N.Y. Mental Hygiene Law § 16.19: Confinement, care and treatment of persons with developmental disabilities

§ 16.19 Confinement, care and treatment of persons with developmental

disabilities.

(a) No individual who is or appears to have a developmental disability

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 subjecting a person with a developmental

disability to physical, sexual, or emotional abuse, or active, passive

or self neglect, or detaining a person with a developmental disability

or providing inadequate, unskillful, cruel or unsafe care or supervision

for such a person.

(d) (1) If, upon receiving a report that any adult thought to have a

developmental disability has been subjected to physical, sexual, or

emotional abuse, or active, passive or self neglect, and the

commissioner has reason to believe that such adult is known by the

commissioner to have received services from providers duly authorized by

the commissioner and has been subjected to such abuse or neglect, the

commissioner shall intervene pursuant to this section or, if such adult

has not received services from said authorized providers, the

commissioner shall, 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 and indicate if such report was referred to

adult protective services.

(2) 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 shall define the responsibilities of each developmental

disability services office and social services district with respect to

reports pursuant to paragraph one of this subdivision and reasonable

time frames for implementing such responsibilities. 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 ninety days after the

effective date of this subdivision. A developmental disabilities

services office shall be deemed a provider of services for the purposes

of access to adult protective records under section four hundred

seventy-three-e of the social services law.

(e) The commissioner shall promulgate rules and regulations requiring

that when the office or a provider licensed, certified or operated by

the office conducts an investigation regarding potential abuse,

maltreatment or neglect of a person receiving services, any affected

employee or volunteer shall be provided a copy of regulations and

procedures governing such investigations and, in writing, notify the

employee or volunteer subject of the investigation of the right and

procedures for obtaining and responding to any report filed by the

provider with the office in accordance with this section.