2023 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.