S T A T E O F N E W Y O R K
________________________________________________________________________
7106--A
2021-2022 Regular Sessions
I N S E N A T E
June 1, 2021
___________
Introduced by Sen. MANNION -- (at request of the Justice Center for the
Protection of People with Special Needs) -- read twice and ordered
printed, and when printed to be committed to the Committee on Disabil-
ities -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
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. [All] THE FOLLOWING PROVIDERS OF SERVICES SHALL CHECK THE REGISTER
OF SUBSTANTIATED CATEGORY ONE CASES OF ABUSE OR NEGLECT BEFORE DETERMIN-
ING WHETHER TO HIRE OR OTHERWISE ALLOW ANY PERSON AS AN EMPLOYEE, ADMIN-
ISTRATOR, CONSULTANT, INTERN, VOLUNTEER, OR CONTRACTOR WHO WILL HAVE THE
POTENTIAL FOR REGULAR AND SUBSTANTIAL CONTACT WITH A SERVICE RECIPIENT
OR OTHER INDIVIDUAL SERVED BY SUCH PROVIDER, OR BEFORE APPROVING AN
APPLICANT FOR A LICENSE, CERTIFICATE PERMIT, OR OTHER APPROVAL TO
PROVIDE CARE TO A SERVICE RECIPIENT OR OTHER INDIVIDUAL SERVED BY SUCH
PROVIDER:
(A) ALL facility and provider agencies[, other providers of services
to vulnerable persons in programs licensed, certified or funded by any
state oversight agency];
(B) PROVIDERS AND PROGRAMS OPERATED, LICENSED OR CERTIFIED BY THE
OFFICE OF ADDICTION SERVICES AND SUPPORTS, THE OFFICE OF MENTAL HEALTH,
THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, AND THE OFFICE OF
CHILDREN AND FAMILY SERVICES, EXCEPT FOR SUCH PROVIDERS OTHERWISE
REQUIRED TO PERFORM SUCH CHECK UNDER PARAGRAPH (C) OF THIS SUBDIVISION,
OVERNIGHT, SUMMER DAY AND TRAVELING SUMMER DAY CAMPS FOR CHILDREN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09603-05-1
S. 7106--A 2
SUBJECT TO THE PROVISIONS OF ARTICLE THIRTEEN-B OF THE PUBLIC HEALTH
LAW, 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, AND ANY
PROVIDER DEFINED IN PARAGRAPH (A) OF SUBDIVISION SIX OF SECTION TWENTY-
EIGHT HUNDRED NINETY-NINE OF THE PUBLIC HEALTH LAW; and [other]
(C) PROVIDERS AND PROGRAMS FUNDED BY THE OFFICE OF ADDICTION SERVICES
AND SUPPORTS, THE OFFICE OF MENTAL HEALTH, THE OFFICE FOR PEOPLE WITH
DEVELOPMENTAL DISABILITIES, OR PROGRAMS OR PROVIDERS FUNDED BY THE
OFFICE OF CHILDREN AND FAMILY SERVICES NOT OTHERWISE REQUIRED TO PERFORM
SUCH CHECK IN ACCORDANCE WITH SECTION FOUR HUNDRED TWENTY-FOUR-A OF THIS
CHAPTER, AND 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.)
2-A. A PROVIDER OR PROGRAM REQUIRED TO PERFORM A CHECK OF THE REGISTER
OF SUBSTANTIATED CATEGORY ONE CASES OF ABUSE OR NEGLECT MAY MAKE SUBSE-
QUENT INQUIRIES OF SUCH REGISTER FOR AN INDIVIDUAL SUBJECT TO SUCH
INITIAL INQUIRY, PROVIDED THAT ANY SUCH SUBSEQUENT INQUIRIES MAY BE MADE
ONLY ONCE IN ANY SIX-MONTH PERIOD. (For state entities bound by collec-
tive 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] OR PROGRAM DESCRIBED IN
PARAGRAPHS (A) AND (B) OF SUBDIVISION TWO OF THIS SECTION shall not hire
such a person to have regular and substantial contact with [a service
recipient] AN INDIVIDUAL SERVED in OR BY 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] OR
PROGRAMS DESCRIBED IN PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION
shall determine whether to hire or allow such a person to have regular
or substantial contact with [a service recipient] AN INDIVIDUAL SERVED
IN OR BY SUCH PROGRAM OR PROVIDER in accordance with the provisions of
subdivision five of section four hundred twenty-four-a of this chapter
OR ANY OTHER RELEVANT GUIDANCE FROM A STATE AGENCY WITH REGULATORY
AUTHORITY OVER SUCH PROVIDER OR PROGRAM, AS MAY BE APPLICABLE.
§ 2. Subdivisions 5 and 7 of section 424-a of the social services law,
subdivision 5 as amended and subdivision 7 as added by section 8 of part
D of chapter 501 of the laws of 2012, are amended to read as follows:
5. (a) The office of children and family services, after consultation
with the justice center for the protection of people with special needs,
the office of mental health, the office for people with developmental
disabilities, the office of alcoholism and substance abuse services, the
department of health, and the state education department shall develop
guidelines to be utilized by a provider agency, as defined by subdivi-
sion three of this section, and a licensing agency, as defined by subdi-
vision four of this section, in evaluating persons about whom inquiries
are made to the office pursuant to this section who are the subjects of
S. 7106--A 3
indicated reports of child abuse and maltreatment, as defined by subdi-
vision four of section four hundred twelve of this chapter OR ARE ON THE
REGISTER OF SUBSTANTIATED CATEGORY ONE CASES OF ABUSE OR NEGLECT AS
DEFINED BY SECTION FOUR HUNDRED NINETY-FIVE OF THIS CHAPTER.
(b) The guidelines developed pursuant to subdivision one of this
section shall not supersede similar guidelines developed by local
governmental agencies prior to January first, nineteen hundred eighty-
six.
7. Any facility, provider agency, or program that is required to
conduct an inquiry pursuant to section four hundred ninety-five of this
chapter BEFORE DETERMINING WHETHER TO HIRE OR OTHERWISE ALLOW ANY PERSON
AS AN EMPLOYEE, ADMINISTRATOR, CONSULTANT, INTERN, VOLUNTEER OR CONTRAC-
TOR 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 nine-
ty-five of this chapter is that the person about whom the inquiry is
made is on the register of substantiated category 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 immediately; provided however that
section one of this act shall take effect one year after it shall have
become a law and shall apply to any person who is a prospective employ-
ee, administrator, consultant, intern, volunteer, or contractor consid-
ered for any position in which they would have regular and substantial
contact with persons to whom they would be providing care, on or after
such date.
