2023 New York Laws › MHY - Mental Hygiene › Title E - General Provisions › Article 31 - Regulation and Quality Control of Services for the Mentally Disabled › 31.30 - Abuse, Neglect, and Significant Incidents Involving Vulnerable Persons.

§ 31.30 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  the  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
risk to such person if he or she continues to remain in a facility; and
6. taking appropriate preventive and remedial actions, 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,  rules  and  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 that 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  or  consultants  in  facilities  operated or overseen by the
office are kept  apprised  on  a  current  basis  of  all  policies  and

procedures  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 of mental health
to provide written reports thereon to such  justice  center  as  to  the
implementation of plans of prevention and remediation.
(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:
1.  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
2.  development  and  implementation  of  a  plan  of  prevention  and
remediation, in the event an investigation of a  report  of  an  alleged
reportable  incident  determines  that  such report is substantiated and
such reportable incident may be  attributed  in  whole  or  in  part  to
noncompliance  by  the  facility  with  provisions  of  this  chapter or
regulations of the respective office applicable to the operation of such
facility.  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 rules and regulations of such office.
Implementation of the plan shall be monitored  by  such  office  or  the
justice   center.   In   reviewing  the  continued  qualification  of  a
residential facility or program for an operating certificate, the office
having  supervisory  responsibilities  shall  evaluate  such  facility's
compliance  with  plans of prevention and remediation developed pursuant
to this subdivision.