N.Y. Social Services Law § 495: Register of substantiated category one cases of abuse or neglect

§ 495. Register of substantiated category one cases of abuse or

neglect. 1. The justice center shall develop and maintain a register of

subjects of reports who have been found to have a substantiated category

one case of abuse or neglect, in accordance with paragraph (a) of

subdivision four of section four hundred ninety-three of this article,

and who have: (a) not requested an amendment of the findings of the

report in the time specified in subdivision one of section four hundred

ninety-four of this article; or (b) been heard pursuant to such

subdivision and all the findings of the report were not amended to be

unsubstantiated.

2. All facility and provider agencies, other providers of services to

vulnerable persons in programs licensed, certified or funded by any

state oversight agency and other provider and licensing agencies as

defined in subdivision three or four of section four hundred

twenty-four-a of this chapter shall check the register of substantiated

category one cases of abuse or neglect before determining whether to

hire or otherwise allow any person as an employee, administrator,

consultant, intern, volunteer or contractor who will have the potential

for regular and substantial contact with a service recipient or before

approving an applicant for a license, certificate, permit or other

approval to provide care to a service recipient. (For state entities

bound by collective bargaining, such action established by collective

bargaining shall govern.)

3. If a person is listed on the register of substantiated category one

cases of abuse or neglect, a facility or provider agency and all other

providers of services to vulnerable persons in programs licensed or

certified by any state oversight agency shall not hire such a person to

have regular and substantial contact with a service recipient in any

such facility or program. Other providers or licensing agencies as

defined in subdivision three or four of section four hundred

twenty-four-a of this chapter shall determine whether to hire or allow

such a person to have regular or substantial contact with a service

recipient in accordance with the provisions of subdivision five of

section four hundred twenty-four-a of this chapter.

4. A custodian shall be subject to immediate termination if he or she

is convicted of any crime as defined in subdivision six of section 10.00

of the penal law that relates directly to the abuse or neglect of a

vulnerable person, or is placed on the register of substantiated

category one cases of abuse or neglect. (For state entities bound by

collective bargaining, such action established by collective bargaining

shall govern.)

5. Placement on the register shall be permanent, unless the office is

officially notified of the individual's death.

6. Nothing in this article shall diminish the rights or remedies

otherwise available under law, regulation or appropriate collective

bargaining agreements of any facility or provider agency with respect to

the termination or discipline of employees.