This bill has been amended

Bill S4861-2013

Makes technical corrections to provisions of law relating to the protection of people with special needs

Makes technical corrections to provisions of law relating to the protection of people with special needs.

Details

Actions

  • May 21, 2013: ADVANCED TO THIRD READING
  • May 20, 2013: 2ND REPORT CAL.
  • May 8, 2013: 1ST REPORT CAL.597
  • Apr 26, 2013: REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES

Votes

VOTE: COMMITTEE VOTE: - Mental Health and Developmental Disabilities - May 8, 2013
Ayes (11): Carlucci, Ball, Bonacic, Felder, Hannon, Seward, Zeldin, Tkaczyk, Krueger, Adams, Latimer

Memo

BILL NUMBER:S4861

TITLE OF BILL: An act to amend the mental hygiene law and the social services law, in relation to making technical changes to the protection of people with special needs act

Purpose of Bill:

This bill would amend the Mental Hygiene Law and the Social Services Law to make technical corrections to the Protection of People with Special Needs Act.

Summary of Provisions:

Section one of the bill would amend Mental Hygiene Law § 31.35(a) to make a technical correction to refer to the Justice Center for the Protection of People with Special Needs (Justice Center) instead of the Office of Mental Health (OMH).

Section two of the bill would amend Social Services Law § 488(4)(e) to remove a mistaken reference to schools accepting students pursuant to emergency interim placements, because these placements are in out-ofstate schools, for which there are different reporting requirements, as set forth in Social Services Law § 490(5).

Section three of the bill provides that it shall take effect on the same date as the Protection of People with Special Needs Act (Chapter 501 of the Laws of 2012) becomes effective.

Existing Law:

The Protection of People with Special Needs Act amended Mental Hygiene Law §16.33 to make the Justice Center, rather than Office for People with Developmental Disabilities (OPWDD), responsible for requesting and receiving criminal history information from the Division of Criminal Justice Services for conducting the statutorily required criminal history background checks for prospective operators, employees and volunteers of facilities or providers under the jurisdiction of OPWDD. A corresponding change was not made to Mental Hygiene Law § 31.35, for prospective operators, employees and volunteers of providers of services authorized by OMH.

The definition of a "facility" or "provider agency" in Social Services Law § 488(4), for purposes of reporting incidents to the Vulnerable Persons Central Register, includes certain private schools that have a residential program and provide special education services or programs. Social Services Law § 490(5) sets forth different reporting requirements for out-of-state schools.

Prior Legislative History:

This is a new bill.

Statement in Support:

One aspect of the Protection of People with Special Needs Act was to consolidate certain criminal history information check functions currently performed by OMH, OPWDD and the Office of Children and Family Services within the Justice Center. Therefore, the requirement in Mental Hygiene Law § 16.33 for OPWDD to perform these background check functions was changed to require the Justice Center to perform these functions. A parallel reference in Mental Hygiene Law § 31.35 that required OMH to perform these functions was not similarly amended. This bill would correct this oversight so that the Justice Center would be required to perform these functions.

The State Education Department has determined that the reference to schools accepting students pursuant to emergency interim placements is mistakenly included in the definition of facilities or providers contained in Social Services Law § 488(4). Emergency interim placements are out-of-state residential placements and the specific reporting requirements for out-of-state residential placements are contained in Social Services Law § 490(5), and not the general reporting requirements for in-state facilities and providers to which the definitions in section 488(4) apply. This bill would remove that mistaken reference in order to prevent army confusion among out-of-state schools concerning their reporting requirements.

Budget Implications:

None.

Effective Date:

This bill would take effect on the same day and in the same manner as the Protection of People with Special Needs Act (Chapter 501 of the laws of 2012) takes effect.


Text

STATE OF NEW YORK ________________________________________________________________________ 4861 2013-2014 Regular Sessions IN SENATE April 26, 2013 ___________
Introduced by Sen. CARLUCCI -- (at request of the Commission on Quality of Care and Advocacy for Persons with Disabilities) -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities AN ACT to amend the mental hygiene law and the social services law, in relation to making technical changes to the protection of people with special needs act THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (a) of section 31.35 of the mental hygiene law, as amended by chapter 575 of the laws of 2004, is amended to read as follows: (a) Every provider of services who contracts with or is approved or otherwise authorized by the office to provide services, except (1) a department facility, (2) a hospital as defined in article twenty-eight of the public health law, or (3) a licensed professional under title eight of the education law who does not have employees or volunteers who will have regular and substantial unsupervised or unrestricted physical contact with the clients of such provider, and every applicant to be such a provider of services except (i) a department facility, (ii) a hospital as defined in article twenty-eight of the public health law, or (iii) a licensed professional under title eight of the education law who does not have employees or volunteers who will have regular and substan- tial unsupervised or unrestricted physical contact with the clients of such provider, shall request that the [office] JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS check, and upon such request [the office] SUCH JUSTICE CENTER shall request and shall be authorized to receive from the division of criminal justice services criminal history information, as such phrase is defined in paragraph (c) of subdivision one of section eight hundred forty-five-b of the executive law, concerning each prospective operator, employee or volunteer of such
provider who will have regular and substantial unsupervised or unre- stricted physical contact with the clients of such provider. For purposes of this section, "operator" shall include any natural person with an ownership interest in the provider of services. S 2. Paragraph (e) of subdivision 4 of section 488 of the social services law, as added by section 1 of part B of chapter 501 of the laws of 2012, is amended to read as follows: (e) the New York state school for the blind and the New York state school for the deaf, which operate pursuant to articles eighty-seven and eighty-eight of the education law; an institution for the instruction of the deaf and the blind which has a residential component and is subject to the visitation of the commissioner of education pursuant to article eighty-five of the education law with respect to its day and residential components; special act school districts serving students with disabili- ties; or in-state private schools which have been approved by the commissioner of education for special education services or programs, and which have a residential program[, including a school approved on a child-specific basis for emergency interim placements pursuant to governing state regulations, with respect to its day and residential components]. S 3. This act shall take effect on the same date and in the same manner as part A of chapter 501 of the laws of 2012, as amended, takes effect, provided that section two of this act shall take effect on the same date and in the same manner as part B of chapter 501 of the laws of 2012, as amended, takes effect.

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