NY Ment Hygiene L § 16.19 (2021)
2021 New York Laws MHY - Mental Hygiene Title C - Developmental Disabilties Act Article 16 - Regulation and Quality of Services 16.19 - Confinement, Care and Treatment of Persons With Developmental Disabilities.

§ 16.19 Confinement,  care  and  treatment of persons with developmental           disabilities.  (a) No individual who is or appears to have a developmental disability shall be detained, deprived of liberty  or  otherwise  confined  without lawful  authority,  or  inadequately,  unskillfully, cruelly or unsafely cared for or supervised by any person.  (b) If the commissioner has reason to believe that a person  is  being detained  or  given  inadequate,  unskillful,  cruel  or unsafe care, as described  in  subdivision  (a)  of  this  section,  he  shall  promptly investigate the matter. If, after giving the person accused of violating subdivision  (a)  of  this  section an opportunity to be heard, he finds that a violation did  occur,  the  commissioner  shall  issue  an  order directing that person to cease and desist from continued violation.  (c)  In  addition  to any other remedies available under this article, the commissioner may bring an action in the supreme court to enjoin  any person   from  unlawfully  subjecting  a  person  with  a  developmental disability to physical, sexual, or emotional abuse, or  active,  passive or  self  neglect, or detaining a person with a developmental disability or providing inadequate, unskillful, cruel or unsafe care or supervision for such a person.  (d) (1) If, upon receiving a report that any adult thought to  have  a developmental  disability  has  been  subjected  to physical, sexual, or emotional  abuse,  or  active,  passive  or  self   neglect,   and   the commissioner  has  reason  to  believe  that  such adult is known by the commissioner to have received services from providers duly authorized by the commissioner and has been subjected to such abuse  or  neglect,  the commissioner  shall intervene pursuant to this section or, if such adult has  not  received  services  from  said   authorized   providers,   the commissioner  shall, immediately or as soon as practicable, notify adult protective  services  established  pursuant  to  section  four   hundred seventy-three of the social services law. The commissioner shall, within forty-eight  hours,  forward  copies  of  reports  made pursuant to this subdivision to the state commission of quality of care and advocacy  for persons  with  disabilities  and indicate if such report was referred to adult protective services.  (2) In order to carry out the  provisions  of  this  subdivision,  the commissioner  and  commissioner  of  the  office  of children and family services shall develop a model memorandum of understanding  which  shall be  entered  into  between each developmental disability services office and each local department of social services  within  its  jurisdiction. Such  agreement  shall define the responsibilities of each developmental disability services office and social services district with respect  to reports  pursuant  to  paragraph  one of this subdivision and reasonable time frames  for  implementing  such  responsibilities.  Such  agreement entered  into  in  accord with such memorandum of understanding shall be finalized between all developmental disability services offices and  all local departments of social services no later than ninety days after the effective   date  of  this  subdivision.  A  developmental  disabilities services office shall be deemed a provider of services for the  purposes of  access  to  adult  protective  records  under  section  four hundred seventy-three-e of the social services law.  (e) The commissioner shall promulgate rules and regulations  requiring that  when  the  office or a provider licensed, certified or operated by the  office  conducts  an  investigation  regarding   potential   abuse, maltreatment  or  neglect  of  a person receiving services, any affected employee or volunteer shall  be  provided  a  copy  of  regulations  and procedures  governing  such  investigations  and, in writing, notify the employee or volunteer subject of the  investigation  of  the  right  and  procedures  for  obtaining  and  responding  to  any report filed by the provider with the office in accordance with this section.