2006 New York Code - Confinement, Care And Treatment Of The Mentally Retarded And Developmentally Disabled.

 
  § 16.19 Confinement,  care  and  treatment  of the mentally retarded and
            developmentally disabled.
    (a) No individual who  is  or  appears  to  be  mentally  retarded  or
  developmentally  disabled  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 abusing or mistreating or  detaining  a  mentally
  retarded  or  developmentally  disabled  person or providing inadequate,
  unskillful, cruel or unsafe care or supervision for such a person.
    (d) (1) In order to facilitate  the  purposes  of  this  section,  the
  following   persons   and  officials  are  required  to  report  to  the
  commissioner when they have reason to believe that an  adult  who  comes
  before  them  in  their  professional capacity has mental retardation or
  another developmental disability and has been abused or  mistreated,  or
  when the parent, guardian, custodian or other person legally responsible
  for  such  individual  with  mental  retardation  or other developmental
  disability  states  from  personal  knowledge   facts,   conditions   or
  circumstances  which,  if  correct,  would  render the adult with mental
  retardation or other developmental disability abused or mistreated:  any
  physician;  registered  physician  assistant; surgeon; medical examiner;
  coroner;   dentist;   dental    hygienist;    osteopath;    optometrist;
  chiropractor;   podiatrist;  resident;  intern;  psychologist;  physical
  therapist; occupational therapist,  speech  pathologist;  rehabilitation
  counselor;   registered   nurse;   social   worker;   emergency  medical
  technician; hospital and outpatient  clinic  personnel  engaged  in  the
  admission,  examination,  care or treatment of persons; school official;
  social  services  worker;  day  care  center   worker;   mental   health
  professional;  substance  abuse  counselor;  alcoholism counselor; peace
  officer;  police  officer;  district  attorney  or  assistant   district
  attorney; investigator employed in the office of a district attorney; or
  other  law  enforcement  official.  Whenever  such person or official is
  required to report under this subdivision in his or her  capacity  as  a
  member of the staff of a medical or other public or private institution,
  school,  facility  or  agency,  he  or  she shall immediately notify the
  person in charge of such institution, school, facility or agency, or his
  or her designated agent, who  then  also  shall  become  responsible  to
  report  or  cause  reports  to  be  made  in  such  timely manner as the
  commissioner shall prescribe pursuant to regulation. However, nothing in
  this subdivision shall be construed to require more than one report from
  any such institution, school or agency. This section shall not  preclude
  any  adult in addition to those listed from making such a report if such
  person has reasonable cause to believe an adult with mental  retardation
  or  another  developmental disability has been abused or maltreated. Nor
  shall this section relieve any person,  professional  or  official  from
  their  obligation  to report an allegation of child abuse as required by
  sections four hundred thirteen through four hundred twenty of the social
  services law.
    (2) If, upon receiving a report  required  by  this  subdivision,  the
  commissioner  has  reason  to  believe  that an adult has been abused or
  mistreated, the commissioner may intervene pursuant to subdivisions (a),
  (b), or (c) of this section or, 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.
    a.  If  notified  by the commissioner, adult protective services shall
  take such action it deems appropriate no later  than  seventy-two  hours
  after receiving such notification.
    b. Immediately after taking action with respect to an adult who is the
  subject  of  a  report  from the commissioner, adult protective services
  shall indicate and describe to the commissioner what action it has taken
  with respect to the adult who  is  the  subject  of  the  commissioner's
  report. Adult protective services shall also indicate what assistance it
  requires  from  the  commissioner in order to ensure the safety and well
  being of the adult who is subject of the  report.  Upon  receiving  such
  request,  the  commissioner shall review all options available to comply
  with such request and shall  report  his  or  her  conclusion  to  adult
  protective  services  within  seventy-two  hours. The commissioner shall
  include in such  report  the  specific  services  available  and  if  no
  services  are available, if and when such services can be expected to be
  available. Copies  of  the  report  shall  be  submitted  to  the  state
  commission   on   quality   of   care  and  advocacy  for  persons  with
  disabilities.
    c. 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   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 the effective date of this subdivision.
    (3) Any person or official or  institution  subject  to  this  section
  shall  have  immunity  from  prosecution  for  any  liability,  civil or
  criminal, provided they have acted reasonably and in good faith. For the
  purposes of any proceeding, civil or criminal, the good  faith  of  such
  person, official or institution shall be presumed, provided such person,
  official or institution was acting in discharge of his or her duties and
  within  the  scope of his or her employment, and that such liability did
  not result from the willful  misconduct  or  gross  negligence  of  such
  person, official or institution.
    (4)   The  commissioner  shall  summarize  the  reports  of  abuse  or
  mistreatment made to him or her pursuant to this subdivision  and  shall
  submit  such  summary to the governor, temporary president of the senate
  and speaker of the assembly by September first, two  thousand  six,  and
  annually  thereafter.  In consultation with the commission on quality of
  care and advocacy for persons with disabilities, the commissioner  shall
  include  in  such  summary  a description of systemic issues revealed by
  such reports; a summary of  strategies  used  for  intervening  in  such
  cases;  an  evaluation  of  the  success  of  such  strategies; and, any
  recommendations the  commissioner  believes  are  necessary  to  protect
  adults from abuse or mistreatment reported pursuant to this section.