senate Bill S4861A

Signed By Governor
2013-2014 Legislative Session

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

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Sponsored By

Archive: Last Bill Status Via A7904 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 30, 2013 signed chap.83
Jun 24, 2013 delivered to governor
Jun 18, 2013 returned to assembly
passed senate
3rd reading cal.597
substituted for s4861a
Jun 18, 2013 substituted by a7904
Jun 10, 2013 amended on third reading 4861a
May 21, 2013 advanced to third reading
May 20, 2013 2nd report cal.
May 08, 2013 1st report cal.597
Apr 26, 2013 referred to mental health and developmental disabilities

Votes

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May 8, 2013 - Mental Health and Developmental Disabilities committee Vote

S4861
11
0
committee
11
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Committee Vote: May 8, 2013

Bill Amendments

Original
A (Active)
Original
A (Active)

S4861 - Bill Details

See Assembly Version of this Bill:
A7904
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §31.35, Ment Hyg L; amd §§488 & 378-a, Soc Serv L

S4861 - Bill Texts

view summary

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

view 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.

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                    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.

S4861A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7904
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §31.35, Ment Hyg L; amd §§488 & 378-a, Soc Serv L

S4861A (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S4861A

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 s 490(5).

Section three of the bill would amend the social services law to
ensure that agencies that place out or board out children under
section 371 of the social services law will continue to have access to
certain criminal history information.

Section four 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 history background checks for prospective operators,
employees and volunteers of facilities or providers under the
jurisdiction of OPWDD. A corresponding change was not made to Mental
Hygiene Law § 31.35, for prospective 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 functions was changed to require the
Justice Center to perform these functions. A parallel reference in
Mental Hygiene Law f 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 § 468(4). Emergency interim
placements are put-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.

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

                                 4861--A
    Cal. No. 597

                       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  --  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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09487-06-3

S. 4861--A                          2

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.
  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

S. 4861--A                          3

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
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.

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