§ 31.30 — Abuse, neglect, and significant incidents involving vulnerable persons

New York § 31.30

• Jurisdiction: New York
• Law MHY: Mental Hygiene
• Title E: General Provisions
• Art. 31: Regulation and Quality Control of Services For the Mentally Disabled

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§ 31.30 Abuse, neglect, and significant incidents involving vulnerable\n persons.\n (a) The commissioner in consultation with the executive director of\nthe justice center for the protection of people with special needs,\nshall promulgate regulations establishing standards for the protection\nof service recipients in the care of facilities and provider agencies\noperated, licensed or certified by the office from reportable incidents\npursuant to article eleven of the social services law, including\nprocedures for:\n 1. consistent with appropriate collective bargaining agreements and\napplicable provisions of the civil service law, assisting the justice\ncenter for the protection of people with special needs with its review\nand evaluation of criminal background checks of prospective employees,\nas set forth in subdivision five of section five hundred fifty-three of\nthe executive law;\n 2. establishing minimal experiential and educational qualifications\nfor employees that are consistent with appropriate collective bargaining\nagreements and applicable provisions of the civil service law;\n 3. assuring adequate and appropriate supervision of employees,\nvolunteers and consultants;\n 4. demonstrating that appropriate action is taken to assure the safety\nof the service recipient as well as other persons in care, immediately\nupon notification that a reportable incident has been made in accordance\nwith article eleven of the social services law;\n 4-a. consistent with applicable collective bargaining agreements\nassuring that an individual who has committed a category one offense, as\ndefined in paragraph (a) of subdivision four of section four hundred\nninety-three of the social services law, that is included on the\nvulnerable persons' central register is not hired or otherwise used in\nany position in which such individual would have regular and substantial\ncontact with a service recipient in any program operated, licensed or\ncertified by the office;\n 5. removing a service recipient when it is determined that there is\nrisk to such person if he or she continues to remain in a facility; and\n 6. taking appropriate preventive and remedial actions, including legal\naction, consistent with appropriate collective bargaining agreements and\napplicable provisions of the civil service law. The commissioner shall\nadopt standards as established by the justice center for the protection\nof people with special needs, that:\n (i) administrators, employees, volunteers and consultants receive\ntraining in at least the following: abuse prevention and identification,\nsafety and security procedures, the principles of child development, the\ncharacteristics of persons in care and techniques of group management\nincluding crisis intervention, the laws, rules and regulations and\nprocedures governing the protection of vulnerable persons from\nreportable incidents and other appropriate topics; provided, however,\nthat the office may exempt administrators and consultants from such\nrequirements upon demonstration of substantially equivalent knowledge or\nexperience; and\n (ii) service recipients receive instruction consistent with their age,\nneeds and circumstances as well as the needs and circumstances within\nthe facility or program, in techniques and procedures that will enable\nthem to advocate and protect themselves from reportable incidents.\n The commissioner, in consultation with the executive director of the\njustice center for the protection of people with special needs, shall\ntake all reasonable and necessary actions to assure that employees,\nvolunteers or consultants in facilities operated or overseen by the\noffice are kept apprised on a current basis of all policies and\nprocedures relating to the protection of vulnerable persons and shall\nmonitor and supervise the provision of training to such administrators,\nemployees, volunteers, children and consultants. Standards developed\npursuant to this subdivision shall, to the extent possible, be\nconsistent with those promulgated by other state agencies for such\npurposes.\n (b) The commissioner shall provide necessary assistance to the justice\ncenter for the protection of people with special needs in the conduct of\ninvestigations pursuant to article eleven of the executive law, shall\nconsider its recommendations for appropriate preventive and remedial\naction including legal actions, and shall provide or direct a\nresidential facility licensed or operated by the office of mental health\nto provide written reports thereon to such justice center as to the\nimplementation of plans of prevention and remediation.\n (c) The commissioner shall provide for the development and\nimplementation of a plan of prevention and remediation with respect to a\nsubstantiated report of a reportable incident. Such action shall\ninclude:\n 1. within ten days of receipt of a substantiated report of a\nreportable incident, development and implementation of a plan of\nprevention and remediation to be taken to assure the continued health,\nsafety, and welfare of service recipients and to provide for the\nprevention of future acts of reportable incidents; and\n 2. development and implementation of a plan of prevention and\nremediation, in the event an investigation of a report of an alleged\nreportable incident determines that such report is substantiated and\nsuch reportable incident may be attributed in whole or in part to\nnoncompliance by the facility with provisions of this chapter or\nregulations of the respective office applicable to the operation of such\nfacility. Any plan of prevention and remediation required to be\ndeveloped pursuant to this subdivision by a facility supervised by the\noffice shall be submitted to and approved by such office in accordance\nwith time limits established by rules and regulations of such office.\nImplementation of the plan shall be monitored by such office or the\njustice center. In reviewing the continued qualification of a\nresidential facility or program for an operating certificate, the office\nhaving supervisory responsibilities shall evaluate such facility's\ncompliance with plans of prevention and remediation developed pursuant\nto this subdivision.\n