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This entry was published on 2022-01-07
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SECTION 562
Abuse and neglect notification
Executive (EXC) CHAPTER 18, ARTICLE 20
§ 562. Abuse and neglect notification. 1. (a) Upon receiving a request
for criminal history information, pursuant to section eight hundred
forty-five-b of this chapter, for a prospective employee or volunteer of
a facility or provider licensed, operated, or certified by the office
for people with developmental disabilities, the justice center shall
furnish a summary of any substantiated reports in its possession
regarding a final finding of category two conduct pursuant to section
four hundred ninety-three of the social services law, by a prospective
employee or volunteer. The justice center shall provide such summary
report to the authorized person as defined in paragraph (b) of
subdivision one of section eight hundred forty-five-b of this chapter
and at that same time furnish such documents to the prospective employee
or volunteer at the address for such person listed on the request.

(b) Notwithstanding paragraph (a) of this subdivision, a facility or
provider licensed, operated or certified by the office for people with
developmental disabilities shall be provided a summary of any final
finding of category two conduct pursuant to section four hundred
ninety-three of the social services law, for a current employee or
volunteer, where the substantiated category two conduct in such summary
occurred at another facility or provider agency. The justice center
shall additionally provide such summary to the employee or volunteer if
such summary has not previously been provided.

(c) For the purposes of this subdivision, a final finding of category
two conduct shall mean a finding for which all relevant hearings and
appeals have been exhausted and has not been sealed in accordance with
section four hundred ninety-three of the social services law.

2. The summary report provided by the justice center to a provider of
services pursuant to subdivision one of this section shall be received
by the provider subject to the confidentiality provisions of subdivision
seven of section eight hundred forty-five-b of this chapter.