Establishes within the department of mental hygiene a registry of persons terminated from employment for abuse, neglect or mistreatment of mentally disabled persons

BILL NUMBER:S2579

Title of bill

An act to amend the mental hygiene law, in relation to establishing a statewide central registry of employees of mental health and developmental disability facilities terminated from employment for abuse, neglect or mistreatment

Purpose

This legislation will prevent recidivism in abuse of people with developmental disabilities who reside at specialized facilities. Employers will be able to search central registry before hiring an employee to effectively research if the job applicant has been convicted of abuse, neglect or mistreatment at previous places of employment

Summary of provisions

Section One - Amends the mental hygiene law by adding a new section 5.11 to create a Statewide central registry of employees terminated for abuse, neglect or mistreatment.

Section One - Paragraph A directs the Commissioners of Mental Health and Developmental Disabilities to establish and maintain a statewide registry of persons who are or were subject to a criminal background history check pursuant to law and who were terminated from employment by any facility licensed, registered or certified by the office of mental health or the office for people with developmental disabilities on the basis of abuse, neglect or mistreatment.

Section One - Paragraph B states each facility has 15 days to transmit the requisite information to the registry.

Section Two - States this act shall take effect on the first January next succeeding the date on which it shall have become law.

Justification

The people in the State of New York who are most vulnerable to abuse, are persons with mental handicaps, who often at times cannot protect themselves. We must do everything to ensure that those in our society who are most vulnerable, are protected. Since they cannot advocate for themselves it is our job to ensure that they are protected to the fullest possible extent.

By mandating that persons working with the special needs population, be placed on a list if they are convicted of abuse we will ensure that New York State's most vulnerable population will not be subject to a constant cycle of abuse, which exists in today's system. Abusive workers should not be passed from program to program allowing them to continuously victimize those who cannot defend themselves.

Legislative history

5/3/11 Referred to Mental Health and Development Disabilities 1/4/12 Referred to Mental Health and Development Disabilities

Fiscal implications

To be determined.

Effective date

This act shall take effect on the first January next succeeding the date on which it shall have become law.