N.Y.
Executive Law Section 562
Abuse and neglect notification
1.
(a) Upon receiving a request for criminal history information, pursuant to § 845-B (Requests for criminal history information)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 Social Services Law § 493 (Abuse and neglect findings)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 § 845-B (Requests for criminal history information)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 Social Services Law § 493 (Abuse and neglect findings)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 Social Services Law § 493 (Abuse and neglect findings)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.
Source:
Section 562 — Abuse and neglect notification, https://www.nysenate.gov/legislation/laws/EXC/562 (updated Jan. 7, 2022; accessed Oct. 26, 2024).
