation with respect to a substantiated report of [a
reportable incident] ABUSE OR NEGLECT. Such action shall include: (a)
within ten days of receipt of SUCH a substantiated report [of a report-
able incident], development and implementation of a plan of prevention
and remediation to be taken with respect to a custodian or the residen-
tial facility in order to assure the continued health and safety of
children and to provide for the prevention of future acts constituting
reportable incidents; and (b) development and implementation of a plan
of prevention and remediation, in the event an investigation of [a
S. 7885 4
report of an alleged reportable incident] AN ALLEGATION OF ABUSE OR
NEGLECT determines that [some credible] A PREPONDERANCE OF THE evidence
of such [reportable incident] ALLEGATION exists and such [reportable
incident] SUBSTANTIATED ALLEGATION 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 oper-
ation of such residential facility or program. Any plan of prevention
and remediation required to be developed pursuant to 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.
S 6. Paragraph (a) of subdivision 1 of section 413 of the social
services law, as amended by chapter 554 of the laws of 2013, is 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;
licensed behavior analyst; certified behavior analyst assistant; hospi-
tal personnel engaged in the admission, examination, care or treatment
of persons; a Christian Science practitioner; school official, which
includes but is not limited to school teacher, school guidance counse-
lor, 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; 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; EMPLOYEE OR VOLUN-
TEER IN A RESIDENTIAL CARE FACILITY FOR CHILDREN THAT IS LICENSED,
CERTIFIED OR OPERATED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES; or
any other child care or foster care worker; mental health professional;
substance abuse counselor; alcoholism counselor; all persons creden-
tialed by the office of alcoholism and substance abuse services; peace
officer; police officer; district attorney or assistant district attor-
ney; investigator employed in the office of a district attorney; or
other law enforcement official.
S 7. Paragraph (a) of subdivision 1 of section 424-a of the social
services law, as amended by chapter 634 of the laws of 1988, is amended
to read as follows:
S. 7885 5
(a) A licensing agency shall inquire of the department and the depart-
ment shall, subject to the provisions of paragraph (e) of this subdivi-
sion, inform such agency and the subject of the inquiry whether an
applicant for a certificate, license or permit, assistants to group
family day care providers, the director of a camp subject to the
provisions of article [thirteen-A,] thirteen-B [or thirteen-C] of the
public health law, and any person over the age of eighteen who resides
in the home of a person who has applied to become an adoptive parent or
a foster parent or to operate a family day care home or group family day
care home has been or is currently the subject of an indicated child
abuse and maltreatment report on file with the statewide central regis-
ter of child abuse and maltreatment.
S 8. Paragraph (a) of subdivision 2 of section 424-a of the social
services law, as amended by section 8-a of part D of chapter 501 of the
laws of 2012, is amended to read as follows:
(a) Upon notification by the 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, certif-
icate or permit or who seeks to become an employee of a provider agency,
or to accept a child for adoptive placement or who will 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 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 application or retain the
employee or hire the consultant or use the volunteer or permit an
employee of another person, corporation, partnership or association to
have access to the individuals cared for by the provider agency,
provided, however, that if such application is approved, or such employ-
ee 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 applica-
tion 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 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
individuals cared for by the agency.
S 9. Subdivision 4 of section 424-a of the social services law, as
amended by section 8 of part D of chapter 501 of the laws of 2012, is
amended to read as follows:
4. For purposes of this 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 applica-
tion 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
S. 7885 6
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 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 for people with developmental disabili-
ties when such office receives an application for an operating certif-
icate 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 oper-
ate a camp which is subject to the provisions of article [thirteen-A or]
thirteen-B of the public health law or the 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 certif-
ication function carried out by such facility or agency.
S 10. Subdivision 2 of section 425 of the social services law, as
added by chapter 677 of the laws of 1985, is amended to read as follows:
2. The department, after consultation with the division for youth, the
division of criminal justice services, the department of mental hygiene,
the commission on quality of care for the mentally disabled and the
state education department shall develop guidelines to be utilized by
appropriate state and local governmental agencies and authorized agen-
cies as defined by subdivision ten of section three hundred seventy-one
of this [chapter] ARTICLE which have responsibility for the care and
protection of children, in evaluating persons who have a criminal
conviction record and who have applied to such agencies or provider
agencies, as defined in subdivision three of section four hundred twen-
ty-four-a of this [chapter] TITLE for employment or who have applied to
such state agencies or licensing agency as defined in subdivision four
of section four hundred twenty-four-a of this [chapter] TITLE, for a
license, certificate, permit or approval to be an adoptive parent,
provider of day care services in a day care center, family day care home
or group family day care home, an operator of a camp subject to the
provisions of article [thirteen-A,] thirteen-B [or thirteen-C] of the
public health law, or an operator of a foster family home subject to the
provisions of subdivision seven of section five hundred one, section
five hundred two or subdivision three of section five hundred thirty-
two-a[,] of the executive law or section three hundred seventy-six and
three hundred seventy-seven of [the social services law] THIS ARTICLE.
S 11. Paragraph (d) 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:
(d) ANY overnight, summer day and traveling summer day camps for chil-
dren with developmental disabilities as defined in regulations promul-
gated by the commissioner of health; or
S 12. Subdivision 4 of section 491 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:
4. A medical or other public or private institution, state agency,
school, facility or provider agency OR ITS VENDORS OR CONTRACTORS 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 or agent OR VENDOR OR CONTRACTOR because
S. 7885 7
such employee or agent OR VENDOR OR CONTRACTOR believes that he or she
has reasonable cause to suspect that a vulnerable person has been
subjected to a reportable incident and that employee or agent OR VENDOR
OR CONTRACTOR therefore makes a report in accordance with this section
AND/OR COOPERATED WITH THE INVESTIGATION OF A REPORTABLE INCIDENT. A
court of competent jurisdiction may grant injunctive relief to any
person determined to have been subjected to such retaliation.
S 13. This act shall take effect immediately; provided, however, that
if section 12 of chapter 554 of the laws of 2013 shall not have taken
effect on or before such date then section six of this act shall take
effect on the same date and in the same manner as such chapter of the
laws of 2013 takes effect.
