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This entry was published on 2014-09-22
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Inspection and supervision
Social Services (SOS) CHAPTER 55, ARTICLE 7, TITLE 1
§ 460-c. Inspection and supervision. 1. Excepting state institutions
for the education and support of the blind, the deaf and the dumb,
facilities subject to the approval, visitation and inspection of the
state department of mental hygiene or the state commission of
correction, facilities operated by or under the supervision of the
division for youth and facilities subject to the supervision of the
department of health pursuant to article twenty-eight of the public
health law, the department shall inspect and maintain supervision over
all public and private facilities or agencies whether state, county,
municipal, incorporated or not incorporated which are in receipt of
public funds, which are of a charitable, eleemosynary, correctional or
reformatory character, including facilities or agencies exercising
custody of dependent, neglected, abused, maltreated, abandoned or
delinquent children, agencies engaged in the placing-out or boarding-out
of children as defined in section three hundred seventy-one of this
chapter, homes or shelters for unmarried mothers, residential programs
for victims of domestic violence as defined in subdivision five of
section four hundred fifty-nine-a of this chapter and adult care

2. Upon inspection of any facility subject to the inspection and
supervision of the department pursuant to subdivision one of this
section, inquiry may be made to ascertain:

(a) whether the objectives of the facility or agency are being

(b) whether all applicable provisions of law and regulations of the
department are being fully complied with;

(c) the general management and financial condition of the facility,
including any sources of public funds received;

(d) its methods of and equipment for scholastic and career education,
and whether the same are best adapted to the needs of the residents and

(e) its methods of administration;

(f) its methods of and equipment for providing care, medical
attention, treatment and discipline of its residents and beneficiaries,
and whether the same are best adapted to the needs of the residents and

(g) the qualifications and general conduct of its officers and

(h) the condition of its grounds, buildings and other property; and

(i) any other matter connected with or pertaining to its usefulness
and good management or to the interests of its residents or

2-a. Special procedures relating to abuse and neglect of vulnerable
persons. (a) If the report of an investigation of abuse or neglect is
substantiated in accordance with article eleven of this chapter, the
director or operator of a residential facility or program shall submit
to the department, within ten business days of receipt of notice of the
substantiated report, a written plan of prevention and remediation to be
taken with respect to the subject of such report to protect the
continued health, safety and welfare of the service recipients and
provide for the prevention of future acts of abuse or neglect. The
department shall approve or disapprove such plan and specify necessary
revisions within ten days of its receipt and shall monitor its
implementation pursuant to the provisions of this chapter.

(b) In the event an investigation of a report of alleged abuse or
neglect determines that a preponderance of evidence of abuse or neglect
exists and such abuse or neglect may be attributed in whole or in part
to noncompliance by the facility or program with provisions of this
chapter or regulations of the department applicable to the operation of
such residential facility or program, the director or operator of such
facility or program shall, in consultation with officials of the
department responsible for the approval of operating certificates and
for monitoring the provision of protective services to service
recipients, develop a plan of prevention and remediation which shall be
submitted to and approved by the department in accordance with time
limits established by regulations of the department. Implementation of
such plan shall be jointly monitored by officials of the department
responsible for the approval of operating certificates and for
monitoring the provision of protective services to service recipients.
In reviewing the continuing qualification of a residential facility or
program for an operating certificate, the department shall evaluate such
facility's or program's compliance with plans of prevention and
remediation developed and implemented pursuant to this section.

(c) Development and implementation of plans pursuant to this section
shall, to the extent possible, be coordinated with remediation plans
required by local social services districts.

3. With respect to any corporation heretofore or hereafter formed by a
special act or under a general law, or any unincorporated organization,
institution, facility or agency, which actually engages in any of the
aforementioned works but which is not in receipt of public funds, the
department is authorized to inspect and supervise with respect to the
health, safety, treatment and training of its residents, or of the
children under its custody.

4. The commissioner or any official so authorized by him may conduct
any inquiry pursuant to the authority of section thirty-four of this
chapter, in relation to any matter arising out of an inspection
performed pursuant to this title. Any officer or duly authorized
employee shall have full access to the grounds, buildings, books and
papers relating to any such facility or agency and may require from the
officers and persons in charge thereof any information he may deem
necessary in the discharge of his duties. The department may establish
rules according to which, and provide blanks and forms upon which, such
information shall be furnished, in a clear, uniform and prompt manner.

5. Any officer, superintendent or employee of any such facility or
agency who shall intentionally refuse to admit any officer or inspector
of the department for the purpose of inspection, or shall intentionally
refuse or fail to furnish the information required by the department or
any officer or inspector, shall be guilty of a misdemeanor.

6. The rights and powers conferred by this section may be enforced by
an order of the supreme court after notice and hearing, or by indictment
by the grand jury of the county, or both.

7. The inspection and supervision powers and duties of the
commissioner as established by this section may, in the case of any
family type home for adults with a capacity of four or less, be
delegated in whole or in part, to the local commissioner of the social
services district in which such facility is located, and such local
commissioner shall make reports regarding such facility in such form and
manner and at such time as the department regulations may require.