reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 687 - Family Care Homes for People With Developmental Disabilities › Section 687.4 - Certification and recertification

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General provisions.
(1) No
				provider of services shall engage in the operation of a family care home
				without an operating certificate issued by the commissioner.
(2) The operation of a family care home shall
				be in accordance with the terms of the operating certificate, the regulations
				of the commissioner, and any other applicable statute or regulation.
(3) Any family care home operator who
				knowingly fails to comply with any applicable statute shall be guilty of a
				misdemeanor.
(4) Operating
				certificates shall be valid up to a three-year period, at the discretion of
				OPWDD, as shall be expressly provided upon such certificate or renewal
				thereof.
(5) No application fee
				shall be required for an application for issuance or renewal of an operating
				certificate.
(6) Operating
				certificates are not transferable to other persons or locations.
(7) An operating certificate of a family care
				provider shall be revoked upon a finding by OPWDD that any individual to whom
				an operating certificate has been issued has been convicted of a class A, B or
				C felony.
(8) The certified
				capacity (see section
				687.99  of this Part) of the family
				care home shall be stated on the operating certificate and shall not be
				exceeded.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 687 - Family Care Homes for People With Developmental Disabilities › Section 687.5 - Suspension, revocation or limitation of an operating certificate

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				commissioner may revoke, suspend or limit an operating certificate or impose
				penalties upon a determination that the family care provider named on the
				certificate has failed to comply with the terms of the operating certificate or
				with the provisions of any applicable statute, rule or regulation. The family
				care provider shall be given notice and an opportunity to be heard pursuant to
				section 16.17  of the Mental Hygiene Law and
				applicable regulations of the commissioner prior to any such
				determination.
(b) A certificate
				may be temporarily suspended or limited without a hearing for a period not in
				excess of 60 days upon written notice to the family care provider following a
				finding by OPWDD that an individual's health or safety is in imminent danger or
				there exists any condition or practice or a continuing pattern of conditions or
				practices which poses imminent danger to the health or safety of any
				individual. Upon such finding and notice, the power of the commissioner to
				temporarily suspend or limit an operating certificate shall include, but shall
				not be limited to:
(1) prohibit or limit the
				placement of new individuals in the family care home;
(2) remove or cause to be removed some or all
				of the individuals in the family care home; or
(3) suspend or limit or cause to be suspended
				or limited the payment of any governmental funds to the family care home,
				provided that such action shall not in any way jeopardize the health, safety
				and welfare of any individual residing in the family care home.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 687 - Family Care Homes for People With Developmental Disabilities › Section 687.6 - Voluntary discontinuance of operation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the event that the holder of an
				operating certificate for a family care home wishes to cease the operation or
				conduct of any of the activities, as defined in this Part, for which such
				certificate has been issued, wishes to transfer ownership or possession of the
				premises in which such activities are being conducted or elects not to apply to
				OPWDD for recertification upon the expiration of any current period of
				certification, it shall be the duty of the family care provider to give OPWDD
				and the sponsoring agency written notice of such intention not less than 60
				days prior to the intended effective date of such transaction.
(b) Such notice shall set forth a detailed
				plan developed in conjunction with OPWDD and the sponsoring agency which makes
				provision for the safe and orderly transfer of each individual served by the
				family care provider into a program of services appropriate to each
				individual's ongoing needs.
(c) The
				family care provider shall not cease to provide any such services to any
				individual under any of the circumstances described in this section until the
				notice and plan required hereby are received, reviewed and approved by the
				sponsoring agency and OPWDD, with OPWDD having final authority to
				approve.
(d) For the purposes of
				this section, the requirement of prior notice and continuous provision of
				programs and services by the family care provider shall not apply to those
				situations and changes in circumstances directly affecting the family care
				provider that are not reasonably foreseeable at the time of occurrence,
				including but not limited to death or other sudden incapacitating disability or
				infirmity. Written notice shall be given to OPWDD and the sponsoring agency as
				soon as reasonably possible thereafter, in the manner set forth within this
				section.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 687 - Family Care Homes for People With Developmental Disabilities › Section 687.7 - Visitation, inspection and investigation of family care homes

Current through Register Vol. 46, No. 28, July 10, 2024
(a) OPWDD shall
				provide for the periodic visitation and inspection of each family care
				home.
(b) Inspections shall be made
				as frequently as OPWDD may deem necessary, but in any event such inspections
				shall be made on at least two occasions during each calendar year, one of which
				shall be without prior notice.
(c)
				OPWDD shall have the power to conduct investigations into the operations of any
				person(s) or entity which holds an operating certificate issued by the
				commissioner, into the operation of any family care home issued an operating
				certificate by the commissioner, and into the operations related to the
				provision of services regulated by this Part of any person(s) or entity
				providing a family care home for individuals with intellectual and/or
				developmental disabilities. OPWDD may designate a sponsoring agency to conduct
				such investigations.
(d) In
				conducting an inspection or investigation, an authorized representative(s) of
				OPWDD shall have the power to inspect the family care home, conduct interviews
				with individuals, interview other persons residing in the family care home,
				examine and copy all records, including financial and medical records of the
				family care home, and obtain such other information as may be required in order
				to ensure compliance with all applicable requirements.
(e) In conducting any inspection and
				investigation under this Part, the commissioner is empowered to subpoena
				witnesses, compel their attendance, administer oaths to witnesses, examine
				witnesses under oath, and require the production of any books, papers or
				records deemed relevant to the investigation, inspection or hearing.
(f) Information obtained in the course of
				such inspections and investigations shall be kept confidential.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 687 - Family Care Homes for People With Developmental Disabilities › Section 687.8 - Duties of family care providers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				family care provider shall comply with the provisions of this Part, other
				applicable laws and other applicable regulations of the commissioner.
(b) A family care provider shall make such
				reports as may be required by OPWDD and in the form and format acceptable to
				OPWDD.
(c) A family care provider
				shall cooperate with the commissioner or his or her authorized representative
				in any inspection or investigation by OPWDD.
(d) A family care provider shall permit an
				authorized representative(s) of OPWDD to inspect the family care home and all
				books and records, including financial records and records on individuals kept
				by the family care provider.
(e) A
				family care provider shall permit an authorized representative(s) of OPWDD to
				interview and examine any individual in the family care home, except that no
				individual may be examined against his or her will.
(f) A family care provider shall provide
				adequate and humane care for all individuals residing in the family care
				home.
(g) A family care provider
				shall comply with the family care manual policies and updates to such policies
				promulgated by OPWDD. The purpose of the manual is to enable a family care
				provider to have access to guidelines for the day-to-day operation of the
				family care home and information as to the family care provider's relationship
				with OPWDD. The sponsoring agency must ensure every family care provider is
				aware of and has access to the family care manual.
(h) A family care provider shall ensure that
				the expenditure of any monies provided through OPWDD for:
(1) replacement of necessary clothing
				belonging to the individuals;
(2)
				personal requirements and incidental needs of the individuals;
(3) recreational and cultural activities of
				individuals; and the maintenance of records are in conformance with the
				procedures established by OPWDD, subject to the approval of the State
				Comptroller.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 687 - Family Care Homes for People With Developmental Disabilities › Section 687.9 - Family Care Respite and Use of Substitute Providers

Current through Register Vol. 46, No. 28, July 10, 2024
A family care program substitute provider is a party approved
				  by a sponsoring agency to provide non-waiver respite services to individuals
				  receiving family care services when a family care provider is temporarily not
				  available to provide services. The approval and provision of these respite
				  services must be in accordance with the process established by
				  OPWDD.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 687 - Family Care Homes for People With Developmental Disabilities › Section 687.11 - Admission to family care

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				applicant for admission must have a documented diagnosis of developmental
				disability as defined in the glossary (section
				687.99).
(b) A family care home can meet the needs of
				the applicant.
CROSS REFERENCES:
Responsibility of the department for recipients in family
				  care, Social Services Law §
										138-a.
RESEARCH REFERENCES AND PRACTICE AIDS:
88 NY Jur 2d, Public Welfare and Old Age Assistance §
				  12.
(c) The application must
				be made in accordance with admission processes established by
				OPWDD.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 687 - Family Care Homes for People With Developmental Disabilities › Section 687.99 - Glossary

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Certified
				capacity.
The maximum number of beds available for the placement of the
				  OPWDD individuals receiving services and for use by individuals with
				  developmental disabilities for respite purposes, as indicated on the operating
				  certificate issued by the commissioner. In determining certified capacity, the
				  commissioner takes into consideration all other persons residing in the home in
				  relation to utilization and availability of space and accommodations. Any
				  change in the total number of persons residing in the home may affect the
				  certified capacity.
(b)
Commissioner.
The commissioner of the New York State Office for People with
				  Developmental Disabilities, or his or her designee.
(c) Disability, developmental. A
				developmental disability as defined in section 1.03 (22)  of the Mental
				Hygiene Law.
(d)
Family care
				home.
The combination of a private residence and an individual or
				  individuals certified by OPWDD, pursuant to and in accordance with the
				  provisions of article 16 of the Mental Hygiene Law and this Part, to provide
				  care for persons with developmental disabilities.
(e)
Family care program.
A residential program using certified family care homes to
				  provide care for individuals in a family-oriented setting.
(f)
OPWDD.
The Office for People With Developmental Disabilities, which
				  is the administrative and regulatory agency responsible for the design,
				  authorization, development, operation and/or certification of services,
				  programs and facilities providing care and treatment to residents of New York
				  State with developmental disabilities.
(g)
Operating certificate.
A written document conveying to the public the authorization
				  by the commissioner for a family care provider to operate a family care
				  home.
(h)
Personal
				allowance account.
The account maintained by the family care provider for
				  management of the individual's personal allowance, and which details an
				  individual's personal funds by accounting for deposits, withdrawals and
				  interest accruals relative to those funds.
(i)
Sponsoring Agency.
An agency that provides oversight of OPWDD certified family
				  care homes and the delivery of services to individuals therein. An agency is
				  approved to be a sponsoring agency of OPWDD certified family care homes upon
				  execution and approval of the written agreement between OPWDD and the agency,
				  provided that it is and remains a provider of services under the Home and
				  Community Based Services (HCBS) comprehensive waiver operated by OPWDD and
				  complies with all of the provisions of the agreement. A family care home may be
				  sponsored by a Developmental Disabilities State Operations Office ("state
				  sponsored") or a voluntary agency ("agency
				  sponsored").
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 690 - Day Treatment Services to Persons with Developmental Disabilities › Section 690.2 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following
				sections of the Mental Hygiene Law authorize the commissioner to establish a
				separate class of operating certificate for day treatment facilities (see
				glossary) and to establish the standards governing such facilities:
(1) Sections 13.01 and
				13.07  of the Mental Hygiene Law authorize
				OPWDD to pursue expansion of services and develop new methods of service
				delivery to serve the full range of needs of persons with developmental
				disabilities. Further, consistent with chapter 676 of the Laws of 1994, such
				methods of service delivery shall have as primary purposes, the attainment and
				promotion of independence, inclusion, individuality and productivity for
				persons with developmental disabilities.
(2) Section 13.09  of the Mental Hygiene Law grants the
				commissioner the power to adopt rules and regulations which are necessary and
				proper to implement any matter under his or her jurisdiction.
(3) Section 16.02 of the Mental Hygiene Law
				prohibits the operation of nonresidential facilities providing services for
				persons with developmental disabilities, unless an operating certificate has
				been obtained from the commissioner.
(4) Sections 16.03 and
				16.05  of the Mental Hygiene Law provide
				that no operating certificate shall be issued by the commissioner unless the
				premises, equipment, personnel, and program are found to be adequate to provide
				the services for which an operating certificate is sought; and that such
				services will be provided in compliance with applicable laws and
				regulations.
(5) Sections 16.11 and
				16.19  of the Mental Hygiene Law authorize
				the commissioner or an authorized representative to conduct investigations and
				inspections and permit review of the facility and all its books and records, to
				interview personnel, and obtain such other information as may be required in
				order to carry out the responsibilities of article 16 of the Mental Hygiene
				Law.
(6) Section 16.13  of the Mental Hygiene Law requires
				holders of operating certificates issued by the commissioner to assist OPWDD in
				carrying out its regulatory functions.
(7) Section 16.17  of the Mental Hygiene Law authorizes
				the commissioner to revoke, suspend, or limit an operating certificate upon a
				finding that the certificate holder has failed to comply with the terms of the
				operating certificate or with the provisions of any applicable statue, rule or
				regulation.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 690 - Day Treatment Services to Persons with Developmental Disabilities › Section 690.3 - Intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Principles of compliance.
(1)
				The day treatment facility is required to provide or ensure provision of a
				planned combination of diagnostic, treatment and habilitation services in
				accordance with the comprehensive functional assessment (see glossary) of each
				person's needs. Allowable services (see glossary), delivered by qualified
				professionals (see glossary) or appropriately supervised paraprofessional or
				direct care staff (see glossary), include:
(i) independent living services (see
				paragraph [a][2] of this subdivision);
(ii) medical oversight services (see section
				690.5[b][1] 
				of this Part);
(iii) nursing
				services;
(iv) nutrition
				services;
(v) occupational therapy
				services;
(vi) physical therapy
				services;
(vii) psychology
				services;
(viii) self-care
				services;
(ix) social work
				services;
(x) speech pathology
				services; and
(xi) therapeutic
				recreational services.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 690 - Day Treatment Services to Persons with Developmental Disabilities › Section 690.6 - Standards of certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				OPWDD shall verify (see glossary) that each operator of a Part 690 certified
				day treatment facility has annually submitted the names and addresses of the
				current members of its governing body to the commissioner in accordance with
				the requirements of section 13.39  of the Mental Hygiene Law.
(b) OPWDD shall verify that the governing
				body has established, maintained, and implemented a plan of organization for
				the facility which accurately indicates lines of account ability, the nature of
				professional responsibility to be exercised, and the professional
				qualifications required.
(c) OPWDD
				shall verify that since the last survey:
(1)
				any new/revised policies have been provided to the governing body;
(2) any new/revised policies have been
				distributed to staff, and, when applicable, staff have been advised or trained
				regarding their responsibilities; and
(3) staff are knowledgeable regarding their
				responsibilities under any new/revised policies/procedures.
New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 690 - Day Treatment Services to Persons with Developmental Disabilities › Section 690.7 - Fee-setting and financial reporting for day treatment facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Rates of
				payment made for day treatment services rendered to title XIX recipients shall
				be at the levels set forth in the approved New York Medicaid State Plan. The
				rates shall be contingent upon Federal financial participation (FPP) and
				approval.
(b)
Reporting
				requirements.
(1) Each provider shall
				submit reports in accordance with the requirements of Subpart 635-4 of this
				Title.
(2) Each provider shall
				report on its cost report the amount of funded depreciation for each of its day
				treatment programs and expenditures from funded depreciation for each of its
				day treatment programs. See clauses
				(d)(2)(ii)(
d
)-(
e
) and paragraph (e)(6) of
				this section.
(3) For purposes of
				this section a day treatment program shall be defined as budget-based if such
				program did not submit a 12-month cost report for either the January 1, 1988
				through December 31, 1988, or July 1, 1988 through June 30, 1989 cost-reporting
				period. Budget information shall include 12 months of projected units of
				service in accordance with clause (e)(1)(i)(
c
) of this
				section, a participant roster and a completed Developmental Disabilities
				Profile (DDP) for each participant.
(4) Each agency operating a day treatment
				program shall submit, with its cost report, a listing of the persons who were
				enrolled in the program during the period covered by the cost report.
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 700 - Administrative Adjudication Process For Substantiated Cases Of Abuse And Neglect › Section 700.1 - Background and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Justice
				Center for the Protection of People with Special Needs was established in
				response to the recognized need to strengthen and standardize the safety net
				for vulnerable persons who receive care from New York State's human services
				agencies.
(b) The Justice Center is
				required to establish a process by which persons found to have a substantiated
				case of abuse or neglect may appeal such a finding. Pursuant to Social Services
				Law section 494(1)(a), such appeals process must include a process by which the
				subject of a substantiated report of abuse or neglect is notified of the right
				to appeal and the procedure by which he or she may challenge the determination
				that a report is substantiated, with a de novo standard of review.
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 700 - Administrative Adjudication Process For Substantiated Cases Of Abuse And Neglect › Section 700.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall apply to all adjudicatory proceedings
				  conducted pursuant to Social Services Law section 494 to determine whether a
				  preponderance of the evidence shows that the subject of a substantiated report
				  of abuse or neglect has committed the act or acts of abuse or neglect giving
				  rise to the substantiated report.
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 700 - Administrative Adjudication Process For Substantiated Cases Of Abuse And Neglect › Section 700.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever used in this Part:
(a) Executive director means the executive
				director of the Justice Center for the Protection of People with Special Needs
				(Justice Center) or the executive director's designee.
(b) Justice center means the Justice Center
				for the Protection of People with Special Needs.
(c) Administrative law judge means an
				attorney employed by the Justice Center who has been designated and authorized
				by the executive director to preside at hearings held under this
				Part.
(d) Subject means a person
				named in a substantiated report of abuse or neglect as having committed an act
				or acts of abuse or neglect.
(e)
				Hearing means an administrative proceeding held pursuant to this Part wherein
				the subject of a report of abuse or neglect is seeking relief from a
				determination denying a request to amend a substantiated report of abuse or
				neglect.
(f) Substantiated report
				means a report of abuse or neglect wherein a determination has been made as a
				result of an investigation that there is a preponderance of the evidence that
				the alleged act or acts of abuse or neglect occurred, that any such act or acts
				committed by the subject constitute abuse or neglect and, pursuant to Social
				Services Law section 493(4), a determination of the category level of such act
				or acts.
(g) Abuse or neglect means
				all reportable incidents as defined in Social Services Law section 488(1)(a)
				through (h). It does not include significant incidents defined in Social
				Services Law section 488(1)(i).
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 700 - Administrative Adjudication Process For Substantiated Cases Of Abuse And Neglect › Section 700.4 - Initiation of request for amendment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Justice Center shall provide the
				subject of a substantiated report of abuse or neglect with written notice of
				the findings of the report, and the subject has the right to request an
				amendment of the report.
(b) The
				request for amendment of the substantiated report of abuse or neglect shall be
				a written statement signed by the subject or representative setting forth the
				basis for the request.
(c) The
				request for amendment of the substantiated report of abuse or neglect shall be
				received by the Justice Center within 30 days of the subject of the report
				being notified that the report is substantiated.
(d) The 30-day time period shall commence
				from the date of mailing of the notice of the substantiated report to the
				subject, provided that 10 days shall be excluded from the calculation of the
				time period to account for mailing.
(e) In his or her sole discretion, the
				executive director shall have the authority in extraordinary circumstances to
				accept a request for amendment after the expiration of the time period set
				forth in subdivision (c) of this section, when an injustice would result from
				the failure to permit the late filing of the request for amendment.
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 700 - Administrative Adjudication Process For Substantiated Cases Of Abuse And Neglect › Section 700.5 - Review based upon request for amendment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Justice Center shall maintain an
				administrative appeals unit to conduct reviews of substantiated reports that
				may be requested by subjects pursuant to Social Services Law section 494(1)(a).
				The administrative appeals unit shall conduct and complete such reviews of the
				substantiated report based upon the subject's request for amendment as
				expeditiously as possible after receipt of the record for review, which shall
				include the investigative file, the substantiated report, the subject's request
				for amendment and any additional evidence submitted by the subject.
(b) The administrative appeals unit shall
				determine after a review of all records, reports and information in its
				possession concerning the substantiated report whether there is a preponderance
				of the evidence to find that the subject committed an act or acts of abuse or
				neglect giving rise to the substantiated report, and if there is a
				preponderance of the evidence, the category level of abuse or neglect that such
				act or acts constitute.
(c)
				Following its review, the administrative appeals unit shall notify the subject
				of its findings, which may include:
(1)
				upholding the report in its entirety;
(2) modifying the report; or
(3) finding that the report is
				unsubstantiated.
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 700 - Administrative Adjudication Process For Substantiated Cases Of Abuse And Neglect › Section 700.6 - Right to a hearing/hearing issues

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After review by the administrative
				appeals unit, a subject of a substantiated report of abuse or neglect has a
				right to a hearing before an administrative law judge pursuant to Social
				Services Law section 494 to determine whether the findings of the report should
				be amended.
(b) The issues at the
				hearing are whether the subject has been shown by a preponderance of the
				evidence to have committed the act or acts giving rise to the substantiated
				report, and if there is a finding of a preponderance of the evidence, whether
				the substantiated allegations constitute abuse or neglect, and pursuant to
				Social Services Law section 493(4), the category level of abuse or neglect that
				such act or acts constitute.
(c)
				The subject of a substantiated report of abuse or neglect may retain counsel at
				his or her own expense and may be represented by such counsel at the
				pre-hearing conference and the hearing.
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 700 - Administrative Adjudication Process For Substantiated Cases Of Abuse And Neglect › Section 700.7 - Notice of the pre-hearing conference

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A hearing shall be initiated by the
				administrative law judge scheduling a pre-hearing conference after a finding by
				the administrative appeals unit that a report is substantiated.
(b) All pre-hearing conferences shall be
				scheduled by a written notice issued to the subject.
(c) The notice of pre-hearing conference
				shall specify the date, time and place for the pre-hearing conference, and
				shall include a statement informing the subject of the procedures for
				requesting and granting adjournments and the consequence of failing to appear
				as directed at the pre-hearing conference.
(d) The notice of pre-hearing conference
				shall further include a statement of the following: the right of the subject to
				retain counsel at his or her own expense and be represented by an attorney or
				representative, the right of the subject to present evidence on his or her
				behalf, to produce witnesses, to cross-examine witnesses and to review
				documents that the Justice Center intends to offer into evidence at the
				hearing.
(e) The notice of
				pre-hearing conference shall be mailed at least 20 days prior to the date of
				the pre-hearing conference.
(f) If
				the subject does not want to proceed to a hearing, he or she shall have the
				option to decline participation in the pre-hearing conference.
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 700 - Administrative Adjudication Process For Substantiated Cases Of Abuse And Neglect › Section 700.8 - Pre-hearing conference

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For the
				convenience of the administrative law judge or the parties, the administrative
				law judge may conduct the pre-hearing conference by telephone or video
				conference.
(b) At the pre-hearing
				conference, the parties shall identify and exchange witness information and
				evidence that the parties intend to introduce at the hearing. The parties shall
				not be precluded from exchanging witness information and evidence after the
				pre-hearing conference, and, at the discretion of the administrative law judge
				upon a finding that no other party will be prejudiced by such delay, either
				side may call witnesses and present evidence at the hearing even if such
				evidence and such witnesses were not identified prior to the date of the
				hearing. If the pre-hearing conference is conducted by telephone or video
				conference, the parties shall exchange evidence by e-mail, regular mail or any
				other manner convenient and mutually agreeable to the parties, as long as the
				manner of exchange will not cause a delay in the hearing and is adequate to
				protect the confidentiality of such evidence.
(c) At the pre-hearing conference, the
				parties should notify the administrative law judge that an interpreter is
				needed at the hearing; provided, however, that a failure to provide such notice
				shall not preclude a later request for an interpreter.
(d) The administrative law judge shall
				address other administrative matters as deemed necessary to complete a timely
				hearing.
(e) The date for the
				hearing shall be scheduled at the pre-hearing conference.
(f) The failure of the parties to appear at
				the pre-hearing conference shall result in a default order, except upon a
				showing of good cause.
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 700 - Administrative Adjudication Process For Substantiated Cases Of Abuse And Neglect › Section 700.9 - Responsibilities of the administrative law judge

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The administrative law judge shall
				conduct all proceedings in a fair and impartial manner.
(b) The administrative law judge shall not
				communicate directly or indirectly in connection with any issue that relates in
				any way to the merits of a pending adjudicatory proceeding with any party
				except upon notice and opportunity for all parties to participate.
(c) The administrative law judge shall have
				the power to:
(1) rule upon applications and
				requests, including requests for adjournments;
(2) set the date, time and place of the
				hearing;
(3) administer oaths and
				affirmations;
(4) issue subpoenas
				requiring the attendance and testimony of witnesses and production of books,
				records, and other evidence;
(5)
				examine witnesses;
(6) admit and
				exclude evidence;
(7) limit the
				number of times any witness may testify, repetitious examination or
				cross-examination, and the amount of corroborative or cumulative
				testimony;
(8) request and/or hear
				oral arguments;
(9) request written
				arguments; and
(10) take necessary
				measures for the maintenance of order and the efficient conduct of the hearing,
				and conduct the hearing in accordance with the requirements of due
				process.
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 700 - Administrative Adjudication Process For Substantiated Cases Of Abuse And Neglect › Section 700.10 - Conduct of the hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				administrative law judge shall preside at the hearing and make all procedural
				rulings. For the convenience of the administrative law judge or the parties,
				the administrative law judge may conduct the hearing by video conference. The
				parties shall be given notice thereof and shall on timely request be afforded
				an opportunity prior to a decision to conduct the hearing by video technology
				to be heard on their respective positions.
(b) Appearances.
(1) A party may appear in person or by
				counsel.
(2) Any person appearing
				on behalf of a party in a representative capacity when that party is not
				present at the hearing shall be required to show his or her authority to act in
				such capacity and shall file a notice of appearance with the administrative law
				judge.
(3) If a party fails to
				appear at the hearing and no adjournment has been requested and granted for
				cause, the administrative law judge shall recommend a default order.
(4) At any time before a report and
				recommendation is submitted to the executive director, the administrative law
				judge may relieve any party of the consequences of a default upon good cause
				shown.
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 700 - Administrative Adjudication Process For Substantiated Cases Of Abuse And Neglect › Section 700.11 - Hearing record

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A verbatim
				recording shall be made of the hearing, in any manner that is capable of
				accurately recording the hearing.
(b) A transcript of the hearing shall be made
				available to any party upon request and payment of the cost of the transcript.
				If more than one party requests transcription of the hearing, then the cost of
				transcription shall be divided equally between those parties.
(c) The hearing record may include but is not
				limited to: all notices, including the notice of pre-hearing conference and the
				notice of hearing; any motions submitted and rulings thereon, including any
				request for recusal of an administrative law judge; the recording of the
				proceedings and testimony taken at the hearing; exhibits; matters officially
				noticed; stipulations and memoranda of law filed in connection with the
				hearing; and the administrative law judge's report and
				recommendation.
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 700 - Administrative Adjudication Process For Substantiated Cases Of Abuse And Neglect › Section 700.12 - Administrative law judge's report and recommendations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At the conclusion of the hearing, the
				administrative law judge shall issue a report and recommendation, which shall
				set forth his or her determination of the issues. The report and recommendation
				shall be based solely upon the evidence presented at the hearing and shall set
				forth the reasons and factual basis for the determination. The report shall
				include a description of the issues, a recitation of relevant facts, an
				assessment of the credibility of testifying witnesses, the applicable statutory
				and regulatory authority, findings of fact, conclusions of law and the
				administrative law judge's recommendation to the executive director.
(b) Findings of fact must be based
				exclusively on the record of the hearing.
(c) The administrative law judge shall attach
				to the report and recommendation a list identifying each exhibit admitted into
				evidence, including the exhibit number or letter and the number of
				pages.
(d) A copy of the written
				report and recommendation shall be provided to the executive director along
				with the hearing record.
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 700 - Administrative Adjudication Process For Substantiated Cases Of Abuse And Neglect › Section 700.13 - Executive director's final determination

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After receipt of the administrative law
				judge's report and recommendation and the hearing record, the executive
				director or his or her designee shall make a final determination. The final
				determination of the executive director or designee shall be in writing and
				embodied in an order. The order shall be based exclusively upon the record of
				the hearing and shall contain findings of fact and conclusions of law. If the
				final determination of the executive director or designee conflicts with the
				administrative law judge's report and recommendation, the executive director or
				designee shall set forth the reasons in the order. A copy of the written order
				shall be mailed to each party, or at the option of the parties, an electronic
				copy of such order shall be transmitted to each party.
(b) The order shall contain notice of the
				right to seek review of the order pursuant to article 78 of the Civil Practice
				Law and Rules.
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 700 - Administrative Adjudication Process For Substantiated Cases Of Abuse And Neglect › Section 700.14 - Finality

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				determination of the executive director or his or her designee shall be final
				and is not subject to further administrative review.
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 701.1 - Background and Intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Justice
				Center for the Protection of People with Special Needs was established in
				response to the recognized need to strengthen and standardize the safety net
				for vulnerable persons who receive care from New York State's human services
				agencies.
(b) Prior to the passage
				of the Protection of People with Special Needs Act (chapter 501 of the Laws of
				2012), human services agencies were authorized, by law, to conduct criminal
				history information checks of certain individuals. The Protection of People
				with Special Needs Act seeks to standardize the review process and centralizes,
				in the Justice Center, the criminal history information check and suitability
				determination process for facilities or providers under the Justice Center
				mandate that are overseen by the Office of Mental Health, the Office for People
				with Developmental Disabilities and the Office of Children and Family
				Services.
(c) The purpose of this
				Part is to establish the procedures for conducting these criminal history
				information checks and resulting suitability determinations.
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 701.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part shall
				apply to providers of services that are required to obtain criminal history
				information checks for specific persons pursuant to section 16.33 or
				31.35  of the Mental Hygiene Law.
(b) The provisions of this Part shall also
				apply to authorized agencies as defined in subdivision (10) of section 371  of the Social Services Law which operate
				a residential program for children and the Office of Children and Family
				Services in relation to any juvenile justice program it operates as specified
				in subdivision (1) of section 378-a  of the Social Services Law,
				excluding foster family homes.
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 701.3 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Subdivision (5)
				of section 553  of the Executive Law authorizes the
				Justice Center to review and evaluate criminal history information in certain
				situations.
(b) Section 16.33  of the Mental Hygiene Law provides
				that certain providers of services for persons with developmental disabilities
				must request through the Justice Center, a criminal history information check
				for specified persons.
(c) Section 31.35  of the Mental Hygiene Law provides
				that certain providers of services for persons with mental illness must request
				a criminal history record check for specified persons. In accordance with
				section
				550.5 
				of this Title, the Office of Mental Health has delegated any responsibility it
				may have for these checks to the Justice Center for review and evaluation of
				background checks for providers for whom the Justice Center has authority to
				perform such review and evaluation pursuant to subdivision (5) of section 553  of the Executive Law.
(d) Subdivision (1) of section 378-a  of the Social Services Law provides
				that each authorized agency which operates a residential program for children
				and the Office of Children and Family Services in relation to any juvenile
				justice program it operates, shall request, through the Justice Center, a
				criminal history information check for each prospective operator, employee or
				volunteer of such residential program for children or juvenile justice program
				who will have regular and substantial unsupervised or unrestricted physical
				contact with children in such program.
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 701.7 - Notification of subsequent criminal charges

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon receiving notification from the
				division that there is a pending criminal action or proceeding with regard to a
				subject individual, the Justice Center shall promptly notify the authorized
				person of a provider of services of the allegation.
(b) Upon receiving notification from the
				Justice Center of the pending criminal action or proceeding, the provider of
				services shall take any and all appropriate action to protect the health,
				safety and welfare of individuals receiving services. Such action or actions
				shall be documented in a safety assessment. In cases involving pending criminal
				actions or proceedings against subject individuals, it shall be the
				responsibility of the provider of services to inquire of the subject individual
				about the outcome of such proceedings if the subject individual remains in
				service with the provider.
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 701.8 - Responsibilities of providers of services

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Recordkeeping.
(1) Each provider of services subject to the
				provisions of this Part shall establish and maintain the following records:
(i) the results of the check of the Justice
				Center's register of substantiated category one cases of abuse or neglect, also
				known as the staff exclusion list;
(ii) for each subject individual, a copy of
				his or her fully executed and signed applicant consent form for fingerprinting
				required pursuant to sections 553 and
				845-b  of the Executive Law and section
				701.5 
				of this Part; and
(iii) a
				documented safety assessment if the provider of services has received a
				subsequent arrest notification on a subject individual.