NY Soc Serv L § 495 (2021)
2021 New York Laws SOS - Social Services Article 11 - Protection of People With Special Needs 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.