New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS › Part 701 - JUSTICE CENTER CRIMINAL HISTORY INFORMATION CHECKS › Section 701.6 - Criminal history review and evaluation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After the Justice Center reviews the
				criminal history information of a subject individual, the Justice Center and
				the provider of services shall take the following actions:
(1) If the subject individual is a natural
				person operator of a new provider of services on or after June 30, 2013; or a
				new natural person operator of an existing provider on or after June 30, 2013:
(i) when a subject individual under this
				subdivision has no criminal history, the Justice Center shall promptly advise
				the commissioner of the State agency to whom the application for licensing,
				certification or renewal was submitted to resume its review of the application
				in accordance with its implementing regulations;
(ii) when the criminal history information of
				a subject individual under this subdivision reveals a felony conviction at any
				time for a sex offense, a felony conviction within the past 10 years involving
				violence, or a conviction for abandoning a child and/or endangering the welfare
				of an incompetent, physically disabled or vulnerable elderly person pursuant to
				section 260.00, 260.25, 260.32 or
				260.34  of the Penal Law or any comparable
				offense in any other jurisdiction, the Justice Center shall advise the
				commissioner of the State agency to whom the application was submitted that the
				application must be denied, unless the commissioner of such agency in
				consultation with the Justice Center, determines, in his or her discretion,
				that approval of the application will not in any way jeopardize the health,
				safety or welfare of individuals receiving services in the facility or
				program;
(iii) when the criminal
				history information of a subject individual under this subdivision reveals a
				conviction for any crime other than one set forth in paragraph (ii) of this
				subdivision, the Justice Center may, consistent with article 23-A of the
				Correction Law, advise the commissioner of the State agency to whom the
				application was submitted that the application process shall be denied, unless
				the commissioner of such agency in consultation with the Justice Center,
				determines, in his or her discretion, that approval of the application will not
				in any way jeopardize the health, safety or welfare of individuals receiving
				services in the facility or program;
(iv) when the criminal history information of
				a subject individual under this subdivision reveals a pending charge for any
				felony or any comparable offense in any other jurisdiction, the Justice Center
				shall advise the commissioner of the State agency to whom the application was
				submitted that the application must be held in abeyance until the charge is
				finally resolved;
(v) when the
				criminal history information of a subject individual under this subparagraph
				reveals a pending charge for any misdemeanor or any comparable offense in any
				other jurisdiction, the Justice Center may advise the commissioner of the State
				agency to whom the application was submitted that the application should be
				held in abeyance until the charge is finally resolved or give guidance that the
				provider may act on the application in its own discretion, consistent with
				applicable laws and regulations.