N.Y. SOS Law § 495 — New York Code / Act SOS / Article 11 / Section 495
Register of substantiated category one cases of abuse or neglect
Status: in_force

§ 495. Register of substantiated category one cases of abuse or\nneglect. 1. The justice center shall develop and maintain a register of\nsubjects of reports who have been found to have a substantiated category\none case of abuse or neglect, in accordance with paragraph (a) of\nsubdivision four of section four hundred ninety-three of this article,\nand who have: (a) not requested an amendment of the findings of the\nreport in the time specified in subdivision one of section four hundred\nninety-four of this article; or (b) been heard pursuant to such\nsubdivision and all the findings of the report were not amended to be\nunsubstantiated.\n  2. All facility and provider agencies, other providers of services to\nvulnerable persons in programs licensed, certified or funded by any\nstate oversight agency and other provider and licensing agencies as\ndefined in subdivision three or four of section four hundred\ntwenty-four-a of this chapter shall check the register of substantiated\ncategory one cases of abuse or neglect before determining whether to\nhire or otherwise allow any person as an employee, administrator,\nconsultant, intern, volunteer or contractor who will have the potential\nfor regular and substantial contact with a service recipient or before\napproving an applicant for a license, certificate, permit or other\napproval to provide care to a service recipient. (For state entities\nbound by collective bargaining, such action established by collective\nbargaining shall govern.)\n  3. If a person is listed on the register of substantiated category one\ncases of abuse or neglect, a facility or provider agency and all other\nproviders of services to vulnerable persons in programs licensed or\ncertified by any state oversight agency shall not hire such a person to\nhave regular and substantial contact with a service recipient in any\nsuch facility or program. Other providers or licensing agencies as\ndefined in subdivision three or four of section four hundred\ntwenty-four-a of this chapter shall determine whether to hire or allow\nsuch a person to have regular or substantial contact with a service\nrecipient in accordance with the provisions of subdivision five of\nsection four hundred twenty-four-a of this chapter.\n  4. A custodian shall be subject to immediate termination if he or she\nis convicted of any crime as defined in subdivision six of section 10.00\nof the penal law that relates directly to the abuse or neglect of a\nvulnerable person, or is placed on the register of substantiated\ncategory one cases of abuse or neglect. (For state entities bound by\ncollective bargaining, such action established by collective bargaining\nshall govern.)\n  5. Placement on the register shall be permanent, unless the office is\nofficially notified of the individual's death.\n  6. Nothing in this article shall diminish the rights or remedies\notherwise available under law, regulation or appropriate collective\nbargaining agreements of any facility or provider agency with respect to\nthe termination or discipline of employees.\n