S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7465
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 30, 2023
                                ___________
 
 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
 
 AN  ACT  to  amend  the executive law, in relation to providing licensed
   facilities, provider agencies,  and  other  providers  of  services  a
   summary  of  final substantiated reports of category two conduct of an
   employee or volunteer
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 562 of the executive law, as added by section 3 of
 part A of chapter 501 of the laws of 2012, subdivision 1 as  amended  by
 chapter 234 of the laws of 2021, is amended to read as follows:
   § 562. [Abuse and neglect] CATEGORY TWO FINDINGS, ADDITIONAL notifica-
 tion. 1. (a) Upon [receiving a request for criminal history information,
 pursuant  to  section  eight hundred forty-five-b of this chapter, for a
 prospective employee or volunteer of] a facility or provider AGENCY,  OR
 OTHER  PROVIDER  OF  SERVICES  licensed,  operated, or certified by [the
 office for people with developmental  disabilities]  A  STATE  OVERSIGHT
 AGENCY  COMPLETING  THE  CHECK OF THE REGISTER OF SUBSTANTIATED CATEGORY
 ONE CASES OF ABUSE OR NEGLECT REQUIRED BY SECTION FOUR  HUNDRED  NINETY-
 FIVE  OF  THE  SOCIAL  SERVICES  LAW, the justice center shall furnish a
 summary of any substantiated reports in its possession regarding a final
 finding of category two conduct [pursuant to section four hundred  nine-
 ty-three of the social services law, by a] FOR SUCH prospective employee
 or  volunteer.  The  justice center shall provide such summary report to
 the authorized person as defined in paragraph (b) of subdivision one  of
 section eight hundred forty-five-b of this chapter and at that same time
 furnish  such  documents to the prospective employee or volunteer at the
 address for such person listed on the request.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06310-01-3
 S. 7465                             2
              

 
   (b) Notwithstanding paragraph (a) of this subdivision, a  facility  or
 provider  [licensed, operated or certified by the office for people with
 developmental disabilities] ENTITLED TO RECEIVE THE NOTIFICATION  PURSU-
 ANT TO PARAGRAPH (A) OF THIS SUBDIVISION shall ALSO be provided a summa-
 ry of any final finding of category two conduct pursuant to section four
 hundred  ninety-three of the social services law, for a current employee
 or volunteer, where the  substantiated  category  two  conduct  in  such
 summary  occurred  at  another  facility or provider agency. The justice
 center shall additionally provide such summary to the employee or volun-
 teer if such summary has not previously been provided.
   (c) For the purposes of this subdivision, a final finding of  category
 two  conduct  shall  mean  a  SUBSTANTIATED  finding  IN ACCORDANCE WITH
 SECTION FOUR HUNDRED NINETY-THREE OF THE SOCIAL SERVICES LAW  for  which
 all  relevant  hearings and appeals have been exhausted and has not been
 sealed in accordance with section  four  hundred  ninety-three  OR  FOUR
 HUNDRED NINETY-FOUR of the social services law.
   2.  The summary report provided by the justice center to a provider of
 services pursuant to subdivision one of this section shall  be  received
 by the provider subject to the confidentiality provisions of subdivision
 seven of section eight hundred forty-five-b of this chapter.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.