Makes technical changes to the protection of people with special needs act

This bill would make technical corrections to the Protection of People with Special Needs Act (PPSNA) (Chapter 501, Laws of 2012), which created the Justice Center for the Protection of People with Special Needs (Justice Center).

Summary of Provisions:

Section 1 amends Correction Law § 401-a to delete an obsolete reference to Article 45 of the Mental Hygiene Law, which was repealed in the PPSNA, and to instead reference Article 20 of the Executive Law, the Justice Center's enabling statute.

Sections 2, 3, 4, and 5 amend Education Law §§ 4212 (which applies to education programs for students who are deaf or blind), 4314 (which applies to the New York State School for the Blind), 4358 (which applies to the New York State School for the Deaf), and 4403 (which applies to children with handicapping conditions) to make conforming changes to reflect that: (1) the Justice Center only substantiates reports of abuse or neglect, and not reports of "significant incidents," and (2) the standard for substantiation by the Justice Center is a "preponderance .of the evidence". Sections 3, 4, and 5 of the bill also amend Education Law §§ 4314, 4358 and 4403 to add language identical to the language already contained in the analogous provision in Education Law § 4212. This language relates to the State Education Department promulgating regulations to assure that a person who is on the register of substantiated category one cases of abuse and neglect cannot be hired in a position in which he or she would have regular and substantial contact with a vulnerable person.

Section 6 amends Social Services Law § 413 to correct a provision of the PPSNA, which removed staff at residential facilities for children that are licensed, certified or operated by the Office of Children and Family Services from the list of mandated reporters who are required to report abuse and neglect to the Statewide Central Register (SCR).

Sections 7, 8, 9 and 10 of the bill amend Social Services Law 424-a(1)(a), (2)(a), (4) and 425(2) to delete mistaken references to Articles 13-a and 13-c of the Public Health Law when referring to the overnight, summer day and traveling summer day camps for children with developmental disabilities that are covered by the PPSNA. In addition, section 9 omits a reference to family care homes "which will serve children" in Social Services Law § 424-a(4), because the PPSNA mandated that all family care homes must undergo SCR checks on operators, not just those homes that serve children.

Section 11 amends Social Services Law § 488(4)(d), to add a comma to the definition of the types of camps covered by the PPSNA to clarify that an overnight camp for children with developmental disabilities is

different than a summer day or traveling summer day camp for such children.

Section 12 amends Social Services Law § 491(3)(a) to clarify that both types of mandated reporters - "custodians," defined to include directors, operators, employees, volunteers and contractors of facilities and provider agencies under the jurisdiction of the Justice Center, and "human services professionals" - may be subject to criminal liability for knowingly and willfully failing to report suspected abuse or neglect to the Justice Center. This section also amends § 491(4) to clarify that vendors or contractors of facilities and provider agencies under the jurisdiction of the Justice Center shall not take retaliatory action against a person who reports an incident to the Justice Center or cooperates in an investigation of such an incident. This amendment would allow these persons to be covered by the provision of the statute providing for injunctive relief to a victim of such retaliation.

Section 13 provides for an immediate effective date.

Existing Law:

The Justice Center is a new State agency with oversight over certain facilities and programs serving people with special needs that are operated by six different State agencies: the Office for People With Developmental Disabilities, the Office of Mental Health, the Office of Alcoholism and Substance Abuse Services, the Office of Children and Family Services, the Department of Health and the State Education Department. In the PPSNA, the Commission on Quality of Care and Advocacy for Persons with Disabilities was eliminated, and most of its functions were merged into the Justice Center.

Legislative History:

This is a new bill.

Statement in Support:

A number of the State agencies whose facilities and programs are under the oversight of the new Justice Center have recommended conforming changes and technical amendments to various statutes so that the provisions of the PPSNA can be implemented in the manner intended. This bill would make the requested changes.

Budget Implications:

This bill would be implemented within existing resources.

Effective Date:

This bill takes effect immediately.