S T A T E O F N E W Y O R K
________________________________________________________________________
7904
2013-2014 Regular Sessions
I N A S S E M B L Y
June 7, 2013
___________
Introduced by M. of A. GUNTHER -- (at request of the Commission on Qual-
ity of Care and Advocacy for Persons with Disabilities) -- read once
and referred to the Committee on Mental Health
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 OF MENTAL HEALTH 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 unre-
stricted 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 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 executive law, concerning each prospective operator,
employee or volunteer of such provider who will have regular and
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09487-05-3
A. 7904 2
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. 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. Subdivision 1 of section 378-a of the social services law, as
amended by section 4 of part F of chapter 501 of the laws of 2012, is
amended and a new subdivision 1-a is added to read as follows:
1. Every authorized agency which operates a residential program for
children LICENSED OR CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES, and the office of children and family services IN RELATION TO
ANY JUVENILE JUSTICE PROGRAM IT OPERATES, 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 division of criminal justice services AND THE FEDER-
AL BUREAU OF INVESTIGATION 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 A residential program who will have regu-
lar and substantial unsupervised or unrestricted physical 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 information shall be
governed by the provisions of section eight hundred forty-five-b of the
executive law.
1-A. EXCLUDING THE AUTHORIZED AGENCIES AUTHORIZED TO REQUEST AND
RECEIVE CRIMINAL HISTORY INFORMATION PURSUANT TO SUBDIVISION ONE OF THIS
SECTION, AND SUBJECT TO THE RULES AND REGULATIONS OF THE DIVISION OF
CRIMINAL JUSTICE SERVICES, AN AUTHORIZED AGENCY DEFINED IN SUBDIVISION
TEN OF SECTION THREE HUNDRED SEVENTY-ONE OF THIS TITLE SHALL HAVE ACCESS
TO 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, PERTAINING TO PERSONS WHO HAVE APPLIED FOR AND ARE UNDER
ACTIVE CONSIDERATION FOR EMPLOYMENT BY SUCH AUTHORIZED AGENCY IN POSI-
TIONS WHERE SUCH PERSONS WILL HAVE THE POTENTIAL FOR REGULAR AND
SUBSTANTIAL UNSUPERVISED AND UNRESTRICTED PHYSICAL CONTACT WITH CHILDREN
IN THE PROGRAM. UPON RECEIPT OF SUCH CRIMINAL HISTORY INFORMATION, THE
AUTHORIZED AGENCY SHALL PROVIDE THE PROSPECTIVE EMPLOYEE WITH A COPY OF
SUCH CRIMINAL HISTORY INFORMATION AND A COPY OF ARTICLE TWENTY-THREE-A
OF THE CORRECTION LAW AND INFORM SUCH PROSPECTIVE EMPLOYEE OF HIS OR HER
RIGHT TO SEEK CORRECTION OF ANY INCORRECT INFORMATION CONTAINED IN SUCH
A. 7904 3
CRIMINAL HISTORY INFORMATION PURSUANT TO THE REGULATIONS AND PROCEDURES
ESTABLISHED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES. THE AUTHORIZED
AGENCY SHALL DESIGNATE ONE OR TWO PERSONS IN ITS EMPLOY WHO SHALL BE
AUTHORIZED TO REQUEST, RECEIVE AND REVIEW THE CRIMINAL HISTORY INFORMA-
TION PURSUANT TO THIS SUBDIVISION, AND ONLY SUCH PERSONS AND THE
PROSPECTIVE EMPLOYEE TO WHICH THE CRIMINAL HISTORY INFORMATION RELATES
SHALL HAVE ACCESS TO SUCH INFORMATION; PROVIDED, HOWEVER, THAT SUCH
CRIMINAL HISTORY INFORMATION MAY BE DISCLOSED TO OTHER PERSONNEL
EMPOWERED BY THE AGENCY TO MAKE DECISIONS CONCERNING PROSPECTIVE EMPLOY-
EES. THE AUTHORIZED AGENCY SHALL NOTIFY THE DIVISION OF CRIMINAL JUSTICE
SERVICES OF EACH PERSON AUTHORIZED TO HAVE ACCESS TO SUCH CRIMINAL
HISTORY INFORMATION PURSUANT TO THIS SUBDIVISION. EXCEPT AS OTHERWISE
PROVIDED IN THIS SUBDIVISION, SUCH CRIMINAL HISTORY INFORMATION SHALL BE
CONFIDENTIAL AND ANY PERSON WHO WILLFULLY PERMITS THE RELEASE OF SUCH
CONFIDENTIAL CRIMINAL HISTORY INFORMATION TO PERSONS NOT PERMITTED BY
THIS SUBDIVISION TO RECEIVE SUCH INFORMATION SHALL BE GUILTY OF A MISDE-
MEANOR.
S 4. 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 and provided, further, that section three
of this act shall take effect on the same date and in the same manner as
part F of chapter 501 of the laws of 2012, as amended, takes effect.