NY State Senate Bill S7106A

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (17)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 04, 2022	referred to codes delivered to assembly passed senate
Mar 21, 2022	advanced to third reading
Mar 15, 2022	2nd report cal.
Mar 14, 2022	1st report cal.693
Jan 05, 2022	referred to disabilities returned to senate died in assembly
Jun 09, 2021	referred to codes delivered to assembly passed senate
Jun 08, 2021	ordered to third reading cal.1674 committee discharged and committed to rules
Jun 02, 2021	print number 7106a
Jun 02, 2021	amend and recommit to disabilities
Jun 01, 2021	referred to disabilities

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

S7106 - Details

See Assembly Version of this Bill:: A7682
Current Committee:: Assembly Codes
Law Section:: Social Services Law
Laws Affected:: Amd §§495 & 424-a, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S5300, A11032
2019-2020: S6394, A7938

S7106 - Summary

Requires certain entities to check the justice center's register of substantiated category one cases of abuse or neglect; prohibits certain providers of services from hiring employees who are on the register of substantiated category one cases of abuse or neglect.

S7106 - Sponsor Memo

:.up on; 
BILL NUMBER: S7106

SPONSOR: MANNION
 
TITLE OF BILL:

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

 
PURPOSE OF THE BILL:

This bill would require additional providers of services to people who
are vulnerable to abuse or neglect to check the register of substanti-
ated category one cases of abuse or neglect maintained by the Justice
Center for the Protection of People with Special Needs ("Justice
Center") before hiring employees or allowing persons to have regular and
substantial contact with a person with a disability, and would allow all
providers required to check such register to re-check it no more than
once in any six-month period.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill would:

* amend Social Services Law (SSL) § 495(2) to add entities to the list
of facilities and providers required to check the register of substanti-
ated category one cases of abuse or neglect maintained by the Justice
Center prior to hiring individuals charged with the care of such provid-
ers. These additional entities are: overnight, summer and traveling
summer day camps for children that are subject to article thirteen of
the Public Health Law (PHL) and health care providers listed in PHL §
2899(6)(a);
* make technical changes to SSL 495 (2) to clarify the current require-
ments for checking such register;
* add a provision that would allow all providers required to check such
register to re-check it no more than once in any six-month period;
* amend SSL 495 (3) to include language that the additional providers
now required to perform such check may not hire anyone on the register;
and
* make technical changes to SSL 493 (5) to clarify the current require-
ments for the entities that are precluded from hiring individuals on
such register.

Section 2 of the bill would:

* amend SSL § 424-a (5) to clarify that the guidance required by such
section will include circumstances in which individuals are on the
register of substantiated category one cases; and
*amend SSL 424-a (7) to clarify that a provider or program that is
required to check the register of substantiated category one cases of
abuse or neglect is not required to conduct a subsequent check of the
Statewide Central Register for Child Abuse and Maltreatment maintained
by the Office of Children and Family Services if the potential employee
is on such register.

Section 3 of the bill would make it effective one year after it is
signed into law and apply to individuals considered for employment on or
after such date.

 
JUSTIFICATION:

The Justice Center is responsible for maintaining a statewide register
of substantiated category one cases of abuse or neglect, known as the
Staff Exclusion List (SEL), which contains the names of individuals
found responsible for serious or repeated acts of abuse and neglect.  A
person can only be placed on the list after each allegation is thorough-
ly investigated and substantiated based upon a preponderance of
evidence. The staff person has an opportunity to appeal the decision
before permanently being placed on the SEL. There are currently approxi-
mately 474 individuals on the SEL who will be barred from future employ-
ment with any facility or provider agency under the jurisdiction of the
Justice Center. The SEL has already worked to keep individuals who are
on the list from working with vulnerable populations again. Since 2014,
the Justice Center has identified almost 200 individuals who were on the
SEL who attempted to secure subsequent employment in a setting under the
Justice Center's jurisdiction. Requiring providers to check the SEL
prevented these individuals who had already committed serious abuse or
neglect against a vulnerable person from again working with vulnerable
persons.

While many providers and facilities are required to check the SEL, there
are additional entities that provide services and care to vulnerable
populations that should have access to this information about potential
employees. Without access to the SEL, providers are not aware that a
potential employee may have a history of committing serious acts of
abuse or neglect against service recipients. This proposed legislation
would add nursing homes, home care and long term home health programs,
all children's camps and all adult care facilities to the list of enti-
ties that must check the SEL.  Currently, only children's camps that
serve twenty percent or more of children with developmental disabilities
and adult homes or enriched housing programs that have 80 or more beds
and in which at least twenty-five percent of the residents are persons
with serious mental illness are required to check the SEL. Expanding
access to the SEL to additional settings will give these facilities and
providers critical information when making decisions about allowing an
individual to interact with vulnerable persons. It also would address
the concern that persons on the SEL who are currently barred from work-
ing in a facility or provider agency under the Justice Center's juris-
diction will instead seek employment at a facility or program providing
services to vulnerable individuals that is not required or authorized to
check the SEL. The new language makes it clear that this prohibition on
hiring is limited to positions in which the employee would have the
potential for regular and substantial contact with persons to whom they
Would be providing care.

The legislation also includes language to authorize subsequent checks of
the SEL by employers. Currently, there is no mechanism for a provider or
facility to check the SEL once an individual is hired.  Often, individ-
uals who provide services to vulnerable persons work in more than one
facility or program, If an individual is substantiated for category one
abuse or neglect in one setting, his or her other employer may not have
knowledge of that finding. Allowing subsequent checks of the SEL by
authorized entities would provide employers with important information
about the individuals working with vulnerable populations. This language
authorizing subsequent checks mirrors the language that allows providers
to re-check the Statewide Central Register for Child Abuse and Maltreat-
ment.
 
PRIOR LEGISLATIVE HISTORY:

This bill has been introduced in 2016, 2017, 2018, and 2019.

 
FISCAL IMPLICATIONS:

This bill would be implemented within existing resources. It would have
no impact on local governments.

 
EFFECTIVE DATE:
This bill would become effective one year after it is signed into law.

S7106 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7106
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 1, 2021
                                ___________
 
 Introduced  by Sen. MANNION -- (at request of the Justice Center for the
   Protection of People with Special Needs) --  read  twice  and  ordered
   printed, and when printed to be committed to the Committee on Disabil-
   ities
 
 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
 SUBJECT  TO  THE  PROVISIONS  OF ARTICLE THIRTEEN-B OF THE PUBLIC HEALTH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09603-03-1

 S. 7106                             2
 
 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].
   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
 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

 S. 7106                             3

 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.

Co-Sponsors

S7106A (ACTIVE) - Details

See Assembly Version of this Bill:: A7682
Current Committee:: Assembly Codes
Law Section:: Social Services Law
Laws Affected:: Amd §§495 & 424-a, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S5300, A11032
2019-2020: S6394, A7938

S7106A (ACTIVE) - Summary

S7106A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S7106A

SPONSOR: MANNION
 
TITLE OF BILL:

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

 
PURPOSE OF THE BILL:

This bill would require additional providers of services to people who
are vulnerable to abuse or neglect to check the register of substanti-
ated category one cases of abuse or neglect maintained by the Justice
Center for the Protection of People with Special Needs ("Justice
Center") before hiring employees or allowing persons to have regular and
substantial contact with a person with a disability, and would allow all
providers required to check such register to re-check it no more than
once in any six-month period.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill would:

* amend Social Services Law (SSL) § 495(2) to add entities to the list
of facilities and providers required to check the register of substanti-
ated category one cases of abuse or neglect maintained by the Justice
Center prior to hiring individuals charged with the care of such provid-
ers. These additional entities are: overnight, summer and traveling
summer day camps for children that are subject to article thirteen of
the Public Health Law (PHL) and health care providers listed in PHL §
2899(6)(a);

* make technical changes to SSL 495 (2) to clarify the current require-
ments for checking such register;

* add a provision that would allow all providers required to check such
register to re-check it no more than once in any six-month period;

* amend SSL 495 (3) to include language that the additional providers
now required to perform such check may not hire anyone on the register;
and *make technical changes to SSL 493 (5) to clarify the current
requirements for the entities that are precluded from hiring individuals
on such register.

Section 2 of the bill would:

* amend SSL § 424-a (5) to clarify that the guidance required by such
section will include circumstances in which individuals are on the
register of substantiated category one cases; and

* amend SSL 424-a (7) to clarify that a provider or program that is
required to check the register of substantiated category one cases of
abuse or neglect is not required to conduct a subsequent check of the
Statewide Central Register for Child Abuse and Maltreatment maintained
by the Office of Children and Family Services if the potential employee
is on such register.


Section 3 of the bill would make it effective one year after it is
signed into law and apply to individuals considered for employment on or
after such date.

 
JUSTIFICATION:

The Justice Center is responsible for maintaining a statewide register
of substantiated category one cases of abuse or neglect, known as the
Staff Exclusion List (SEL), which contains the names of individuals
found responsible for serious or repeated acts of abuse and neglect.  A
person can only be placed on the list after each allegation is thorough-
ly investigated and substantiated based upon a preponderance of
evidence. The staff person has an opportunity to appeal the decision
before permanently being placed on the SEL. There are currently approxi-
mately 474 individuals on the SEL who will be barred from future employ-
ment with any facility or provider agency under the jurisdiction of the
Justice Center. The SEL has already worked to keep individuals who are
on the list from working with vulnerable populations again. Since 2014,
the Justice Center has identified almost 200 individuals who were on the
SEL who attempted to secure subsequent employment in a setting under the
Justice Center's jurisdiction. Requiring providers to check the SEL
prevented these individuals who had already committed serious abuse or
neglect against a vulnerable person from again working with vulnerable
persons.

While many providers and facilities are required to check the SEL, there
are additional entities that provide services and care to vulnerable
populations that should have access to this information about potential
employees. Without access to the SEL, providers are not aware that a
potential employee may have a history of committing serious acts of
abuse or neglect against service recipients. This proposed legislation
would add nursing homes, home care and long term home health programs,
all children's camps and all adult care facilities to the list of enti-
ties that must check the SEL.

Currently, only children's camps that serve twenty percent or more of
children with developmental disabilities and adult homes or enriched
housing programs that have 80 or more beds and in which at least twen-
ty-five percent of the residents are persons with serious mental illness
are required to check the SEL. Expanding access to the SEL to additional
settings will give these facilities and providers critical information
when making decisions about allowing an individual to interact with
vulnerable persons. It also would address the concern that persons on
the SEL who are currently barred from working in a facility or provider
agency under the Justice Center's jurisdiction will instead seek employ-
ment at a facility or program providing services to vulnerable individ-
uals that is not required or authorized to check the SEL. The new
language makes it clear that this prohibition on hiring is limited to
positions in which the employee would have the potential for regular and
substantial contact with persons to whom they Would be providing care.

The legislation also includes language to authorize subsequent checks of
the SEL by employers. Currently, there is no mechanism for a provider or
facility to check the SEL once an individual is hired. Often, individ-
uals who provide services to vulnerable persons work in more than one
facility or program, If an individual is substantiated for category one
abuse or neglect in one setting, his or her other employer may not have
knowledge of that finding. Allowing subsequent checks of the SEL by
authorized entities would provide employers with important information
about the individuals working with vulnerable populations. This language
authorizing subsequent checks mirrors the language that allows providers
to re-check the Statewide Central Register for Child Abuse and Maltreat-
ment.

 
PRIOR LEGISLATIVE HISTORY:

This bill has been introduced in 2016, 2017, 2018, and 2019.

 
FISCAL IMPLICATIONS:

This bill would be implemented within existing resources. It would have
no impact on local governments.

 
EFFECTIVE DATE:
This bill would become effective one year after it is signed into law.

S7106A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7106--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 1, 2021
                                ___________
 
 Introduced  by Sen. MANNION -- (at request of the Justice Center for the
   Protection of People with Special Needs) --  read  twice  and  ordered
   printed, and when printed to be committed to the Committee on Disabil-
   ities  --  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.

                                                            LBD09603-05-1

 S. 7106--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

 S. 7106--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.

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The New York State Senate

senate Bill S7106A

Sponsored By

Archive: Last Bill Status - Passed Senate

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Votes

Apr 4, 2022 - floor Vote

Floor Vote: Apr 4, 2022

Mar 14, 2022 - Disabilities committee Vote

Disabilities Committee Vote: Mar 14, 2022

Jun 9, 2021 - floor Vote

Floor Vote: Jun 9, 2021

Jun 8, 2021 - Rules committee Vote

Rules Committee Vote: Jun 8, 2021

Bill Amendments

S7106 - Details

S7106 - Summary

S7106 - Sponsor Memo

S7106 - Bill Text download pdf

Co-Sponsors

S7106A (ACTIVE) - Details

S7106A (ACTIVE) - Summary

S7106A (ACTIVE) - Sponsor Memo

S7106A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S7106A

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Sponsored By

John W. Mannion

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Apr 4, 2022 - floor Vote

Floor Vote: Apr 4, 2022

Mar 14, 2022 - Disabilities committee Vote

Disabilities Committee Vote: Mar 14, 2022

Jun 9, 2021 - floor Vote

Floor Vote: Jun 9, 2021

Jun 8, 2021 - Rules committee Vote

Rules Committee Vote: Jun 8, 2021

Bill Amendments

S7106 - Details

S7106 - Summary

S7106 - Sponsor Memo

S7106 - Bill Text download pdf

Co-Sponsors

Robert Jackson

Rachel May

S7106A (ACTIVE) - Details

S7106A (ACTIVE) - Summary

S7106A (ACTIVE) - Sponsor Memo

S7106A (ACTIVE) - Bill Text download pdf

Comments