N.Y. Social Services Law § 460-c: Inspection and supervision

§ 460-c. Inspection and supervision. 1. Excepting state institutions

for the education and support of the blind, the deaf and the dumb,

facilities subject to the approval, visitation and inspection of the

state department of mental hygiene or the state commission of

correction, facilities operated by or under the supervision of the

division for youth and facilities subject to the supervision of the

department of health pursuant to article twenty-eight of the public

health law, the department shall inspect and maintain supervision over

all public and private facilities or agencies whether state, county,

municipal, incorporated or not incorporated which are in receipt of

public funds, which are of a charitable, eleemosynary, correctional or

reformatory character, including facilities or agencies exercising

custody of dependent, neglected, abused, maltreated, abandoned or

delinquent children, agencies engaged in the placing-out or boarding-out

of children as defined in section three hundred seventy-one of this

chapter, homes or shelters for unmarried mothers, residential programs

for victims of domestic violence as defined in subdivision five of

section four hundred fifty-nine-a of this chapter and adult care

facilities.

2. Upon inspection of any facility subject to the inspection and

supervision of the department pursuant to subdivision one of this

section, inquiry may be made to ascertain:

(a) whether the objectives of the facility or agency are being

accomplished;

(b) whether all applicable provisions of law and regulations of the

department are being fully complied with;

(c) the general management and financial condition of the facility,

including any sources of public funds received;

(d) its methods of and equipment for scholastic and career education,

and whether the same are best adapted to the needs of the residents and

beneficiaries;

(e) its methods of administration;

(f) its methods of and equipment for providing care, medical

attention, treatment and discipline of its residents and beneficiaries,

and whether the same are best adapted to the needs of the residents and

beneficiaries;

(g) the qualifications and general conduct of its officers and

employees;

(h) the condition of its grounds, buildings and other property; and

(i) any other matter connected with or pertaining to its usefulness

and good management or to the interests of its residents or

beneficiaries.

2-a. Special procedures relating to abuse and neglect of vulnerable

persons. (a) If the report of an investigation of abuse or neglect is

substantiated in accordance with article eleven of this chapter, the

director or operator of a residential facility or program shall submit

to the department, within ten business days of receipt of notice of the

substantiated report, a written plan of prevention and remediation to be

taken with respect to the subject of such report to protect the

continued health, safety and welfare of the service recipients and

provide for the prevention of future acts of abuse or neglect. The

department shall approve or disapprove such plan and specify necessary

revisions within ten days of its receipt and shall monitor its

implementation pursuant to the provisions of this chapter.

(b) In the event an investigation of a report of alleged abuse or

neglect determines that a preponderance of evidence of abuse or neglect

exists and such abuse or neglect may be attributed in whole or in part

to noncompliance by the facility or program with provisions of this

chapter or regulations of the department applicable to the operation of

such residential facility or program, the director or operator of such

facility or program shall, in consultation with officials of the

department responsible for the approval of operating certificates and

for monitoring the provision of protective services to service

recipients, develop a plan of prevention and remediation which shall be

submitted to and approved by the department in accordance with time

limits established by regulations of the department. Implementation of

such plan shall be jointly monitored by officials of the department

responsible for the approval of operating certificates and for

monitoring the provision of protective services to service recipients.

In reviewing the continuing qualification of a residential facility or

program for an operating certificate, the department shall evaluate such

facility's or program's compliance with plans of prevention and

remediation developed and implemented pursuant to this section.

(c) Development and implementation of plans pursuant to this section

shall, to the extent possible, be coordinated with remediation plans

required by local social services districts.

3. With respect to any corporation heretofore or hereafter formed by a

special act or under a general law, or any unincorporated organization,

institution, facility or agency, which actually engages in any of the

aforementioned works but which is not in receipt of public funds, the

department is authorized to inspect and supervise with respect to the

health, safety, treatment and training of its residents, or of the

children under its custody.

4. The commissioner or any official so authorized by him may conduct

any inquiry pursuant to the authority of section thirty-four of this

chapter, in relation to any matter arising out of an inspection

performed pursuant to this title. Any officer or duly authorized

employee shall have full access to the grounds, buildings, books and

papers relating to any such facility or agency and may require from the

officers and persons in charge thereof any information he may deem

necessary in the discharge of his duties. The department may establish

rules according to which, and provide blanks and forms upon which, such

information shall be furnished, in a clear, uniform and prompt manner.

5. Any officer, superintendent or employee of any such facility or

agency who shall intentionally refuse to admit any officer or inspector

of the department for the purpose of inspection, or shall intentionally

refuse or fail to furnish the information required by the department or

any officer or inspector, shall be guilty of a misdemeanor.

6. The rights and powers conferred by this section may be enforced by

an order of the supreme court after notice and hearing, or by indictment

by the grand jury of the county, or both.

7. The inspection and supervision powers and duties of the

commissioner as established by this section may, in the case of any

family type home for adults with a capacity of four or less, be

delegated in whole or in part, to the local commissioner of the social

services district in which such facility is located, and such local

commissioner shall make reports regarding such facility in such form and

manner and at such time as the department regulations may require.