N.Y. Executive Law § 562: Abuse and neglect notification

§ 562. Abuse and neglect notification. 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.

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.