Requires a criminal history report for certain employment or volunteer applicants to the office for people with developmental disabilities

1 Co-sponsor

• Tony Avella

BILL NUMBER:S3847

Title of bill

An act to amend the mental hygiene law and the executive law, in relation to directing the commissioner of the office for people with developmental disabilities to promulgate regulations authorizing the denial or disapproval of certain employment or volunteer applications following a criminal history report for such applicant

Purpose

The purpose of this bill is to keep individuals with a history of violence or criminal records from working with patients at OPWDD facilities.

Summary of specific provisions

Section one amends section 13.19 of the mental hygiene law by adding a new subdivision (e) requiring a criminal history report for any prospective employee to have direct patient contact.

Section two amends subdivision 8-a of section 837 of the executive law which addresses supply of criminal history reports at no cost to include those requested under mental hygiene law.

Justification

Those working at the homes which care for the disabled in the state have a very difficult job. Unfortunately, there have been recent cases, including the 2007 death of Jonathan Carey at the O.D. Heck facility, near Albany, where the 13 year old autistic boy was suffocated to death by an employee there who had a criminal record.

According to a NY Times article entitled. "A Disabled Boy's Death, and a System in Disarray," the standards for hiring at these facilities is very low. This puts our most vulnerable population at risk, and we must do our part to ensure they are not harmed by the very people we hire to take care of them.

Legislative history

2014: Referred to Mental Health and developmental disabilities/ A.865 Referred to Mental Health 2012: S.6326 - Reported to Finance/A.8667 -Referred to Mental Health

Fiscal implications

None.

Effective date

This act shall take effect immediately.