NY Soc Serv L § 460-C (2021)
2021 New York Laws SOS - Social Services Article 7 - Residential Care Programs for Adults and Children Title 1 - General Provisions 460-C - Inspection and Supervision.

§  460-c.  Inspection and supervision. 1. Excepting state institutions for the education and support of the  blind,  the  deaf  and  the  dumb, facilities  subject  to  the  approval, visitation and inspection of the state  department  of  mental  hygiene  or  the  state   commission   of correction,  facilities  operated  by  or  under  the supervision of the division for youth and facilities subject  to  the  supervision  of  the department  of  health  pursuant  to  article twenty-eight of the public health law, the department shall inspect and maintain  supervision  over all  public  and  private  facilities or agencies whether state, county, municipal, incorporated or not incorporated  which  are  in  receipt  of public  funds,  which are of a charitable, eleemosynary, correctional or reformatory  character,  including  facilities  or  agencies  exercising custody  of  dependent,  neglected,  abused,  maltreated,  abandoned  or delinquent children, agencies engaged in the placing-out or boarding-out of children as defined in section  three  hundred  seventy-one  of  this chapter,  homes  or shelters for unmarried mothers, residential programs for victims of domestic violence  as  defined  in  subdivision  five  of section  four  hundred  fifty-nine-a  of  this  chapter  and  adult care facilities.   2. Upon inspection of any  facility  subject  to  the  inspection  and supervision  of  the  department  pursuant  to  subdivision  one of this section, inquiry may be made to ascertain:  (a) whether the  objectives  of  the  facility  or  agency  are  being accomplished;  (b)  whether  all  applicable provisions of law and regulations of the department are being fully complied with;  (c) the general management and financial condition  of  the  facility, including any sources of public funds received;  (d)  its methods of and equipment for scholastic and career education, and whether the same are best adapted to the needs of the residents  and beneficiaries;  (e) its methods of administration;  (f)   its  methods  of  and  equipment  for  providing  care,  medical attention, treatment and discipline of its residents and  beneficiaries, and  whether the same are best adapted to the needs of the residents and beneficiaries;  (g) the  qualifications  and  general  conduct  of  its  officers  and employees;  (h) the condition of its grounds, buildings and other property; and  (i)  any  other  matter connected with or pertaining to its usefulness and  good  management  or  to  the  interests  of   its   residents   or beneficiaries.   2-a.  Special  procedures  relating to abuse and neglect of vulnerable persons. (a) If the report of an investigation of abuse  or  neglect  is substantiated  in  accordance  with  article eleven of this chapter, the director or operator of a residential facility or program  shall  submit to  the department, within ten business days of receipt of notice of the substantiated report, a written plan of prevention and remediation to be taken with respect  to  the  subject  of  such  report  to  protect  the continued  health,  safety  and  welfare  of  the service recipients and provide for the prevention of future  acts  of  abuse  or  neglect.  The department  shall  approve or disapprove such plan and specify necessary revisions  within  ten  days  of  its  receipt  and  shall  monitor  its implementation pursuant to the provisions of this chapter.  (b)  In  the  event  an  investigation of a report of alleged abuse or neglect determines that a preponderance of evidence of abuse or  neglect exists  and  such abuse or neglect may be attributed in whole or in part to noncompliance by the facility or  program  with  provisions  of  this  chapter  or regulations of the department applicable to the operation of such residential facility or program, the director or operator  of  such facility  or  program  shall,  in  consultation  with  officials  of the department  responsible  for  the approval of operating certificates and for  monitoring  the  provision  of  protective  services   to   service recipients,  develop a plan of prevention and remediation which shall be submitted to and approved by the  department  in  accordance  with  time limits  established  by regulations of the department. Implementation of such plan shall be jointly monitored  by  officials  of  the  department responsible   for   the  approval  of  operating  certificates  and  for monitoring the provision of protective services to  service  recipients. In  reviewing  the continuing qualification of a residential facility or program for an operating certificate, the department shall evaluate such facility's  or  program's  compliance  with  plans  of  prevention   and remediation developed and implemented pursuant to this section.  (c)  Development  and implementation of plans pursuant to this section shall, to the extent possible, be  coordinated  with  remediation  plans required by local social services districts.   3. With respect to any corporation heretofore or hereafter formed by a special  act or under a general law, or any unincorporated organization, institution, facility or agency, which actually engages in  any  of  the aforementioned  works  but  which is not in receipt of public funds, the department is authorized to inspect and supervise with  respect  to  the health,  safety,  treatment  and  training  of  its residents, or of the children under its custody.   4. The commissioner or any official so authorized by him  may  conduct any  inquiry  pursuant  to  the authority of section thirty-four of this chapter, in  relation  to  any  matter  arising  out  of  an  inspection performed  pursuant  to  this  title.  Any  officer  or  duly authorized employee shall have full access to the  grounds,  buildings,  books  and papers  relating to any such facility or agency and may require from the officers and persons in charge  thereof  any  information  he  may  deem necessary  in  the discharge of his duties. The department may establish rules according to which, and provide blanks and forms upon which,  such information shall be furnished, in a clear, uniform and prompt manner.   5.  Any  officer,  superintendent  or employee of any such facility or agency who shall intentionally refuse to admit any officer or  inspector of  the department for the purpose of inspection, or shall intentionally refuse or fail to furnish the information required by the department  or any officer or inspector, shall be guilty of a misdemeanor.   6.  The rights and powers conferred by this section may be enforced by an order of the supreme court after notice and hearing, or by indictment by the grand jury of the county, or both.   7.  The  inspection  and  supervision  powers  and   duties   of   the commissioner  as  established  by  this  section may, in the case of any family type home for  adults  with  a  capacity  of  four  or  less,  be delegated  in  whole or in part, to the local commissioner of the social services district in which such facility  is  located,  and  such  local commissioner shall make reports regarding such facility in such form and manner and at such time as the department regulations may require.