N.Y. Mental Hygiene Law § 31.30: Abuse, neglect, and significant incidents involving vulnerable persons

§ 31.30 Abuse, neglect, and significant incidents involving vulnerable

persons.

(a) The commissioner in consultation with the executive director of

the justice center for the protection of people with special needs,

shall promulgate regulations establishing standards for the protection

of service recipients in the care of facilities and provider agencies

operated, licensed or certified by the office from reportable incidents

pursuant to article eleven of the social services law, including

procedures for:

1. consistent with appropriate collective bargaining agreements and

applicable provisions of the civil service law, assisting the justice

center for the protection of people with special needs with its review

and evaluation of criminal background checks of prospective employees,

as set forth in subdivision five of section five hundred fifty-three of

the executive law;

2. establishing minimal experiential and educational qualifications

for employees that are consistent with appropriate collective bargaining

agreements and applicable provisions of the civil service law;

3. assuring adequate and appropriate supervision of employees,

volunteers and consultants;

4. demonstrating that appropriate action is taken to assure the safety

of the service recipient as well as other persons in care, immediately

upon notification that a reportable incident has been made in accordance

with article eleven of the social services law;

4-a. consistent with applicable collective bargaining agreements

assuring that an individual who has committed a category one offense, as

defined in paragraph (a) of subdivision four of section four hundred

ninety-three of the social services law, that is included on the

vulnerable persons' central register is not hired or otherwise used in

any position in which such individual would have regular and substantial

contact with a service recipient in any program operated, licensed or

certified by the office;

5. removing a service recipient when it is determined that there is

risk to such person if he or she continues to remain in a facility; and

6. taking appropriate preventive and remedial actions, including legal

action, consistent with appropriate collective bargaining agreements and

applicable provisions of the civil service law. The commissioner shall

adopt standards as established by the justice center for the protection

of people with special needs, that:

(i) administrators, employees, volunteers and consultants receive

training in at least the following: abuse prevention and identification,

safety and security procedures, the principles of child development, the

characteristics of persons in care and techniques of group management

including crisis intervention, the laws, rules and regulations and

procedures governing the protection of vulnerable persons from

reportable incidents and other appropriate topics; provided, however,

that the office may exempt administrators and consultants from such

requirements upon demonstration of substantially equivalent knowledge or

experience; and

(ii) service recipients receive instruction consistent with their age,

needs and circumstances as well as the needs and circumstances within

the facility or program, in techniques and procedures that will enable

them to advocate and protect themselves from reportable incidents.

The commissioner, in consultation with the executive director of the

justice center for the protection of people with special needs, shall

take all reasonable and necessary actions to assure that employees,

volunteers or consultants in facilities operated or overseen by the

office are kept apprised on a current basis of all policies and

procedures relating to the protection of vulnerable persons and shall

monitor and supervise the provision of training to such administrators,

employees, volunteers, children and consultants. Standards developed

pursuant to this subdivision shall, to the extent possible, be

consistent with those promulgated by other state agencies for such

purposes.

(b) The commissioner shall provide necessary assistance to the justice

center for the protection of people with special needs in the conduct of

investigations pursuant to article eleven of the executive law, shall

consider its recommendations for appropriate preventive and remedial

action including legal actions, and shall provide or direct a

residential facility licensed or operated by the office of mental health

to provide written reports thereon to such justice center as to the

implementation of plans of prevention and remediation.

(c) The commissioner shall provide for the development and

implementation of a plan of prevention and remediation with respect to a

substantiated report of a reportable incident. Such action shall

include:

1. within ten days of receipt of a substantiated report of a

reportable incident, development and implementation of a plan of

prevention and remediation to be taken to assure the continued health,

safety, and welfare of service recipients and to provide for the

prevention of future acts of reportable incidents; and

2. development and implementation of a plan of prevention and

remediation, in the event an investigation of a report of an alleged

reportable incident determines that such report is substantiated and

such reportable incident may be attributed in whole or in part to

noncompliance by the facility with provisions of this chapter or

regulations of the respective office applicable to the operation of such

facility. Any plan of prevention and remediation required to be

developed pursuant to this subdivision by a facility supervised by the

office shall be submitted to and approved by such office in accordance

with time limits established by rules and regulations of such office.

Implementation of the plan shall be monitored by such office or the

justice center. In reviewing the continued qualification of a

residential facility or program for an operating certificate, the office

having supervisory responsibilities shall evaluate such facility's

compliance with plans of prevention and remediation developed pursuant

to this subdivision.