S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11032
 
                           I N  A S S E M B L Y
 
                               May 31, 2018
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Espinal,
   Gunther) -- (at request of the Justice Center for  the  Protection  of
   People  with Special Needs) -- read once and referred to the Committee
   on Mental Health
 
 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. (A) All facility and provider agencies, other providers of services
 to vulnerable persons in programs licensed, certified or funded  by  any
 state  oversight  agency, OVERNIGHT, SUMMER DAY AND TRAVELING SUMMER DAY
 CAMPS FOR CHILDREN SUBJECT TO THE PROVISIONS OF  ARTICLE  THIRTEEN-B  OF
 THE PUBLIC HEALTH LAW, ANY PROVIDER DEFINED IN PARAGRAPH (A) OF SUBDIVI-
 SION  SIX  OF  SECTION  TWENTY-EIGHT  HUNDRED  NINETY-NINE OF THE PUBLIC
 HEALTH LAW and, 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,  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  employ-
 ee,  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.)
   (B) AN INQUIRY REGARDING ANY CURRENT EMPLOYEE, ADMINISTRATOR, CONSULT-
 ANT, INTERN, VOLUNTEER OR CONTRACTOR WHO WILL  HAVE  THE  POTENTIAL  FOR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10142-06-8

 A. 11032                            2
 
 REGULAR  AND  SUBSTANTIAL  CONTACT  WITH A SERVICE RECIPIENT MAY BE MADE
 ONLY ONCE IN ANY SIX-MONTH PERIOD.
   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 OF SERVICES DEFINED IN SUBDI-
 VISION TWO OF THIS SECTION, EXCEPT PROVIDERS OR  LICENSING  AGENCIES  AS
 DEFINED  IN  SUBDIVISION  THREE  OR FOUR OF SECTION FOUR HUNDRED TWENTY-
 FOUR-A OF THIS CHAPTER, SHALL NOT HIRE SUCH A PERSON FOR ANY POSITION IN
 WHICH THE PERSON WOULD HAVE THE POTENTIAL FOR  REGULAR  AND  SUBSTANTIAL
 CONTACT  WITH  PERSONS  TO  WHOM  THEY  WOULD  BE PROVIDING CARE, IF THE
 PROSPECTIVE EMPLOYEE IS LISTED ON THE REGISTER OF SUBSTANTIATED CATEGORY
 ONE CASES OF ABUSE OR NEGLECT. 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.
   §  2.  Subdivision  7  of section 424-a of the social services law, as
 added by section 8 of part D of chapter 501 of  the  laws  of  2012,  is
 amended to read as follows:
   7.  Any  facility[,]  OR  provider  agency, [or program] AS DEFINED IN
 SUBDIVISION FOUR OF SECTION FOUR HUNDRED EIGHTY-EIGHT OF  THIS  CHAPTER,
 that  is required to conduct an inquiry pursuant to section four hundred
 ninety-five of this chapter BEFORE DETERMINING WHETHER TO HIRE OR OTHER-
 WISE 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 shall first conduct the
 inquiry required under such section. If the result of the inquiry  under
 section  four  hundred  ninety-five  of  this chapter is that the person
 about whom the inquiry is made is on the register of substantiated cate-
 gory 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 one year after it shall have become a
 law.