2016 New York Laws
SOS - Social Services
Article 11 - (Social Services) PROTECTION OF PEOPLE WITH SPECIAL NEEDS
495 - Register of substantiated category one cases of abuse or neglect.

  495.  Register  of  substantiated  category  one  cases of abuse or
  neglect. 1. The justice center shall develop and maintain a register  of
  subjects of reports who have been found to have a substantiated category
  one  case  of  abuse  or  neglect,  in  accordance with paragraph (a) of
  subdivision four of section four hundred ninety-three of  this  article,
  and  who  have:  (a)  not  requested an amendment of the findings of the
  report in the time specified in subdivision one of section four  hundred
  ninety-four  of  this  article;  or  (b)  been  heard  pursuant  to such
  subdivision and all the findings of the report were not  amended  to  be
  unsubstantiated.
2.  All facility and provider agencies, other providers of services to
  vulnerable persons in programs licensed,  certified  or  funded  by  any
  state  oversight  agency  and  other  provider and licensing agencies as
  defined  in  subdivision  three  or  four  of   section   four   hundred
  twenty-four-a  of this chapter shall check the register of substantiated
  category one cases of abuse or neglect  before  determining  whether  to
  hire  or  otherwise  allow  any  person  as  an employee, administrator,
  consultant, intern, volunteer or contractor who will have the  potential
  for  regular  and substantial contact with a service recipient or before
  approving an applicant for  a  license,  certificate,  permit  or  other
  approval  to  provide  care  to a service recipient. (For state entities
  bound by collective bargaining, such action  established  by  collective
  bargaining shall govern.)
3. If a person is listed on the register of substantiated category one
  cases  of  abuse or neglect, a facility or provider agency and all other
  providers of services to vulnerable  persons  in  programs  licensed  or
  certified  by any state oversight agency shall not hire such a person to
  have regular and substantial contact with a  service  recipient  in  any
  such  facility  or  program.  Other  providers  or licensing agencies as
  defined  in  subdivision  three  or  four  of   section   four   hundred
  twenty-four-a  of  this chapter shall determine whether to hire or allow
  such a person to have regular or  substantial  contact  with  a  service
  recipient  in  accordance  with  the  provisions  of subdivision five of
  section four hundred twenty-four-a of this chapter.
4. A custodian shall be subject to immediate termination if he or  she
  is convicted of any crime as defined in subdivision six of section 10.00
  of  the  penal  law  that  relates directly to the abuse or neglect of a
  vulnerable person,  or  is  placed  on  the  register  of  substantiated
  category  one  cases  of  abuse or neglect. (For state entities bound by
  collective bargaining, such action established by collective  bargaining
  shall govern.)
5.  Placement on the register shall be permanent, unless the office is
  officially notified of the individual's death.
6. Nothing in this article  shall  diminish  the  rights  or  remedies
  otherwise  available  under  law,  regulation  or appropriate collective
  bargaining agreements of any facility or provider agency with respect to
  the termination or discipline of employees.