2023 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.