2006 New York Code - Functions, Powers And Duties Of The Commission.

 
  § 45.07 Functions, powers and duties of the commission.
    The commission shall have the following functions, powers and duties:
    (a) Review the organization and operations of the department of mental
  hygiene and advise and assist the governor in developing policies, plans
  and   programs  for  improving  the  administration  of  mental  hygiene
  facilities and the delivery of services therein and  for  ensuring  that
  the  quality of care provided to persons with mental disabilities in the
  state is of a uniformly high standard.
    (b) Review the cost  effectiveness  of  mental  hygiene  programs  and
  procedures  provided for by law with particular attention to efficiency,
  effectiveness and economy in the management, supervision and delivery of
  such programs. Such review may  include  but  is  not  limited  to:  (i)
  determining  reasons  for rising costs and possible means of controlling
  them; (ii) analyzing and comparing expenditures  in  mental  hygiene  to
  determine  the  factors  associated  with variations in costs; and (iii)
  analyzing and comparing achievements in selected  samples  to  determine
  the  factors  associated  with  variations  in program success and their
  relationship to mental hygiene costs.
    (c) 1. Establish  procedures  to  assure  effective  investigation  of
  complaints  of  patients,  residents  and  employees  of  mental hygiene
  facilities affecting such patients and residents  including  allegations
  of  patient  abuse  or  mistreatment,  including all reports of abuse or
  maltreatment of children in residential care as defined in paragraph (g)
  of subdivision seven of  section  four  hundred  twelve  of  the  social
  services  law and made pursuant to title six of article six of such law.
  Such procedures shall include but not be limited to receipt  of  written
  complaints,  interviews of persons, patients, residents and of employees
  and on-site monitoring of conditions. In addition, the commission  shall
  establish  procedures for the speedy and impartial review of patient and
  resident abuse and mistreatment allegations called to its  attention  in
  writing.
    2.  With  respect  to  reports of abuse or maltreatment of children in
  residential care as defined in paragraph (g)  of  subdivision  seven  of
  section four hundred twelve of the social services law and made pursuant
  to  title  six  of  article  six  of  such law except such facilities or
  programs enumerated in paragraph (h) of  subdivision  seven  of  section
  four hundred twelve of the social services law, in addition to complying
  with  requirements  of  applicable provisions of the social services law
  and this subdivision, the commission shall:
    a. receive  from  the  state  central  register  of  child  abuse  and
  maltreatment  on  a twenty-four hour, seven day a week basis all reports
  of suspected child abuse or maltreatment;
    b. maintain and keep up-to-date a child abuse and maltreatment  record
  of  all cases reported together with any additional information obtained
  and  a  record  of  the  final  disposition  of  the  report,  including
  recommendations  by  the commission and action taken with respect to the
  residential care facility or the subject of a report of child  abuse  or
  maltreatment pursuant to section 16.29 or 29.29 of this chapter;
    c.  not  later  than  seven  days after receipt of such report, send a
  preliminary written report  of  the  initial  investigation,  including,
  whenever  practicable,  an  evaluation  of  whether  or  not such report
  constitutes an allegation of child abuse or neglect and actions taken or
  contemplated,  to  the  state  central   register.   If   such   initial
  investigation  results  in  a  determination  that  the  report does not
  constitute an allegation of abuse or neglect, the commission shall refer
  such report to the  appropriate  office  of  the  department,  provided,
  however,  that the name and other personally identifiable information of
  the person making the report shall not be  provided  by  the  commission
  unless such person authorizes such disclosure;
    d.  give  telephone  notice  and forward immediately a copy of reports
  made which involve the death of a  child  to  the  appropriate  district
  attorney.    In  addition, telephone notice shall be given and a copy of
  all reports made shall be forwarded immediately by the commission to the
  appropriate district attorney if a prior request  in  writing  for  such
  notice  and  copies  has  been  made  to  the commission by the district
  attorney. Such request shall specify the kinds of allegations concerning
  which the district attorney requires such notice and copies;
    e. upon receipt  of  such  report  of  child  abuse  or  maltreatment,
  commence  within  twenty-four  hours, an appropriate investigation which
  shall include but not be limited to an  evaluation  of  the  residential
  care  facility in which the child resides who is named in the report and
  a determination of the risk to such child if  he  or  she  continues  to
  remain   in  the  existing  residential  care  facility  as  well  as  a
  determination  of  the  nature,  extent  and  cause  of  any   condition
  enumerated  in  such report and, after seeing to the safety of the child
  and, to the maximum extent feasible, the other children in the  facility
  forthwith:  (i) notify the subject of the report and other persons named
  in the report in writing of  the  existence  of  the  report  and  their
  respective  rights  pursuant  to  title six of article six of the social
  services law in regard to amendment; and (ii)  notify  the  director  or
  operator  of the residential facility and the office of mental health or
  the office of mental retardation and developmental disabilities  of  the
  existence  of  such report including the name of any child alleged to be
  abused or maltreated, the name of the subject of  the  report  of  child
  abuse  or maltreatment, and any other information which may be necessary
  to assure the health and safety of the children in the residential  care
  facility;
    f.   comply   with   the  terms  and  conditions  for  maintenance  of
  confidential records and due process rights of the subject of the report
  of child  abuse  or  maltreatment  pursuant  to  sections  four  hundred
  twenty-two and four hundred twenty-four-a of the social services law;
    g.  determine  within sixty days, whether the report is "indicated" or
  "unfounded"; and
    h. assist the criminal court during all stages of the court proceeding
  in accordance with the purposes of title  six  of  article  six  of  the
  social services law and other applicable provisions of law.
    3.  Where  the  office of children and family services determines that
  some credible evidence of the alleged abuse or maltreatment exists,  the
  commission  shall recommend to the office of mental health or the office
  of mental retardation and developmental disabilities, as  the  case  may
  be,  that  appropriate  preventive  and remedial actions including legal
  actions, consistent with appropriate  collective  bargaining  agreements
  and  applicable  provisions  of  the  civil service law, and pursuant to
  standards of such offices, promulgated  pursuant  to  section  16.29  or
  29.29  of  this  chapter  and  other  applicable  provisions  of law, be
  undertaken with respect  to  a  residential  care  facility  and/or  the
  subject  of  the report of child abuse or maltreatment. However, nothing
  in  this  paragraph   shall   prevent   the   commission   from   making
  recommendations,  as  provided  for  by  this paragraph, even though the
  investigation may fail to result in a determination that there  is  some
  credible evidence of the alleged abuse or maltreatment.
    4.  In  order  to  assure  effective investigation of reports of child
  abuse and maltreatment made pursuant to title six of article six of  the
  social  services  law,  the commission shall establish standards for the
  provision of training to its employees charged with the investigation of
  such reports, in at least the  following:  (a)  basic  training  in  the
  principles and techniques of investigation, including relationships with
  other  investigative  bodies,  (b)  legal  issues  in  child  protection
  including  the  legal  rights of children, employees and volunteers, (c)
  methods of identification, remediation, treatment  and  prevention,  (d)
  safety  and  security  procedures,  and  (e)  the  principles  of  child
  development, the characteristics of children in care, and techniques  of
  group and child management including crisis intervention. The commission
  shall  take  all  reasonable  and  necessary  actions to assure that its
  employees are kept apprised on a current  basis  of  all  department  of
  mental  hygiene  policies  and  procedures relating to the protection of
  children from abuse and maltreatment.
    5. The commission shall prepare an annual report to the  governor  and
  legislature on the protection of children in residential care from abuse
  and maltreatment, including the implementation of the provisions of this
  paragraph  and  other  applicable  provisions  of law, including reports
  received, results of investigations by  types  of  facilities,  remedial
  actions taken, and efforts undertaken by the office of mental health and
  the  office  of  mental  retardation  and  developmental disabilities to
  provide training pursuant  to  standards  established  by  such  offices
  pursuant to section 16.29 or 29.29 of this chapter.
    (d)  Conduct periodic orientation, training and informational programs
  upon appointment or reappointment, and as otherwise  needed,  to  assist
  the  members of the boards of visitors to fulfill their responsibilities
  pursuant to law.
    (e) 1. Visit, inspect and appraise the management  of  mental  hygiene
  facilities  with  specific attention to the safety, security and quality
  of care provided to patients and residents.
    2. Provide staff and other necessary assistance upon request to boards
  of visitors of department facilities in performing their duties pursuant
  to law.
    3. Receive and review periodic and annual reports  of  the  boards  of
  visitors of each department facility.
    4. Place such members of its staff as it deems appropriate as monitors
  in any mental hygiene facility which, in the judgment of the commission,
  presents  an  imminent  danger  to the health or safety of the patients,
  residents or employees of such facility.
    (f) 1. Make a preliminary determination whether  matters  referred  to
  its attention warrant investigation and, if so, conduct an investigation
  of such scope and duration as it deems necessary and proper.
    2.  Make  findings  concerning  matters referred to its attention and,
  where it deems appropriate, make  a  report  and  recommendations.  Such
  report shall be delivered to the commissioner and to the director of the
  facility  involved.  Such  commissioner  and  director shall each make a
  written report of actions taken regarding each  of  the  recommendations
  within  ninety days of receipt of the report. If such response indicates
  that any of the recommendations have not  been  fully  implemented,  the
  commission  may  require  further  periodic progress reports as it deems
  appropriate. If it appears that a crime may  have  been  committed,  the
  commission  shall  give notice thereof to the district attorney or other
  appropriate law enforcement official.
    (g) Make an annual report to the governor and  legislature  concerning
  its  work during the preceding year, and such further interim reports to
  the governor, or to the governor  and  legislature,  as  it  shall  deem
  advisable, or as shall be required by the governor.
    (h)  Accept,  with the approval of the governor, as agent of the state
  any grant, including federal grants, or any gift for any of the purposes
  of this  article.  Any  moneys  so  received  may  be  expended  by  the
  commission  to  effectuate  any  purpose of this article, subject to the
  same limitations as  to  approval  of  expenditures  and  audit  as  are
  prescribed  for  state  moneys  appropriated  for  the  purposes of this
  article.
    (i)   Enter   into  contracts  with  any  person,  firm,  corporation,
  municipality or governmental agency for  the  performance  of  functions
  authorized by law.
    (j)  Adopt,  amend  or  rescind  such  rules and regulations as may be
  necessary or convenient to the performance of the functions, powers  and
  duties of the commission.
    (k)  1.  Establish  an  adult  home  and residence for adults resident
  advocacy program to assist residents, who have at any time  received  or
  are  receiving  services  from a mental hygiene provider, of adult homes
  and residences for adults, as defined  in  section  two  of  the  social
  services   law,  where  at  least  twenty-five  percent  or  twenty-five
  residents, whichever is less, have at any time received or are receiving
  services from a mental hygiene provider which is licensed,  operated  or
  funded  by  the  office of mental health or office of mental retardation
  and developmental disabilities, in understanding their legal rights, and
  to promote and protect the rights of such residents. Based on the  level
  of  appropriations  made available therefor, the chair of the commission
  shall determine the  feasibility  of  establishing  such  program  on  a
  statewide  basis  or,  if not so feasible, the chair, after consultation
  with the commissioner of the department of health, shall designate those
  regions in which such program may be established.
    2. In establishing such program, the commission shall  provide  grants
  to   non-profit  organizations  with  expertise  in  providing  advocacy
  services to the persons with disabilities. Entities which  are  eligible
  for  funding  pursuant  to  this  subdivision must be independent of any
  agency which provides treatment or  care  to  residents  of  adult  care
  facilities  and  must  have the capacity to protect and advocate for the
  rights of residents of such facilities. Such grants  shall  be  used  to
  expand   the   capacity   of   organizations   to  assist  residents  in
  understanding their rights and to pursue administrative, legal or  other
  remedies  on  behalf  of  residents  to  assure  the protection of their
  rights. Any organization receiving funding pursuant to this  subdivision
  shall  be  granted  access  to  adult homes and residences for adults as
  defined in section two of the social services law.
    3. The commission shall, prior to making any grant  pursuant  to  this
  subdivision,  receive  assurances  that  such  funds  will  be  used  to
  supplement existing resources available to  any  such  organization  and
  that  the  staff  of such organization are trained or will be trained in
  matters related to the rights of residents of adult homes and residences
  for adults as defined in section two of the social services law and  the
  standards governing the operation of such facilities.
    (l)  Advise  and  assist  persons  with  disabilities, family members,
  advocates,  service  providers  and  community  organizations   in   the
  formation  of  strategies  to identify and meet the needs of individuals
  with disabilities for services, supports, and advocacy.
    (m) Advise and assist the governor, the  legislature  and  public  and
  private entities in the development and implementation of state policies
  which  meet  the needs of persons with disabilities in a manner which is
  respectful of the rights and choices of persons with disabilities.
    (n) Serve as a clearinghouse for  information  relating  to  services,
  supports,  and  advocacy  for  persons  with  disabilities and provide a
  statewide system of information and referral  to  link  persons  seeking
  information  and  assistance  with  public  and private sector services,
  supports, and advocacy which may be appropriate to meet their needs.
    (o) Advise and assist the governor, the legislature,  state  agencies,
  persons  with disabilities and public and private sector entities in the
  design  and  implementation  of  initiatives  to  increase   access   to
  technology related assistance for individuals with disabilities.
    (p)  Administer  such  protection  and  advocacy and client assistance
  programs as  may  be  established  by  federal  law,  pursuant  to  such
  authorization or designation as may be required.
    (q)  Administer  the  surrogate  decision-making committee program, as
  authorized pursuant to article eighty of this chapter.
    (r) Stimulate community interest  in  the  problems  of  persons  with
  disabilities  and  promote  public  awareness  of resources available to
  persons with disabilities.
    (s) Advise and assist political  subdivisions  of  the  state  in  the
  development of local programs for persons with disabilities.
    (t)  Advise  and  assist  educational institutions in the state in the
  development of courses of  study  for  persons  engaged  in  public  and
  private programs for persons with disabilities.
    (u)  Conduct  or  cause  to  be conducted such studies of the needs of
  persons with disabilities as may be appropriate.
    (v) Do all other things necessary  or  convenient  to  carry  out  its
  functions, powers and duties set forth in this article.
    (w)  Receive  and review reports required pursuant to section 16.19 of
  this chapter and take any action as  required  by  law.  The  commission
  shall  also  assist the commissioner of the office of mental retardation
  and   developmental   disabilities   in   developing    and    preparing
  recommendations required by paragraph four of subdivision (d) of section
  16.19  of  this  chapter  for  submission  to  the  governor,  temporary
  president of the senate and speaker of the assembly.