Relates to the requirement to check the justice center's register of substantial category one cases of abuse or neglect

Section 1 would also add a subparagraph (b) to subdivision 2 to allow all providers required to check the SEL to re-check it no more than once in any six-month period. It also would amend subdivision 3 of SSL § 495 to require the additional entities defined in subdivision 2 to make a decision about hiring an individual who is on the SEL in accordance with guidelines established by the Executive Director of the Justice Center.

Section 2 of the bill would amend SSL § 424-a(7) to clarify that a facility or provider agency as defined by SSL § 488(4) that is required to check the SEL is not required to conduct a subsequent check of the Statewide Central Register for Child Abuse and Maltreatment maintained by the Office of Children and Family Services if the potential employee is already on the SEL.

Section 3 of the bill would make it effective 60 days after it is signed into law.

Statement in support

Under SSL § 495 the Justice Center is responsible for maintaining a register of individuals who have been found to have a substantiated category one case of abuse or neglect, known as the Staff Exclusion List ("SEL"). Facilities and providers under the Justice Center's jurisdiction as defined in SSL § 488(4), other providers of services to vulnerable persons in programs licensed, certified or funded by the Office of Mental Health (OMH), the Office for People With Developmental Disabilities (OPWDD), the Office of Alcoholism and Substance Abuse Services (OASAS), the Office of Children and Family Services (OCFS), the Department of Health (DOH) and the State Education Department (SED) and other providers and licensing agencies defined in SSL § 424-a(3) and (4) are all required to check the SEL prior to determining whether to hire an individual who will have the

potential for regular and substantial contact with a service recipient.

SSL § 495 further provides that facilities or provider agencies that provide services to vulnerable persons in programs licensed or certified by OMH, OPWDD, OASAS, OCFS, DOH and SED shall not hire a person who is on the SEL if that person would be in a position to have regular and substantial contact with a service recipient. For those providers defined in SSL § 424-a(3) and (4), hiring decisions for persons on the SEL are governed by guidelines established by OCFS in consultation with relevant state agencies, but there is no mandatory bar to hiring for these providers.

A person can only be placed on the SEL after each allegation is thoroughly investigated and substantiated based upon a preponderance of evidence. The staff person has an opportunity to appeal the decision before permanently being placed on the SEL. Requiring providers to check the SEL prevents individuals who have already committed serious abuse or neglect against a vulnerable person from working with them again.

While many providers and facilities are required to check the SEL, there are additional entities that provide services and care to vulnerable populations that should have access to this information about potential employees. This proposed legislation would add nursing homes, home care and long term home health programs, all children's camps and all adult care facilities to the list of entities that must check the SEL. Currently, only children's camps that serve twenty percent or more of children with developmental disabilities and adult homes or enriched housing programs that have 80 or more beds and in which at least twenty-five percent of the residents are persons with serious mental illness are required to check the SEL. Expanding access to the SEL to these settings will help to provide these facilities and providers with critical information when making decisions about allowing an individual to interact with vulnerable persons. It also would address the concern that persons on the SEL who are currently barred from working in a facility or provider agency under the Justice Center's jurisdiction will instead seek employment at a facility or program providing services to vulnerable individuals that is not required or authorized to check the SEL.

The legislation also includes language to authorize subsequent checks of the SEL by employers. Currently, there is no mechanism for a provider or facility to check the SEL once an individual is hired. Often, individuals who provide services to vulnerable persons work in more than one facility or program. If an individual is substantiated for category one abuse or neglect in one setting, his or her other employer may not have knowledge of that finding. Allowing regular checks of the SEL by authorized entities would provide employers with important information about individuals working with vulnerable populations. This language authorizing subsequent checks mirrors the language that allows providers to re-check the Statewide Central Register for Child Abuse and Maltreatment.

Prior legislative history

This is a new bill.

Fiscal implications

This bill would be implemented within the Justice Center's existing resources.

Local impact

This bill would have no impact on local governments. EFFECTIVE DATE : This bill would take effect 60 days after it is signed into law.