BILL NUMBER: S5121

SPONSOR: CARLUCCI
 
TITLE OF BILL:  An act to amend the mental hygiene law, in relation to
duties of providers of service to people with developmental disabilities

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to inform programs and their employees under
the auspice of the Office for People with Developmental Disabilities
(OPWDD) when to make a report to the Justice Center and/or call 911.

 
SUMMARY OF PROVISIONS:

A.1370-A would amend 9 16.13 of the Mental Hygiene Law by adding a new
subdivision (e) to require programs licensed, certified, operated,
authorized or funded by the Office for People with Developmental Disa-
bilities (OPWDD) to post visible notice in a public area notifying
employees that such employee is to call 911 in the event of an emergen-
cy. Additional information would be posted by those programs mandated to
report alleged incidents of abuse or neglect pursuant to § 16.29 of the
              

Mental Hygiene Law, that would inform its employees that as mandated
reporters pursuant to article eleven of the social services law, they
shall report to the Justice Center for the Protection of People with
Special Needs any suspected abuse or neglect of an individual at such
program; contact law enforcement in accordance with policies and proce-
dures pursuant to subdivision five of § 491 of the Social Services Law;
and such notice shall contain the phone number of the justice center
hotline number and local law enforcement entity.

Section 2 is the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION:

Adds a new subdivision to the mental hygiene law section 16.13 rather
than section 31.11 and reorders and clarifies language.

 
JUSTIFICATION:

Many times employees of group homes for the developmentally disabled
notice that a client has visible signs of abuse. However, they report it
to their supervisor and often this information never gets to law
enforcement agencies or properly investigated.

Current law requires mandatory reporters to report such conduct to the
Justice Center. This legislation helps to ensure that employees are
aware of their responsibility, in an emergency, to contact 911 and that
as mandated reporters they must contact the Justice Center if they
believe abuse or neglect has occurred.

This legislation supports the protection of our most vulnerable popu-
lation.

 
PRIOR LEGISLATIVE LEGISLATIVE HISTORY:

2017-18: A2846 passed assembly; same as S1400 (Avella) referred to
mental health and developmental disabilities;


2015/2016: A7533 passes assembly; same as S7188 (Avella) referred to
mental health;

2013/2014: A7907 (Weisenberg) passed assembly; 56929 (Golden) referred
to mental health

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Undetermined

 
EFFECTIVE DATE:
This act shall take effect immediately.