2023 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.