§ 460-C — Inspection and supervision

§ 460-c. Inspection and supervision. 1. Excepting state institutions\nfor the education and support of the blind, the deaf and the dumb,\nfacilities subject to the approval, visitation and inspection of the\nstate department of mental hygiene or the state commission of\ncorrection, facilities operated by or under the supervision of the\ndivision for youth and facilities subject to the supervision of the\ndepartment of health pursuant to article twenty-eight of the public\nhealth law, the department shall inspect and maintain supervision over\nall public and private facilities or agencies whether state, county,\nmunicipal, incorporated or not incorporated which are in receipt of\npublic funds, which are of a charitable, eleemosynary, correctional or\nreformatory character, including facilities or agencies exercising\ncustody of dependent, neglected, abused, maltreated, abandoned or\ndelinquent children, agencies engaged in the placing-out or boarding-out\nof children as defined in section three hundred seventy-one of this\nchapter, homes or shelters for unmarried mothers, residential programs\nfor victims of domestic violence as defined in subdivision five of\nsection four hundred fifty-nine-a of this chapter and adult care\nfacilities.\n 2. Upon inspection of any facility subject to the inspection and\nsupervision of the department pursuant to subdivision one of this\nsection, inquiry may be made to ascertain:\n (a) whether the objectives of the facility or agency are being\naccomplished;\n (b) whether all applicable provisions of law and regulations of the\ndepartment are being fully complied with;\n (c) the general management and financial condition of the facility,\nincluding any sources of public funds received;\n (d) its methods of and equipment for scholastic and career education,\nand whether the same are best adapted to the needs of the residents and\nbeneficiaries;\n (e) its methods of administration;\n (f) its methods of and equipment for providing care, medical\nattention, treatment and discipline of its residents and beneficiaries,\nand whether the same are best adapted to the needs of the residents and\nbeneficiaries;\n (g) the qualifications and general conduct of its officers and\nemployees;\n (h) the condition of its grounds, buildings and other property; and\n (i) any other matter connected with or pertaining to its usefulness\nand good management or to the interests of its residents or\nbeneficiaries.\n 2-a. Special procedures relating to abuse and neglect of vulnerable\npersons. (a) If the report of an investigation of abuse or neglect is\nsubstantiated in accordance with article eleven of this chapter, the\ndirector or operator of a residential facility or program shall submit\nto the department, within ten business days of receipt of notice of the\nsubstantiated report, a written plan of prevention and remediation to be\ntaken with respect to the subject of such report to protect the\ncontinued health, safety and welfare of the service recipients and\nprovide for the prevention of future acts of abuse or neglect. The\ndepartment shall approve or disapprove such plan and specify necessary\nrevisions within ten days of its receipt and shall monitor its\nimplementation pursuant to the provisions of this chapter.\n (b) In the event an investigation of a report of alleged abuse or\nneglect determines that a preponderance of evidence of abuse or neglect\nexists and such abuse or neglect may be attributed in whole or in part\nto noncompliance by the facility or program with provisions of this\nchapter or regulations of the department applicable to the operation of\nsuch residential facility or program, the director or operator of such\nfacility or program shall, in consultation with officials of the\ndepartment responsible for the approval of operating certificates and\nfor monitoring the provision of protective services to service\nrecipients, develop a plan of prevention and remediation which shall be\nsubmitted to and approved by the department in accordance with time\nlimits established by regulations of the department. Implementation of\nsuch plan shall be jointly monitored by officials of the department\nresponsible for the approval of operating certificates and for\nmonitoring the provision of protective services to service recipients.\nIn reviewing the continuing qualification of a residential facility or\nprogram for an operating certificate, the department shall evaluate such\nfacility's or program's compliance with plans of prevention and\nremediation developed and implemented pursuant to this section.\n (c) Development and implementation of plans pursuant to this section\nshall, to the extent possible, be coordinated with remediation plans\nrequired by local social services districts.\n 3. With respect to any corporation heretofore or hereafter formed by a\nspecial act or under a general law, or any unincorporated organization,\ninstitution, facility or agency, which actually engages in any of the\naforementioned works but which is not in receipt of public funds, the\ndepartment is authorized to inspect and supervise with respect to the\nhealth, safety, treatment and training of its residents, or of the\nchildren under its custody.\n 4. The commissioner or any official so authorized by him may conduct\nany inquiry pursuant to the authority of section thirty-four of this\nchapter, in relation to any matter arising out of an inspection\nperformed pursuant to this title. Any officer or duly authorized\nemployee shall have full access to the grounds, buildings, books and\npapers relating to any such facility or agency and may require from the\nofficers and persons in charge thereof any information he may deem\nnecessary in the discharge of his duties. The department may establish\nrules according to which, and provide blanks and forms upon which, such\ninformation shall be furnished, in a clear, uniform and prompt manner.\n 5. Any officer, superintendent or employee of any such facility or\nagency who shall intentionally refuse to admit any officer or inspector\nof the department for the purpose of inspection, or shall intentionally\nrefuse or fail to furnish the information required by the department or\nany officer or inspector, shall be guilty of a misdemeanor.\n 6. The rights and powers conferred by this section may be enforced by\nan order of the supreme court after notice and hearing, or by indictment\nby the grand jury of the county, or both.\n 7. The inspection and supervision powers and duties of the\ncommissioner as established by this section may, in the case of any\nfamily type home for adults with a capacity of four or less, be\ndelegated in whole or in part, to the local commissioner of the social\nservices district in which such facility is located, and such local\ncommissioner shall make reports regarding such facility in such form and\nmanner and at such time as the department regulations may require.\n