S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7682--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 19, 2021
                                ___________
 
 Introduced  by  M.  of A. FERNANDEZ -- (at request of the Justice Center
   for the Protection of People with Special  Needs)  --  read  once  and
   referred to the Committee on Mental Health -- reported and referred to
   the  Committee on Codes -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the social services law, in relation to the  requirement
   to  check  the justice center's register of substantiated category one
   cases of abuse or neglect
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivisions 2 and 3 of section 495 of the social services
 law, as added by section 1 of part B of chapter 501 of the laws of 2012,
 are amended to read as follows:
   2. [All] THE FOLLOWING PROVIDERS OF SERVICES SHALL CHECK THE  REGISTER
 OF SUBSTANTIATED CATEGORY ONE CASES OF ABUSE OR NEGLECT BEFORE DETERMIN-
 ING WHETHER TO HIRE OR OTHERWISE ALLOW ANY PERSON AS AN EMPLOYEE, ADMIN-
 ISTRATOR, CONSULTANT, INTERN, VOLUNTEER, OR CONTRACTOR WHO WILL HAVE THE
 POTENTIAL  FOR  REGULAR AND SUBSTANTIAL CONTACT WITH A SERVICE RECIPIENT
 OR OTHER INDIVIDUAL SERVED BY SUCH  PROVIDER,  OR  BEFORE  APPROVING  AN
 APPLICANT  FOR  A  LICENSE,  CERTIFICATE  PERMIT,  OR  OTHER APPROVAL TO
 PROVIDE CARE TO A SERVICE RECIPIENT OR OTHER INDIVIDUAL SERVED  BY  SUCH
 PROVIDER:
   (A)  ALL  facility and provider agencies[, other providers of services
 to vulnerable persons in programs licensed, certified or funded  by  any
 state oversight agency];
   (B)  PROVIDERS  AND  PROGRAMS  OPERATED,  LICENSED OR CERTIFIED BY THE
 OFFICE OF ADDICTION SERVICES AND SUPPORTS, THE OFFICE OF MENTAL  HEALTH,
 THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, AND THE OFFICE OF
 CHILDREN  AND  FAMILY  SERVICES,  EXCEPT  FOR  SUCH  PROVIDERS OTHERWISE
 REQUIRED TO PERFORM SUCH CHECK UNDER PARAGRAPH (C) OF THIS  SUBDIVISION,
 OVERNIGHT,  SUMMER  DAY  AND  TRAVELING  SUMMER  DAY  CAMPS FOR CHILDREN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09603-04-1

 A. 7682--A                          2
 
 SUBJECT TO THE PROVISIONS OF ARTICLE THIRTEEN-B  OF  THE  PUBLIC  HEALTH
 LAW,  EXCEPT  FOR A STATE OR LOCAL GOVERNMENTAL OFFICIAL WHO RECEIVES AN
 APPLICATION FOR A PERMIT TO OPERATE  A  CAMP  THAT  IS  SUBJECT  TO  THE
 PROVISIONS  OF  ARTICLE  THIRTEEN-B  OF  THE  PUBLIC HEALTH LAW, AND ANY
 PROVIDER DEFINED IN PARAGRAPH (A) OF SUBDIVISION SIX OF SECTION  TWENTY-
 EIGHT HUNDRED NINETY-NINE OF THE PUBLIC HEALTH LAW; and [other]
   (C)  PROVIDERS AND PROGRAMS FUNDED BY THE OFFICE OF ADDICTION SERVICES
 AND SUPPORTS, THE OFFICE OF MENTAL HEALTH, THE OFFICE  FOR  PEOPLE  WITH
 DEVELOPMENTAL  DISABILITIES,  OR  PROGRAMS  OR  PROVIDERS  FUNDED BY THE
 OFFICE OF CHILDREN AND FAMILY SERVICES NOT OTHERWISE REQUIRED TO PERFORM
 SUCH CHECK IN ACCORDANCE WITH SECTION FOUR HUNDRED TWENTY-FOUR-A OF THIS
 CHAPTER, AND provider and licensing agencies as defined  in  subdivision
 three  or  four  of  section  four hundred twenty-four-a of this chapter
 [shall check the register of substantiated category one cases  of  abuse
 or  neglect  before  determining  whether to hire or otherwise allow any
 person as an employee, administrator, consultant, intern,  volunteer  or
 contractor  who  will  have  the  potential  for regular and substantial
 contact with a service recipient or before approving an applicant for  a
 license,  certificate,  permit  or  other  approval to provide care to a
 service recipient]. (FOR STATE ENTITIES BOUND BY COLLECTIVE  BARGAINING,
 SUCH ACTION ESTABLISHED BY COLLECTIVE BARGAINING SHALL GOVERN.)
   2-A. A PROVIDER OR PROGRAM REQUIRED TO PERFORM A CHECK OF THE REGISTER
 OF  SUBSTANTIATED CATEGORY ONE CASES OF ABUSE OR NEGLECT MAY MAKE SUBSE-
 QUENT INQUIRIES OF SUCH REGISTER  FOR  AN  INDIVIDUAL  SUBJECT  TO  SUCH
 INITIAL INQUIRY, PROVIDED THAT ANY SUCH SUBSEQUENT INQUIRIES MAY BE MADE
 ONLY  ONCE IN ANY SIX-MONTH PERIOD. (For state entities bound by collec-
 tive bargaining, such action established by collective bargaining  shall
 govern.)
   3. If a person is listed on the register of substantiated category one
 cases  of  abuse  or  neglect,  a [facility or] provider [agency and all
 other providers of services to vulnerable persons in  programs  licensed
 or  certified  by  any  state  oversight agency] OR PROGRAM DESCRIBED IN
 PARAGRAPHS (A) AND (B) OF SUBDIVISION TWO OF THIS SECTION shall not hire
 such a person to have regular and substantial contact  with  [a  service
 recipient]  AN  INDIVIDUAL SERVED in OR BY any such facility or program.
 Other providers [or licensing agencies as defined in  subdivision  three
 or  four  of  section  four  hundred  twenty-four-a  of this chapter] OR
 PROGRAMS DESCRIBED IN PARAGRAPH (C) OF SUBDIVISION TWO OF  THIS  SECTION
 shall  determine  whether to hire or allow such a person to have regular
 or substantial contact with [a service recipient] AN  INDIVIDUAL  SERVED
 IN  OR  BY SUCH PROGRAM OR PROVIDER in accordance with the provisions of
 subdivision five of section four hundred twenty-four-a of  this  chapter
 OR  ANY  OTHER  RELEVANT  GUIDANCE  FROM  A STATE AGENCY WITH REGULATORY
 AUTHORITY OVER SUCH PROVIDER OR PROGRAM, AS MAY BE APPLICABLE.
   § 2. Subdivisions 5 and 7 of section 424-a of the social services law,
 subdivision 5 as amended and subdivision 7 as added by section 8 of part
 D of chapter 501 of the laws of 2012, are amended to read as follows:
   5. (a) The office of children and family services, after  consultation
 with the justice center for the protection of people with special needs,
 the  office  of  mental health, the office for people with developmental
 disabilities, the office of alcoholism and substance abuse services, the
 department of health, and the state education department  shall  develop
 guidelines  to  be utilized by a provider agency, as defined by subdivi-
 sion three of this section, and a licensing agency, as defined by subdi-
 vision four of this section, in evaluating persons about whom  inquiries
 are  made to the office pursuant to this section who are the subjects of

 A. 7682--A                          3
 
 indicated reports of child abuse and maltreatment, as defined by  subdi-
 vision four of section four hundred twelve of this chapter OR ARE ON THE
 REGISTER  OF  SUBSTANTIATED  CATEGORY  ONE  CASES OF ABUSE OR NEGLECT AS
 DEFINED BY SECTION FOUR HUNDRED NINETY-FIVE OF THIS CHAPTER.
   (b)  The  guidelines  developed  pursuant  to  subdivision one of this
 section shall  not  supersede  similar  guidelines  developed  by  local
 governmental  agencies  prior to January first, nineteen hundred eighty-
 six.
   7. Any facility, provider agency,  or  program  that  is  required  to
 conduct  an inquiry pursuant to section four hundred ninety-five of this
 chapter BEFORE DETERMINING WHETHER TO HIRE OR OTHERWISE ALLOW ANY PERSON
 AS AN EMPLOYEE, ADMINISTRATOR, CONSULTANT, INTERN, VOLUNTEER OR CONTRAC-
 TOR WHO WILL HAVE THE POTENTIAL FOR REGULAR AND SUBSTANTIAL CONTACT WITH
 A SERVICE RECIPIENT shall first conduct the inquiry required under  such
 section.  If  the result of the inquiry under section four hundred nine-
 ty-five of this chapter is that the person about  whom  the  inquiry  is
 made  is on the register of substantiated category one cases of abuse or
 neglect and [the] SUCH facility or provider agency is required  to  deny
 the  application  in accordance with article eleven of this chapter, the
 facility or provider agency shall not be required to make an inquiry  of
 the office under this section.
   §  3.  This  act  shall take effect immediately; provided however that
 section one of this act shall take effect one year after it  shall  have
 become  a law and shall apply to any person who is a prospective employ-
 ee, administrator, consultant, intern, volunteer, or contractor  consid-
 ered  for  any position in which they would have regular and substantial
 contact with persons to whom they would be providing care, on  or  after
 such date.