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This entry was published on 2014-09-22
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SECTION 495
Register of substantiated category one cases of abuse or neglect
Social Services (SOS) CHAPTER 55, ARTICLE 11
§ 495. Register of substantiated category one cases of abuse or
neglect. 1. The justice center shall develop and maintain a register of
subjects of reports who have been found to have a substantiated category
one case of abuse or neglect, in accordance with paragraph (a) of
subdivision four of section four hundred ninety-three of this article,
and who have: (a) not requested an amendment of the findings of the
report in the time specified in subdivision one of section four hundred
ninety-four of this article; or (b) been heard pursuant to such
subdivision and all the findings of the report were not amended to be
unsubstantiated.

2. All facility and provider agencies, other providers of services to
vulnerable persons in programs licensed, certified or funded by any
state oversight agency and other 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.)

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 shall not hire such a person to
have regular and substantial contact with a service recipient in 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 shall determine whether to hire or allow
such a person to have regular or substantial contact with a service
recipient in accordance with the provisions of subdivision five of
section four hundred twenty-four-a of this chapter.

4. A custodian shall be subject to immediate termination if he or she
is convicted of any crime as defined in subdivision six of section 10.00
of the penal law that relates directly to the abuse or neglect of a
vulnerable person, or is placed on the register of substantiated
category one cases of abuse or neglect. (For state entities bound by
collective bargaining, such action established by collective bargaining
shall govern.)

5. Placement on the register shall be permanent, unless the office is
officially notified of the individual's death.

6. Nothing in this article shall diminish the rights or remedies
otherwise available under law, regulation or appropriate collective
bargaining agreements of any facility or provider agency with respect to
the termination or discipline of employees.