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 701.4 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever used in this Part:
(a)
Authorized person
means
				the individual(s) designated by a provider of services who is authorized to
				request, receive and review a summary of the New York State criminal history
				information in accordance with this Part.
(b)
Commissioner
means, as
				the context requires, the commissioners or their designees of the New York
				State Office of Mental Health, the New York State Office for People with
				Developmental Disabilities or the New York State Office of Children and Family
				Services.
(c)
Criminal
				history information
means a record of pending criminal charges,
				criminal convictions which are not vacated or reversed, and certificates filed
				with the New York State Division of Criminal Justice Services pursuant to
				subdivision (2) of section 705  of
				the Correction Law, and which the New York State Division of Criminal Justice
				Services is authorized to maintain pursuant to subdivision (6) of section 837  of the Executive Law. For purposes of
				this Part,
criminal history information
shall also include
				information from the Federal Bureau of Investigation (FBI) as a result of a
				national criminal history record check.
(d)
Designated fingerprinting
				entity
means an entity designated by the Justice Center to fingerprint
				persons who are required to have criminal history information checks in
				accordance with this Part.
(e)
Division
means the New York State Division of Criminal Justice
				Services.
(f)
Executive
				director
means the executive director of the Justice Center for the
				Protection of People with Special Needs or his or her designee.
(g)
Natural person
means a
				human being, as distinguished from an artificial person created by law
				(
e.g.
, a corporation).
(h)
Prospective employee
means a prospective employee as referenced in section 16.33 or
				31.35  of the Mental Hygiene Law or
				subdivision (1) of section 378-a  of the Social Services Law, and any
				person to be employed or utilized by a provider of services and who will have
				regular and substantial unsupervised or unrestricted physical contact with
				individuals receiving services from providers specified in the respective
				statutes.
(i)
Prospective
				volunteer
means a person who has applied to participate in activities
				with or for the benefit of persons of a provider of services, under the
				supervision of staff or management of such provider, for which he or she
				receives no salary or remuneration, who will have regular and substantial
				unsupervised or unrestricted physical contact with individuals receiving
				services.
(j)
Justice
				Center
means the New York State Justice Center for the Protection of
				People with Special Needs.
(k)
Operator
means any natural person with an ownership interest
				in a provider of services.
(l)
Provider of services
means a provider of services, as defined
				in subdivision 4 of section 488  of the Social Services Law, which is
				required to request a criminal history information check pursuant to section 845-b  of the Executive Law, section 16.33 or 31.35  of the Mental Hygiene Law, subdivision (1) of section 378-a  of the Social Services Law, and this
				Part.
(m)
Register of
				substantiated category one cases of abuse and neglect
means the
				register established pursuant to section 495  of the Social Services Law, also known
				as the staff exclusion list, which is maintained by the Justice
				Center.
(n)
Subject
				individual
means a person with regard to whom a provider of services
				is required to request a criminal history information check pursuant to section
				845-b and subdivision (5) of section 553  of the Executive Law, section 16.33 or
				31.35  of the Mental Hygiene Law, subdivision (1) of section 378-a  of the Social Services Law, and this
				Part.