§ 424-a. Access to information contained in the statewide central
register of child abuse and maltreatment. 1. (a) (i) A licensing agency
shall inquire of the department and the department shall, subject to the
provisions of paragraph (e) of this subdivision, inform such agency and
the subject of the inquiry whether an applicant for a certificate,
license or permit, the director of a camp subject to the provisions of
article thirteen-B of the public health law, a prospective successor
guardian when a clearance is conducted pursuant to paragraph (d) of
subdivision two of section four hundred fifty-eight-b of this article,
and any person over the age of eighteen who resides in the home of a
person who has applied to become an adoptive parent or a foster parent
or any person over the age of eighteen residing in the home of a
prospective successor guardian when a clearance is conducted of a
prospective successor guardian pursuant to this paragraph, has been or
is currently the subject of an indicated child abuse and maltreatment
report on file with the statewide central register of child abuse and
maltreatment.

(ii) A licensing agency shall inquire of the office whether an
applicant for a certificate, license or permit to operate a child care
program including a family day care home, group family day care home,
child care center, school age child care program, or enrolled legally
exempt provider or an employee, volunteer or applicant to be an employee
or volunteer in such program who has potential for regular and
substantial contact with children in the program, is the confirmed
subject of an indicated child abuse report maintained by the statewide
central register of child abuse and maltreatment. The office shall
promulgate regulations related to the process by which providers and
applicants will be informed whether the applicant is authorized or
unauthorized to care for children based on the outcome of such inquiry.

(iii) A licensing agency shall inquire of the office whether any
person age eighteen or older who is not related in any way to all
children for whom care is provided that resides on the premises of where
child care is provided in a setting that is not the child's own home by
an enrolled legally-exempt provider as such term is defined in
subdivision one-a of section three hundred ninety-b of this chapter is
the confirmed subject of an indicated child abuse report maintained by
the statewide central register of child abuse and maltreatment. The
office shall promulgate regulations related to the process by which
providers and applicants will be informed whether the applicant is
authorized or unauthorized to care for children based on the outcome of
such inquiry.

(iv) A licensing agency conducting inquiries pursuant to subparagraphs
(ii) and (iii) of this paragraph may inquire of the office whether any
person who is to be hired as a consultant by such agency who has the
potential for regular and substantial contact with individuals who are
cared for by the agency is the subject of an indicated child abuse and
maltreatment report on file with the statewide central register of child
abuse and maltreatment. The office shall promulgate regulations related
to the process by which providers and applicants will be informed
whether the applicant is authorized or unauthorized to care for children
based on the outcome of such inquiry.

(v) A licensing agency conducting inquiries pursuant to subparagraphs
(ii) and (iii) or this paragraph may inquire of the office whether any
person who has volunteered his or her services to such agency and who
will have the potential for regular and substantial contact with
individuals who are cared for by the agency, is the subject of an
indicated child abuse and maltreatment report on file with the statewide
central register of child abuse and maltreatment. The office shall
promulgate regulations related to the process by which providers and
applicants will be informed whether the applicant is authorized or
unauthorized to care for children based on the outcome of such inquiry.

(b) (i) (A) Subject to the provisions of subdivision seven of this
section, a provider agency shall inquire of the office and the office
shall, subject to the provisions of paragraph (e) of this subdivision,
inform such agency and the subject of the inquiry whether any person who
is actively being considered for employment and who will have the
potential for regular and substantial contact with individuals who are
cared for by the agency, is the subject of an indicated child abuse and
maltreatment report on file with the statewide central register of child
abuse and maltreatment prior to permitting such person to have
unsupervised contact with such individuals. Such agency may inquire of
the office and the office shall inform such agency and the subject of
the inquiry whether any person who is currently employed and who has the
potential for regular and substantial contact with individuals who are
cared for by such agency is the subject of an indicated child abuse and
maltreatment report on file with the statewide central register of child
abuse and maltreatment. A provider agency shall also inquire of the
office and the office shall inform such agency and the subject of the
inquiry whether any person who is employed by an individual,
corporation, partnership or association which provides goods or services
to such agency who has the potential for regular and substantial contact
with individuals who are cared for by the agency, is the subject of an
indicated child abuse and maltreatment report on file with the statewide
central register of child abuse and maltreatment prior to permitting
such person to have unsupervised contact with such individuals.
Inquiries made to the office pursuant to this subparagraph by a provider
agency on current employees shall be made no more often than once in any
six month period.

(B) Notwithstanding clause (A) of this subparagraph, where the
provider agency is an authorized agency that operates a residential
program for foster children that is licensed or certified by the office
of children and family services such agency shall inquire of the office
and the office shall, subject to the provisions of paragraph (e) of this
subdivision, inform such agency and the subject of the inquiry whether:

(I) any person who is actively being considered for employment in such
program who is not already required to be cleared pursuant to clause (A)
of this subparagraph is the subject of an indicated child abuse and
maltreatment report on file with the statewide central register of child
abuse and maltreatment; and

(II) Notwithstanding any other provision of law to the contrary, prior
to April first, two thousand twenty and in accordance with a schedule
developed by the office of children and family services, whether any
person who is employed in a residential foster care program that has not
previously had a clearance conducted pursuant to this subparagraph in
connection to such employment is the subject of an indicated child abuse
and maltreatment report on file with the statewide central register of
child abuse and maltreatment.

(ii) A provider agency may inquire of the office and the office shall,
upon receipt of such inquiry and subject to the provisions of paragraph
(e) of this subdivision, inform such agency and the subject of the
inquiry whether any person who is to be hired as a consultant by such
agency who has the potential for regular and substantial contact with
individuals who are cared for by the agency is the subject of an
indicated child abuse and maltreatment report on file with the statewide
central register of child abuse and maltreatment.

(iii) A provider agency may inquire of the office and the office
shall, upon receipt of such inquiry and subject to the provisions of
paragraph (e) of this subdivision, inform such agency and the subject of
the inquiry whether any person who has volunteered his or her services
to such agency and who will have the potential for regular and
substantial contact with individuals who are cared for by the agency, is
the subject of an indicated child abuse and maltreatment report on file
with the statewide central register of child abuse and maltreatment.

(iv) The office shall promulgate regulations which effectuate the
provisions of this paragraph.

(c) An authorized agency shall inquire of the department and the
department shall inform such agency and the subject of the inquiry,
whether any person who has applied to adopt a child is the subject of an
indicated child abuse and maltreatment report on file with the statewide
central register of child abuse and maltreatment.

(d) Any person who has applied to a licensing agency for a
certificate, license or permit or who has applied to be an employee of a
provider agency or who has applied to an authorized agency to adopt a
child, or who may be hired as a consultant or used as a volunteer by a
provider agency and any other person about whom an inquiry is made to
the department pursuant to the provisions of this section shall be
notified by such agency at the time of application or prior to the time
that a person may be hired as a consultant or used as a volunteer that
the agency will or may inquire of the department whether such person is
the subject of an indicated child abuse and maltreatment report. All
employees of a provider agency shall be notified by their employers that
an inquiry may be made to the department pursuant to this section and no
such inquiry shall be made regarding any employee until such notice has
been made.

(d-1) A law enforcement agency pursuant to section eight hundred
thirty-seven-k of the executive law may inquire of the department and
the department may inform such agency and the subject of the inquiry,
whether any person who has applied for a symbol provided for in section
eight hundred thirty-seven-k of the executive law or persons residing or
regularly visiting said location are the subject of an indicated child
abuse and maltreatment report on file with the statewide central
register of child abuse and maltreatment.

(e) (i) Subject to the provisions of subparagraph (ii) of this
paragraph, the office of children and family services shall inform the
provider or licensing agency, or child care resource and referral
programs pursuant to subdivision six of this section whether or not the
person is the subject of an indicated child abuse and maltreatment
report only if:

(A) (I) the time for the subject of the report to request an amendment
of the record of the report pursuant to subdivision eight of section
four hundred twenty-two has expired without any such request having been
made; or

(II) such request was made within such time and a fair hearing
regarding the request has been finally determined by the commissioner
and the record of the report has not been amended to unfound the report
or delete the person as a subject of the report; and

(B) (I) the person is the subject of an indicated report of child
abuse; or

(II) the person is not the subject of an indicated report of child
abuse and is the subject of a report of child maltreatment where the
indication for child maltreatment occurred within less than eight years
from the date of the inquiry.

(ii) If the subject of an indicated report of child abuse or
maltreatment has not requested an amendment of the record of the report
and an inquiry is made to the office of children and family services
pursuant to this subdivision concerning the subject of the report, such
office shall, as expeditiously as possible but within no more than ten
working days of receipt of the inquiry, determine whether, in fact, the
person about whom an inquiry is made is the subject of an indicated
report. Upon making a determination that the person about whom the
inquiry is made is the subject of an indicated report of child abuse and
maltreatment, the office of children and family services shall
immediately send a written request to the child protective service or
state agency which was responsible for investigating the allegations of
abuse or maltreatment for all records, reports and other information
maintained by the service or state agency on the subject. The service or
state agency shall, as expeditiously as possible but within no more than
twenty working days of receiving such request, forward all records,
reports and other information it maintains on the indicated report to
the office of children and family services, including a copy of any
petition or court order based on the allegations that were indicated.
Where a proceeding pursuant to article ten of the family court act is
pending based on the same allegations that were indicated, the office of
children and family services shall stay determination of whether there
is a fair preponderance of the evidence to support the indication until
the disposition of such family court proceeding. Unless such
determination has been stayed, the office of children and family
services shall, within fifteen working days of receiving such records,
reports and other information from the child protective service or state
agency, review all records, reports and other information in its
possession concerning the subject and determine whether there is a fair
preponderance of the evidence to find that the subject had committed the
act or acts of child abuse or maltreatment giving rise to the indicated
report.

(iii) If it is determined, after affording such service or state
agency a reasonable opportunity to present its views, that there is not
a fair preponderance of the evidence in the record to find that the
subject committed such act or acts, the office of children and family
services shall amend the record to indicate that the report was
unfounded and notify the inquiring party that the person about whom the
inquiry is made is not the subject of an indicated report.

(iv) (A) If it is determined after a review by the office of all
records, reports and information in its possession concerning the
subject of the report that there is a preponderance of the evidence to
find that the subject committed the act or acts of child abuse or
maltreatment giving rise to the indicated report, the office shall also
determine whether such act or acts are relevant and reasonably related
to issues concerning the employment of the subject by a provider agency
or the subject being allowed to have regular and substantial contact
with individuals cared for by a provider agency or the approval or
disapproval of an application which has been submitted by the subject to
a licensing agency, based on guidelines developed pursuant to
subdivision five of this section. If it is determined that such act or
acts are not relevant and related to such issues, the office shall be
precluded from informing the provider or licensing agency which made the
inquiry to the office pursuant to this section that the person about
whom the inquiry is made is the subject of an indicated report of child
abuse or maltreatment.

(B) Where the subject of the report is not the subject of any
indicated report of child abuse and is the subject of a report of child
maltreatment where the indication for child maltreatment occurred more
than eight years prior to the date of the inquiry, any such indication
of child maltreatment shall be deemed to be not relevant and reasonably
related to employment.

(v) If it is determined after a review by the office of children and
family services of all records, reports and information in its
possession concerning the subject of the report that there is a fair
preponderance of the evidence to prove that the subject committed the
act or acts of abuse or maltreatment giving rise to the indicated report
the office of children and family services shall notify the subject of
the determination of such report and of the subject's right to request a
fair hearing. If the subject shall request a hearing, the office of
children and family services shall schedule a fair hearing and shall
provide notice of the scheduled hearing date to the subject, the
statewide central register and, as appropriate, to the child protective
service which investigated such report.

(vi) The burden of proof in such a hearing shall be on the child
protective service which investigated the report. In such a hearing,
where a family court proceeding pursuant to article ten of the family
court act has occurred and where the petition for such proceeding
alleges that a respondent in that proceeding committed abuse or
maltreatment against the subject child in regard to an allegation
contained in a report indicated pursuant to this section: (A) where the
court finds that such respondent did commit abuse or maltreatment there
shall be an irrebuttable presumption in a fair hearing held pursuant to
this subdivision that said allegation is substantiated by a fair
preponderance of the evidence as to that respondent on that allegation;
and (B) where such child protective service withdraws such petition with
prejudice, where the family court dismisses such petition, or where the
family court finds on the merits in favor of the respondent, there shall
be an irrebuttable presumption in a fair hearing held pursuant to this
subdivision that said allegation as to that respondent has not been
proven by a fair preponderance of the evidence.

(vii) If it shall be determined at the fair hearing that there is no
fair preponderance of the evidence in the record to find that the
subject committed an act or acts of child abuse or maltreatment, the
office of children and family services shall amend the record as to that
respondent on that allegation to reflect that such a finding was made at
the administrative hearing, order any child protective service which
investigated the report as to that respondent to similarly amend its
records of such report, notify the subject of the determination, and
notify the inquiring party that the person about whom such inquiry was
made is not the subject of an indicated report on that allegation.

(viii) Upon a determination at the fair hearing that the subject has
been shown, by a fair preponderance of the evidence to have committed
the act or acts of child abuse or maltreatment giving rise to the
indicated report, the hearing officer shall determine, based on
guidelines developed by the office of children and family services
pursuant to subdivision five of this section, whether such act or acts
are relevant and reasonably related to the subject being allowed to have
regular and substantial contact with children who are cared for by a
provider agency as defined in subdivision three of this section, or
relevant and reasonably related to the approval or disapproval of an
application submitted by the subject to a licensing agency as defined in
subdivision four of this section.

(ix) Upon a determination made at a fair hearing that the act or acts
of abuse or maltreatment are relevant and reasonably related to the
employment of the subject by a provider agency as defined in subdivision
three of this section, the subject being allowed to have regular and
substantial contact with children who are cared for by a provider agency
as defined in subdivision three of this section, or relevant and
reasonably related to the approval or disapproval of an application
submitted by the subject to a licensing agency as defined in subdivision
four of this section, the office of children and family services shall
notify the subject and shall inform the inquiring party that the person
about whom such inquiry was made is the subject of an indicated report
of child abuse or maltreatment.

(x) The failure to determine at the fair hearing that the act or acts
of abuse or maltreatment are relevant and reasonably related to the
employment of the subject by a provider agency as defined in subdivision
three of this section, the subject being allowed to have regular and
substantial contact with children who are cared for by a provider agency
as defined in subdivision three of this section, or relevant and
reasonably related to the approval or disapproval of an application
submitted by the subject to a licensing agency as defined in subdivision
four of this section, shall preclude the office of children and family
services from informing a provider agency as defined in subdivision
three of this section or licensing agency as defined in subdivision four
of this section that such person is the subject of an indicated report
of child abuse or maltreatment on that allegation.

(f) The office of children and family services shall charge a fee of
twenty-five dollars when it conducts a search of its records within the
statewide central register for child abuse or maltreatment in accordance
with this section or regulations of the office to determine whether an
applicant for employment is the subject of an indicated child abuse or
maltreatment report including an applicant to be a child day care
provider and a request made pursuant to subdivision six of this section.
Such fees shall be deposited in a special revenue - other account and
shall be made available to the office for costs incurred in the
implementation of this section.

(g) The office shall determine actions necessary to develop an
automated search, available for the use of the office, of records at the
statewide central registry of child abuse and maltreatment.

2. (a) Upon notification by the office or by a child care resource and
referral program in accordance with subdivision six of this section that
any person who has applied to a licensing agency for a license,
certificate or permit or who seeks to become an employee of a provider
agency, or to accept a child for adoptive placement or who will be hired
as a consultant or used as a volunteer by a provider agency, or that any
other person about whom an inquiry is made to the office pursuant to the
provisions of this section is the subject of an indicated report, the
licensing or provider agency shall determine on the basis of information
it has available whether to approve such application or retain the
employee or hire the consultant or use the volunteer or permit an
employee of another person, corporation, partnership or association to
have access to the individuals cared for by the provider agency,
provided, however, that if such application is approved, or such
employee is retained or consultant hired or volunteer used or person
permitted to have access to the children cared for by such agency the
licensing or provider agency shall maintain a written record, as part of
the application file or employment record, of the specific reasons why
such person was determined to be appropriate to receive a foster care or
adoption placement or to provide day care services, to be the director
of a camp subject to the provisions of article thirteen-B of the public
health law, to be approved as a successor guardian in accordance with
subparagraph (ii) of paragraph (b) of subdivision five of section four
hundred fifty-eight-b of this article, to be employed, to be retained as
an employee, to be hired as a consultant, used as a volunteer or to have
access to the individuals cared for by the agency.

(b) (i) Upon denial of such application by a licensing or a provider
agency or failure to hire the consultant or use the volunteer, or denial
of access by a person to the children cared for by the agency, or
failure to approve a successor guardian in accordance with subparagraph
(ii) of paragraph (b) of subdivision five of section four hundred
fifty-eight-b of this article, such agency shall furnish the applicant,
prospective consultant, volunteer or person who is denied access to the
children cared for by the agency with a written statement setting forth
whether its denial, failure to hire or failure to use was based, in
whole or in part, on such indicated report, and if so, its reasons for
the denial or failure to hire or failure to use.

(ii) Upon the termination of employment of an employee of a provider
agency, who is the subject of an indicated report of child abuse or
maltreatment on file with the statewide central register of child abuse
and maltreatment, the agency shall furnish the employee with a written
statement setting forth whether such termination was based, in whole or
in part, on such indicated report and, if so, the reasons for the
termination of employment.

(c) If the reasons for such denial or termination or failure to hire a
consultant or use a volunteer or failure to approve a successor guardian
in accordance with subparagraph (ii) of paragraph (b) of subdivision
five of section four hundred fifty-eight-b of this article include the
fact that the person is the subject of an indicated child abuse or
maltreatment report, such person may request from the department within
ninety days of receipt of notice of such denial, termination, failure to
hire a consultant or use a volunteer and shall be granted a hearing in
accordance with the procedures set forth in section twenty-two of this
chapter relating to fair hearings. All hearings held pursuant to the
provisions of this subdivision shall be held within thirty days of a
request for the hearing unless the hearing is adjourned for good cause
shown. Any subsequent adjournment for good cause shown shall be granted
only upon consent of the person who requested the hearing. The hearing
decision shall be rendered not later than sixty days after the
conclusion of the hearing.

(d) At any such hearing, the sole question before the department shall
be whether the applicant, employee, prospective consultant, volunteer,
prospective successor guardian or person who was denied access to the
children cared for by a provider agency has been shown by a fair
preponderance of the evidence to have committed the act or acts of child
abuse or maltreatment giving rise to the indicated report. In such
hearing, the burden of proof on the issue of whether an act of child
abuse or maltreatment was committed shall be upon the local child
protective service or the state agency which investigated the report, as
the case may be. The failure to sustain the burden of proof at a hearing
held pursuant to this section shall not result in the expungement or
unfounding of an indicated report but shall be noted on the report
maintained by the state central register and shall preclude the
department from notifying a party which subsequently makes an inquiry to
the department pursuant to this section that the person about whom the
inquiry is made is the subject of an indicated report.

(e) Upon the failure, at the fair hearing held pursuant to this
section, to prove by a fair preponderance of the evidence that the
applicant committed the act or acts of child abuse or maltreatment
giving rise to the indicated report, the department shall notify the
provider or licensing agency which made the inquiry pursuant to this
section that it should reconsider any decision to discharge an employee,
or to deny the subject's application for employment, or to become an
adoptive parent, or to become a successor guardian, or for a
certificate, license or permit; or not to hire a consultant, use a
volunteer, or allow access to children cared for by the agency.

3. For purposes of this section, the term "provider" or "provider
agency" shall mean: an authorized agency; the office of children and
family services; a private, nonprofit incorporated agency that meets the
state office of children and family services program standards for child
advocacy centers; juvenile detention facilities subject to the
certification of the office of children and family services; programs
established pursuant to article nineteen-H of the executive law;
non-residential or residential programs or facilities licensed or
operated by the office of mental health or the office for people with
developmental disabilities except family care homes; including head
start programs which are funded pursuant to title V of the federal
economic opportunity act of nineteen hundred sixty-four, as amended;
early intervention service established pursuant to section twenty-five
hundred forty of the public health law; preschool services established
pursuant to section forty-four hundred ten of the education law; special
act school districts as enumerated in chapter five hundred sixty-six of
the laws of nineteen hundred sixty-seven, as amended; programs and
facilities licensed by the office of alcoholism and substance abuse
services; residential schools which are operated, supervised or approved
by the education department; health homes, or any subcontractor of such
health homes, who contracts with or is approved or otherwise authorized
by the department of health to provide health home services to all those
enrolled pursuant to a diagnosis of a developmental disability as
defined in subdivision twenty-two of section 1.03 of the mental hygiene
law and enrollees who are under twenty-one years of age under section
three hundred sixty-five-l of this chapter, or any entity that provides
home and community based services to enrollees who are under twenty-one
years of age under a demonstration program pursuant to section eleven
hundred fifteen of the federal social security act; publicly-funded
emergency shelters for families with children, provided, however, for
purposes of this section, when the provider or provider agency is a
publicly-funded emergency shelter for families with children, then all
references in this section to the "potential for regular and substantial
contact with individuals who are cared for by the agency" shall mean the
potential for regular and substantial contact with children who are
served by such shelter; and any other facility or provider agency, as
defined in subdivision four of section four hundred eighty-eight of this
chapter, in regard to the employment of staff, or use of providers of
goods and services and staff of such providers, consultants, interns and
volunteers.

4. For purposes of this section, the term "licensing agency" shall
mean an authorized agency which has received an application to become an
adoptive parent or an authorized agency which has received an
application for a certificate or license to receive, board or keep any
child pursuant to the provisions of section three hundred seventy-six or
three hundred seventy-seven of this article or an authorized agency
which has received an application from a relative within the second
degree or third degree of consanguinity of the parent of a child or a
relative within the second degree or third degree of consanguinity of
the step-parent of a child or children, or the child's legal guardian
for approval to receive, board or keep such child, or an authorized
agency that conducts a clearance pursuant to paragraph (d) of
subdivision two of section four hundred fifty-eight-b of this article,
or a state or local governmental agency which receives an application to
provide child day care services in a child day care center, school-age
child care program, family day care home or group family day care home
or enrolled legally-exempt provider as such term is defined in
subdivision one-a of section three hundred ninety-b of this article
pursuant to the provisions of section three hundred ninety of this
article, or the department of health and mental hygiene of the city of
New York, when such department receives an application for a certificate
of approval to provide child day care services in a child day care
center pursuant to the provisions of the health code of the city of New
York, or the office of mental health or the office for people with
developmental disabilities when such office receives an application for
an operating certificate pursuant to the provisions of the mental
hygiene law to operate a family care home, or a state or local
governmental official who receives an application for a permit to
operate a camp which is subject to the provisions of article thirteen-B
of the public health law or the office of children and family services
which has received an application for a certificate to receive, board or
keep any child at a foster family home pursuant to articles nineteen-G
and nineteen-H of the executive law or any other facility or provider
agency, as defined in subdivision four of section four hundred
eighty-eight of this chapter, in regard to any licensing or
certification function carried out by such facility or agency.

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
subdivision three of this section, and a licensing agency, as defined by
subdivision four of this section, in evaluating persons about whom
inquiries are made to the office pursuant to this section who are the
subjects of indicated reports of child abuse and maltreatment, as
defined by subdivision four of section four hundred twelve 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.

6. A child care resource and referral program as defined in
subdivision two of section four hundred ten-p of this article may
inquire of the office of children and family services and the office
shall, upon receipt of such inquiry and subject to the provisions of
paragraph (e) of subdivision one of this section, inform such program
and the subject of such inquiry whether any person who has requested and
agreed to be included in a list of substitute child day care caregivers
for employment by registered or licensed day care providers maintained
by such program in accordance with regulations promulgated by the
office, is the subject of an indicated child abuse and maltreatment
report on file with the statewide central register of child abuse and
maltreatment. Inquiries made to the office by such programs pursuant to
this subdivision shall be made no more often than once in any six month
period and no less often than once in any twelve month period.
Notwithstanding any provision of law to the contrary, a child care
resource and referral program may redisclose such information only if
the purpose of such redisclosure is to respond to a request for such
information by a registered or licensed provider and only if after an
individual included in the list of substitute child day care caregivers
for employment by registered or licensed day care providers has
consented to be referred for employment to such inquiring agency. Upon
such referral, the provisions related to notice and fair hearing rights
of this section shall otherwise apply. Inquiries made pursuant to this
subdivision shall be in lieu of the inquiry requirements set forth in
paragraph (b) of subdivision one of this section.

7. Any facility, provider agency, or program that is required to
conduct an inquiry pursuant to section four hundred ninety-five of this
chapter 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 category one cases of abuse or neglect and the
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.