New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 550 - Criminal History Record Checks › Section 550.6 - Criminal history review

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After
				reviewing a criminal history record of an individual who is subject to a
				criminal history record check pursuant to this section, the office and the
				provider of services shall take the following actions:
(1) Applicant to be a natural person operator
				of a new provider of services after April 1, 2005; or a new natural person
				operator of an existing provider after April 1, 2005.
(i) Where an applicant to be an operator of a
				new provider of services, or an applicant to be a new operator of an existing
				provider of services, has no criminal history, the office shall promptly resume
				its review of the application in accordance with the provisions of Part 551 or
				Part 87 of this Title, as applicable.
(ii) Where the criminal history record of an
				applicant to be an operator of a new provider of services, or an applicant to
				be a new operator of an existing provider of services, reveals any of the
				following, the Justice Center shall deny the application unless it determines,
				in its discretion, that approval of the application will not in any way
				jeopardize the health, safety or welfare of clients in the facility or program:
(a) a felony conviction at any time for a sex
				offense;
(b) a felony conviction
				within the past ten years involving violence;
(c) a conviction for endangering the welfare
				of an incompetent or physically disabled person pursuant to section 260.25  of the Penal Law or, for
				applicants to be an operator of a new provider of services or a new operator of
				an existing provider that has been submitted on or after June 30, 2013, a
				conviction of Section 260.00, 260.25, 260.32 or
				260.34  of the Penal Law; or
(d) any comparable offense in any other
				jurisdiction.
(iii)
				Where the criminal history record of an applicant to be an operator of a new
				provider of services, or an applicant to be a new operator of an existing
				provider of services, reveals a conviction for any crime other than one set
				forth in subparagraph (ii) of this paragraph, the office may, consistent with
				article 23-A of the Correction Law, deny the application.
(iv) Where the criminal history record of an
				applicant to be an operator of a new provider of services, or an applicant to
				be a new operator of an existing provider of services, reveals a charge for any
				felony or, for applications made on or after March 12, 2007, any comparable
				offense in any other jurisdiction, the office shall hold the application in
				abeyance until the charge is finally resolved.
(v) Where the criminal history record of an
				applicant to be an operator of a new provider of services, or an applicant to
				be a new operator of an existing provider of services, reveals a charge for any
				misdemeanor or, for applications made on or after March 12, 2007, any
				comparable offense in any other jurisdiction, the office may hold the
				application in abeyance until the charge is finally resolved.