NY Ment Hygiene L § 16.29 (2021)
2021 New York Laws MHY - Mental Hygiene Title C - Developmental Disabilties Act Article 16 - Regulation and Quality of Services 16.29 - Abuse, Neglect, and Significant Incidents Involving Vulnerable Persons.

§ 16.29 Abuse,  neglect,  and significant incidents involving vulnerable           persons.  (a) The commissioner, in consultation with the executive  director  of the  justice  center  for  the  protection of people with special needs, shall promulgate regulations establishing standards for  the  protection of  service  recipients  in the care of facilities and provider agencies operated, licensed or certified by the office from reportable  incidents pursuant  to  article  eleven  of  the  social  services  law, including procedures for:  (1) consistent with appropriate collective bargaining  agreements  and applicable  provisions  of  the civil service law, assisting the justice center for the protection of people with special needs with  its  review and  evaluation  of criminal background checks of prospective employees, as set forth in subdivision five of section five hundred fifty-three  of the executive law;  (2)  establishing  minimal experiential and educational qualifications for employees that are consistent with appropriate collective bargaining agreements and applicable provisions of the civil service law;  (3)  assuring  adequate  and  appropriate  supervision  of  employees, volunteers and consultants;  (4)  demonstrating  that  appropriate  action  is  taken to assure the safety of a  service  recipient  as  well  as  other  persons  in  care, immediately  upon  notification that a reportable incident has been made in accordance with article eleven of the social services law;  (4-a) consistent with  applicable  collective  bargaining  agreements, assuring that an individual who has committed a category one offense, as defined  in  paragraph  (a)  of subdivision four of section four hundred ninety-three of the  social  services  law,  that  is  included  on  the vulnerable  persons'  central register is not hired or otherwise used in any position in which such individual would have regular and substantial contact with a service recipient in any program  operated,  licensed  or certified by the office;  (5) removing a service recipient when it is determined that there is a risk  to  such  person if he or she continues to remain in a facility or service program; and  (6) taking appropriate preventive and remedial action, including legal action, consistent with appropriate collective bargaining agreements and applicable provisions of the civil service law. The  commissioner  shall adopt  standards as established by the justice center for the protection of people with special needs, that:  (i) administrators,  employees,  volunteers  and  consultants  receive training in at least the following: abuse prevention and identification, safety and security procedures, the principles of child development, the characteristics  of  persons  in care and techniques of group management including crisis intervention,  the  laws,  regulations  and  procedures governing   the   protection   of  vulnerable  persons  from  reportable incidents, and other appropriate  topics  provided,  however,  that  the office  may exempt administrators and consultants from such requirements upon demonstration of substantially equivalent knowledge or  experience; and  (ii) service recipients receive instruction consistent with their age, needs  and  circumstances  as well as the needs and circumstances within the facility or program, in techniques and procedures which will  enable them to advocate and protect themselves from reportable incidents.   The  commissioner,  in consultation with the executive director of the justice center for the protection of people with  special  needs,  shall take  all  reasonable  and  necessary  actions to assure that employees, volunteers and consultants in facilities operated  or  overseen  by  the  office  are  kept  apprised  on  a  current  basis  of  all policies and procedures of the  office  relating  to  the  protection  of  vulnerable persons,  and  shall  monitor and supervise the provision of training to such  administrators,  employees,  volunteers, children and consultants. Standards developed pursuant to this subdivision shall,  to  the  extent possible,  be  consistent with those promulgated by other state agencies for such purposes.  (b) The commissioner shall provide necessary assistance to the justice center for the protection of people with special needs in the conduct of investigations pursuant to article eleven of the  executive  law,  shall consider  its  recommendations  for  appropriate preventive and remedial action  including  legal  actions,  and  shall  provide  or   direct   a residential  facility licensed or operated by the office for people with developmental disabilities to provide written  reports  thereon  to  the justice  center  as  to  the  implementation  of plans of prevention and remediation approved by such office.  (c)  The  commissioner  shall  provide   for   the   development   and implementation of a plan of prevention and remediation with respect to a substantiated  report  of  a  reportable  incident.  Such  action  shall include:  (i) within ten  days  of  receipt  of  a  substantiated  report  of  a reportable  incident,  development  and  implementation  of  a  plan  of prevention and remediation to be taken to assure the  continued  health, safety  and  welfare  of  service  recipients  and  to  provide  for the prevention of future acts of reportable incidents; and  (ii) development and  implementation  of  a  plan  of  prevention  and remediation,  in  the  event  an investigation of a report of an alleged reportable  incident  exists  and  such  reportable  incident   may   be attributed  in  whole  or  in  part  to noncompliance by the facility or provider of services with the provisions of this chapter or  regulations of  the  office applicable to the operation of such facility or provider of services. Any plan of  prevention  and  remediation  required  to  be developed  pursuant  to this subdivision by a facility supervised by the office shall be submitted to and approved by such office  in  accordance with   time   limits   established   by   regulations  of  such  office. Implementation of the  plan  shall  be  monitored  by  such  office.  In reviewing  the  continued  qualifications  of  a residential facility or provider of services or program for an operating certificate, the office shall evaluate such facility's or provider of service's compliance  with plans  of  prevention and remediation developed and implemented pursuant to this subdivision.