S T A T E O F N E W Y O R K
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7232--A
Cal. No. 916
I N S E N A T E
May 7, 2014
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Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when
printed to be committed to the Committee on Mental Health and Develop-
mental Disabilities -- reported favorably from said committee, ordered
to first and second report, ordered to a third reading, amended and
ordered reprinted, retaining its place in the order of third reading
AN ACT to amend the executive law, in relation to ensuring the safety
and rights of an individual with a disability or a vulnerable person
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 553 of the executive law is amended by adding a new
subdivision 28 to read as follows:
28. TO CARRY OUT INVESTIGATIONS BY OBSERVING CRITICAL PROTOCOLS AND
PROCEDURES TO ENSURE THE SAFETY OF A VULNERABLE PERSON OR PERSONS IN
LIGHT OF THEIR CLINICAL, PERSONAL CONSIDERATIONS AND THE NEED FOR THE
TIMELY COMPLETION OF AN EFFECTIVE INVESTIGATION. SUCH PROTOCOLS AND
PROCEDURES SHALL BE DEVELOPED BY THE JUSTICE CENTER IN CONSULTATION WITH
THE ADVISORY COUNCIL ESTABLISHED PURSUANT TO SECTION FIVE HUNDRED
SIXTY-ONE OF THIS ARTICLE AND THE APPROPRIATE STATE AGENCY. PROTOCOLS
AND PROCEDURES DEVELOPED JOINTLY BY THE DIRECTOR OF THE JUSTICE CENTER
AND THE RESPECTIVE STATE OVERSIGHT AGENCY SHALL BE CONSIDERED FINAL UPON
AGREEMENT BETWEEN THE DIRECTOR AND ANY SUCH COMMISSIONER AND SHALL NOT
DEPEND ON A FINAL AGREEMENT BETWEEN THE DIRECTOR OF THE JUSTICE CENTER
AND ALL AFFECTED AGENCY COMMISSIONERS. SUCH PROTOCOLS AND PROCEDURES
SHALL INCLUDE:
(A) IN THE EVENT THAT IT IS NECESSARY TO OBTAIN INFORMATION IN THE
COURSE OF AN INVESTIGATION FROM A VULNERABLE PERSON, PROTOCOLS AND
PROCEDURES SHALL BE ESTABLISHED FOR ASCERTAINING WHETHER OR NOT INTER-
VIEWING SUCH PERSON IS CLINICALLY CONTRAINDICATED PRIOR TO SUCH INTER-
VIEW TAKING PLACE. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO
REQUIRE A FORMAL CLINICAL ASSESSMENT PRIOR TO INTERVIEWING A VULNERABLE
PERSON.
(I) FOR THOSE VULNERABLE PERSONS SUBJECT TO AN INTERVIEW, THE JUSTICE
CENTER SHALL DEVELOP APPROPRIATE PROCEDURES AND PROTOCOLS TO ENSURE THAT
ANY INTERVIEW IS CONDUCTED SAFELY AND IN A TIMELY FASHION IN LIGHT OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15035-11-4
S. 7232--A 2
RELEVANT CLINICAL, BEHAVIORAL AND OTHER FACTS RELATING TO THE INDIVID-
UAL'S DISABILITY, SAFETY AND WELLBEING. SUCH PROTOCOLS AND PROCEDURES
SHALL ALSO RECOGNIZE ANY ABILITY THE VULNERABLE PERSON MAY HAVE TO ADVO-
CATE ON HIS OR HER OWN BEHALF BY PROVIDING INFORMATION TO FACILITATE AN
INVESTIGATION TO ENHANCE HIS OR HER OWN SAFETY AND WELLBEING AND THE
SAFETY AND WELLBEING OF OTHERS.
(II) IN THE EVENT THAT AN INTERVIEW IS CLINICALLY CONTRAINDICATED,
DESPITE THE PROVISION OF APPROPRIATE PROCEDURES AND PROTOCOLS, INCLUDING
SPECIAL ACCOMMODATIONS FOR EFFECTIVELY AND SAFELY OBTAINING TIMELY
INFORMATION IN LIGHT OF THE PERSON'S CLINICAL CHARACTERISTICS SUCH AS
THE PRESENCE OF A PERSONAL REPRESENTATIVE AS DEFINED IN SECTION FOUR
HUNDRED EIGHTY-EIGHT OF THE SOCIAL SERVICES LAW, THE VULNERABLE PERSON
SHALL BE EXEMPT FROM SUCH INTERVIEW. HOWEVER, THE JUSTICE CENTER MAY
DETERMINE NOT TO GRANT SUCH EXEMPTION IF, IN ACCORDANCE WITH PROTOCOLS
AND PROCEDURES DEVELOPED PURSUANT TO THIS SECTION, IT DETERMINES THAT
THERE EXISTS AN OVERRIDING HEALTH AND SAFETY NEED TO PROCEED WITH AN
INTERVIEW OF THE VULNERABLE PERSON AND PROVIDED THAT THE JUSTICE CENTER
TAKES NECESSARY MEANS TO PROTECT SUCH VULNERABLE PERSON'S HEALTH, SAFETY
AND WELLBEING DURING SUCH INTERVIEW.
(B) PROCEDURES TO INFORM A VULNERABLE PERSON AND/OR THEIR PERSONAL
REPRESENTATIVE OF THE PROTOCOLS USED IN AN INTERVIEW AND THAT SUCH
INTERVIEW IS VOLUNTARY. FURTHER, IF APPLICABLE AS DETERMINED BY THE
JUSTICE CENTER, THE VULNERABLE PERSON SHALL BE INFORMED THAT ANY SEARCH
OF THE VULNERABLE INDIVIDUAL'S PERSON OR PROPERTY SHALL ALSO BE DONE
VOLUNTARILY. SUCH PROCEDURES SHALL INCLUDE:
(I) APPROPRIATE NOTIFICATION TO A VULNERABLE PERSON AS TO WHAT TO
EXPECT IN AN INTERVIEW;
(II) AN APPROPRIATE MEANS OF INTERVIEWING A VULNERABLE PERSON GIVEN
THE LIMITATIONS SUCH INDIVIDUAL MAY HAVE IN COMPREHENDING QUESTIONS AS
WELL AS GIVEN LINGUISTIC AND CULTURAL BARRIERS TO SUCH UNDERSTANDING;
(III) APPROPRIATE NOTIFICATION, WHEN AT ALL ADVISABLE GIVEN THE NATURE
OF AN INVESTIGATION TO A PERSONAL REPRESENTATIVE THAT A VULNERABLE
PERSON SHALL BE QUESTIONED OR SUBJECT TO AN INTERVIEW AND TO ENABLE SUCH
PERSONAL REPRESENTATIVE TO PROVIDE ANY INFORMATION WHICH THEY BELIEVE IS
NECESSARY TO PROTECT THE INDIVIDUAL;
(IV) PROCEDURES FOR DETERMINING UNDER WHAT CIRCUMSTANCE A PERSONAL
REPRESENTATIVE SHALL ACCOMPANY AN INDIVIDUAL WITH A DISABILITY OR A
VULNERABLE PERSON DURING AN INTERVIEW.
(C) PROCEDURES TO FACILITATE THE PREPARATION OF PERTINENT INFORMATION,
INCLUDING CLINICAL INFORMATION, NECESSARY TO SAFELY CONDUCT AN INVESTI-
GATION PURSUANT TO THIS SECTION, INCLUDING TIMELY NOTIFICATION BY THE
JUSTICE CENTER TO THE APPROPRIATE ADMINISTRATIVE PERSONNEL OF THE AGENCY
SERVING SUCH VULNERABLE PERSON THAT SUCH INFORMATION WILL BE REQUIRED.
SUCH INFORMATION SHALL BE READILY AVAILABLE TO THE JUSTICE CENTER ON A
FORM IT PRESCRIBES PRIOR TO ANY CONTACT BETWEEN THE JUSTICE CENTER AND
SUCH INDIVIDUAL.
S 2. Subdivision 4 of section 553 of the executive law, as added by
section 3 of part A of chapter 501 of the laws of 2012, is amended to
read as follows:
4. To develop standards and training curricula for investigators who
will be assigned to investigate reportable incidents involving vulner-
able persons, and to provide periodic training to such investigators.
Such standards, curricula and training shall address topics including,
but not limited to: (a) how to identify and investigate reportable inci-
dents; (b) the duty to report reportable incidents; (c) the requirements
of all codes of conduct; (d) all applicable disciplinary processes;
S. 7232--A 3
[and] (e) PROTOCOLS AND PROCEDURES PURSUANT TO SUBDIVISION TWENTY-EIGHT
OF THIS SECTION; AND (F) employees' rights pursuant to this article;
S 3. Protocols and procedure required by this act shall be developed
by January 1, 2015 and shall be submitted to the majority leader of the
senate and the speaker of the assembly and implemented by the justice
center by March 1, 2015. Regulations describing and implementing such
protocols and procedures shall be finalized no later than April 1, 2015.
S 4. This act shall take effect immediately.