2021 New York Laws
EXC - Executive
Article 20 - Protection of People With Special Needs
562 - Abuse and Neglect Notification.

§  562.  Abuse and neglect notification. * 1. Upon receiving a request
for criminal history information,  pursuant  to  section  eight  hundred
forty-five-b of this chapter, for a prospective employee or volunteer of
a  facility  or  provider licensed, operated, or certified by the office
for people with developmental disabilities,  the  justice  center  shall
furnish  a  summary  of  any  substantiated  reports  in  its possession
regarding a finding of category two conduct  pursuant  to  section  four
hundred  ninety-three  of  the  social  services  law,  by a prospective
employee or volunteer, if all relevant hearings and  appeals  have  been
exhausted.  The  justice center shall provide such summary report to the
authorized person as defined in paragraph  (b)  of  subdivision  one  of
section eight hundred forty-five-b of this chapter and at that same time
furnish  such  documents to the prospective employee or volunteer at the
address for such person listed on the request.
  * NB Effective until December 28, 2021
  * 1. (a) Upon receiving a request for  criminal  history  information,
pursuant  to  section  eight hundred forty-five-b of this chapter, for a
prospective employee or volunteer of a facility  or  provider  licensed,
operated,  or  certified  by  the  office  for people with developmental
disabilities,  the  justice  center  shall  furnish  a  summary  of  any
substantiated  reports  in  its  possession regarding a final finding of
category two conduct pursuant to section four  hundred  ninety-three  of
the  social  services  law,  by a prospective employee or volunteer. The
justice center shall provide  such  summary  report  to  the  authorized
person  as  defined in paragraph (b) of subdivision one of section eight
hundred forty-five-b of this chapter and at that same time furnish  such
documents  to  the  prospective employee or volunteer at the address for
such person listed on the request.
  (b) Notwithstanding paragraph (a) of this subdivision, a  facility  or
provider  licensed,  operated or certified by the office for people with
developmental disabilities shall be provided  a  summary  of  any  final
finding  of  category  two  conduct  pursuant  to  section  four hundred
ninety-three of the social services  law,  for  a  current  employee  or
volunteer,  where the substantiated category two conduct in such summary
occurred at another facility or  provider  agency.  The  justice  center
shall  additionally provide such summary to the employee or volunteer if
such summary has not previously been provided.
  (c) For the purposes of this subdivision, a final finding of  category
two  conduct  shall  mean  a finding for which all relevant hearings and
appeals have been exhausted and has not been sealed in  accordance  with
section four hundred ninety-three of the social services law.
  * NB Effective December 28, 2021
  2.  The summary report provided by the justice center to a provider of
services pursuant to subdivision one of this section shall  be  received
by the provider subject to the confidentiality provisions of subdivision
seven of section eight hundred forty-five-b of this chapter.