New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS
Part 701 - JUSTICE CENTER CRIMINAL HISTORY INFORMATION CHECKS
Section 701.3 - Legal base
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Subdivision (5) of section 553 of the Executive Law authorizes the Justice Center to review and evaluate criminal history information in certain situations.
(b) Section 16.33 of the Mental Hygiene Law provides that certain providers of services for persons with developmental disabilities must request through the Justice Center, a criminal history information check for specified persons.
(c) Section 31.35 of the Mental Hygiene Law provides that certain providers of services for persons with mental illness must request a criminal history record check for specified persons. In accordance with section 550.5 of this Title, the Office of Mental Health has delegated any responsibility it may have for these checks to the Justice Center for review and evaluation of background checks for providers for whom the Justice Center has authority to perform such review and evaluation pursuant to subdivision (5) of section 553 of the Executive Law.
(d) Subdivision (1) of section 378-a of the Social Services Law provides that each authorized agency which operates a residential program for children and the Office of Children and Family Services in relation to any juvenile justice program it operates, shall request, through the Justice Center, a criminal history information check for each prospective operator, employee or volunteer of such residential program for children or juvenile justice program who will have regular and substantial unsupervised or unrestricted physical contact with children in such program.
