Public-domain · open source
OpenJurist

N.Y. Exec. Law § 562

Abuse and neglect notification

Redline — January 1, 2022 → current.View current text →
Current — January 1, 2023
As of January 1, 2022
§ 562. Abuse and neglect notification. * 1. Upon receiving a request\nfor criminal history information, pursuant to section eight hundred\nforty-five-b of this chapter, for a prospective employee or volunteer of\na facility or provider licensed, operated, or certified by the office\nfor people with developmental disabilities, the justice center shall\nfurnish a summary of any substantiated reports in its possession\nregarding a finding of category two conduct pursuant to section four\nhundred ninety-three of the social services law, by a prospective\nemployee or volunteer, if all relevant hearings and appeals have been\nexhausted. The justice center shall provide such summary report to the\nauthorized person as defined in paragraph (b) of subdivision one of\nsection eight hundred forty-five-b of this chapter and at that same time\nfurnish such documents to the prospective employee or volunteer at the\naddress for such person listed on the request.\n * NB Effective until December 28, 2021\n * 1. (a) Upon receiving a request for criminal history information,\npursuant to section eight hundred forty-five-b of this chapter, for a\nprospective employee or volunteer of a facility or provider licensed,\noperated, or certified by the office for people with developmental\ndisabilities, the justice center shall furnish a summary of any\nsubstantiated reports in its possession regarding a final finding of\ncategory two conduct pursuant to section four hundred ninety-three of\nthe social services law, by a prospective employee or volunteer. The\njustice center shall provide such summary report to the authorized\nperson as defined in paragraph (b) of subdivision one of section eight\nhundred forty-five-b of this chapter and at that same time furnish such\ndocuments to the prospective employee or volunteer at the address for\nsuch person listed on the request.\n (b) Notwithstanding paragraph (a) of this subdivision, a facility or\nprovider licensed, operated or certified by the office for people with\ndevelopmental disabilities shall be provided a summary of any final\nfinding of category two conduct pursuant to section four hundred\nninety-three of the social services law, for a current employee or\nvolunteer, where the substantiated category two conduct in such summary\noccurred at another facility or provider agency. The justice center\nshall additionally provide such summary to the employee or volunteer if\nsuch summary has not previously been provided.\n (c) For the purposes of this subdivision, a final finding of category\ntwo conduct shall mean a finding for which all relevant hearings and\nappeals have been exhausted and has not been sealed in accordance with\nsection four hundred ninety-three of the social services law.\n * NB Effective December 28, 2021\n 2. The summary report provided by the justice center to a provider of\nservices pursuant to subdivision one of this section shall be received\nby the provider subject to the confidentiality provisions of subdivision\nseven of section eight hundred forty-five-b of this chapter.\n
§ 562. Abuse and neglect notification. 1. (a) Upon receiving a request\nfor criminal history information, pursuant to section eight hundred\nforty-five-b of this chapter, for a prospective employee or volunteer of\na facility or provider licensed, operated, or certified by the office\nfor people with developmental disabilities, the justice center shall\nfurnish a summary of any substantiated reports in its possession\nregarding a final finding of category two conduct pursuant to section\nfour hundred ninety-three of the social services law, by a prospective\nemployee or volunteer. The justice center shall provide such summary\nreport to the authorized person as defined in paragraph (b) of\nsubdivision one of section eight hundred forty-five-b of this chapter\nand at that same time furnish such documents to the prospective employee\nor volunteer at the address for such person listed on the request.\n (b) Notwithstanding paragraph (a) of this subdivision, a facility or\nprovider licensed, operated or certified by the office for people with\ndevelopmental disabilities shall be provided a summary of any final\nfinding of category two conduct pursuant to section four hundred\nninety-three of the social services law, for a current employee or\nvolunteer, where the substantiated category two conduct in such summary\noccurred at another facility or provider agency. The justice center\nshall additionally provide such summary to the employee or volunteer if\nsuch summary has not previously been provided.\n (c) For the purposes of this subdivision, a final finding of category\ntwo conduct shall mean a finding for which all relevant hearings and\nappeals have been exhausted and has not been sealed in accordance with\nsection four hundred ninety-three of the social services law.\n 2. The summary report provided by the justice center to a provider of\nservices pursuant to subdivision one of this section shall be received\nby the provider subject to the confidentiality provisions of subdivision\nseven of section eight hundred forty-five-b of this chapter.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.