Makes technical corrections to provisions of law relating to the protection of people with special needs

Summary of provisions

Section one of the bill would amend Mental Hygiene Law § 31.35(a) to make a technical correction to refer to the Justice Center for the Protection of People with Special Needs (Justice Center) instead of the Office of Mental Health (OMH).

Section two of the bill would amend Social Services Law §488(4)(e) to remove a mistaken reference to schools accepting students pursuant to emergency interim placements, because these placements are in out-of-state schools, for which there are different reporting requirements, as set forth in Social Services Law s 490(5).

Section three of the bill would amend the social services law to ensure that agencies that place out or board out children under section 371 of the social services law will continue to have access to certain criminal history information.

Section four of the bill provides that it shall take effect on the same date as the Protection of People with Special Needs Act (Chapter 501 of the Laws of 2012) becomes effective.

Existing law

The Protection of People with Special Needs Act amended Mental Hygiene Law § 16.33 to make the Justice Center, rather than Office for People with Developmental Disabilities (OPWDD), responsible for requesting and receiving criminal history information from the Division of Criminal Justice Services for conducting the statutorily required criminal history background checks for prospective operators, employees and volunteers of facilities or providers under the jurisdiction of OPWDD. A corresponding change was not made to Mental Hygiene Law § 31.35, for prospective operators, employees and volunteers of providers of services authorized by OMH.

The definition of a "facility" or "provider agency" in Social Services Law § 488(4), for purposes of reporting incidents to the Vulnerable Persons Central Register, includes certain private schools that have a residential program and provide special education services or programs. Social Services Law § 490(5) sets forth different reporting requirements for out-of-state schools.

Prior legislative history

This is a new bill.

Statement in support

One aspect of the Protection of People with Special Needs Act was to consolidate certain criminal history information check functions currently performed by OMH, OPWDD and the Office of Children and Family Services within the Justice Center. Therefore, the requirement in Mental Hygiene Law § 16.33 for OPWDD to

perform these background check functions was changed to require the Justice Center to perform these functions. A parallel reference in Mental Hygiene Law f 31.35 that required OMH to Perform these functions was not similarly amended. This bill would correct this oversight so that the Justice Center would be required to perform these functions.

The State Education Department has determined that the reference to schools accepting students pursuant to emergency interim placements is mistakenly included in the definition of facilities or providers contained in Social Services Law § 468(4). Emergency interim placements are put-of-state residential placements and the specific reporting requirements for out-of-state residential placements are contained in Social Services Law § 490(5), and not the general reporting requirements for in-state facilities and providers to which the definitions in section 488(4) apply. This bill would remove that mistaken reference in order to prevent army confusion among out-of-state schools concerning their reporting requirements.

Budget implications

None.

Effective date

This bill would take effect on the same day and in the same manner as the Protection of People with Special Needs Act (Chapter 501 of the laws of 2012) takes effect.