§ 16.19 Confinement, care and treatment of persons with developmental

disabilities.

(a) No individual who is or appears to have a developmental disability
shall be detained, deprived of liberty or otherwise confined without
lawful authority, or inadequately, unskillfully, cruelly or unsafely
cared for or supervised by any person.

(b) If the commissioner has reason to believe that a person is being
detained or given inadequate, unskillful, cruel or unsafe care, as
described in subdivision (a) of this section, he shall promptly
investigate the matter. If, after giving the person accused of violating
subdivision (a) of this section an opportunity to be heard, he finds
that a violation did occur, the commissioner shall issue an order
directing that person to cease and desist from continued violation.

(c) In addition to any other remedies available under this article,
the commissioner may bring an action in the supreme court to enjoin any
person from unlawfully subjecting a person with a developmental
disability to physical, sexual, or emotional abuse, or active, passive
or self neglect, or detaining a person with a developmental disability
or providing inadequate, unskillful, cruel or unsafe care or supervision
for such a person.

(d) (1) If, upon receiving a report that any adult thought to have a
developmental disability has been subjected to physical, sexual, or
emotional abuse, or active, passive or self neglect, and the
commissioner has reason to believe that such adult is known by the
commissioner to have received services from providers duly authorized by
the commissioner and has been subjected to such abuse or neglect, the
commissioner shall intervene pursuant to this section or, if such adult
has not received services from said authorized providers, the
commissioner shall, immediately or as soon as practicable, notify adult
protective services established pursuant to section four hundred
seventy-three of the social services law. The commissioner shall, within
forty-eight hours, forward copies of reports made pursuant to this
subdivision to the state commission of quality of care and advocacy for
persons with disabilities and indicate if such report was referred to
adult protective services.

(2) In order to carry out the provisions of this subdivision, the
commissioner and commissioner of the office of children and family
services shall develop a model memorandum of understanding which shall
be entered into between each developmental disability services office
and each local department of social services within its jurisdiction.
Such agreement shall define the responsibilities of each developmental
disability services office and social services district with respect to
reports pursuant to paragraph one of this subdivision and reasonable
time frames for implementing such responsibilities. Such agreement
entered into in accord with such memorandum of understanding shall be
finalized between all developmental disability services offices and all
local departments of social services no later than ninety days after the
effective date of this subdivision. A developmental disabilities
services office shall be deemed a provider of services for the purposes
of access to adult protective records under section four hundred
seventy-three-e of the social services law.

(e) The commissioner shall promulgate rules and regulations requiring
that when the office or a provider licensed, certified or operated by
the office conducts an investigation regarding potential abuse,
maltreatment or neglect of a person receiving services, any affected
employee or volunteer shall be provided a copy of regulations and
procedures governing such investigations and, in writing, notify the
employee or volunteer subject of the investigation of the right and
procedures for obtaining and responding to any report filed by the
provider with the office in accordance with this section.