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 701.4 - Definitions

(a) Authorized person means the individual(s) designated by a provider of services who is authorized to request, receive and review a summary of the New York State criminal history information in accordance with this Part.

(b) Commissioner means, as the context requires, the commissioners or their designees of the New York State Office of Mental Health, the New York State Office for People with Developmental Disabilities or the New York State Office of Children and Family Services.

(c) Criminal history information means a record of pending criminal charges, criminal convictions which are not vacated or reversed, and certificates filed with the New York State Division of Criminal Justice Services pursuant to subdivision (2) of section 705 of the Correction Law, and which the New York State Division of Criminal Justice Services is authorized to maintain pursuant to subdivision (6) of section 837 of the Executive Law. For purposes of this Part, criminal history information shall also include information from the Federal Bureau of Investigation (FBI) as a result of a national criminal history record check.

(d) Designated fingerprinting entity means an entity designated by the Justice Center to fingerprint persons who are required to have criminal history information checks in accordance with this Part.

(e) Division means the New York State Division of Criminal Justice Services.

(f) Executive director means the executive director of the Justice Center for the Protection of People with Special Needs or his or her designee.

(g) Natural person means a human being, as distinguished from an artificial person created by law (e.g., a corporation).

(h) Prospective employee means a prospective employee as referenced in section 16.33 or 31.35 of the Mental Hygiene Law or subdivision (1) of section 378-a of the Social Services Law, and any person to be employed or utilized by a provider of services and who will have regular and substantial unsupervised or unrestricted physical contact with individuals receiving services from providers specified in the respective statutes.

(i) Prospective volunteer means a person who has applied to participate in activities with or for the benefit of persons of a provider of services, under the supervision of staff or management of such provider, for which he or she receives no salary or remuneration, who will have regular and substantial unsupervised or unrestricted physical contact with individuals receiving services.

(j) Justice Center means the New York State Justice Center for the Protection of People with Special Needs.

(k) Operator means any natural person with an ownership interest in a provider of services.

(l) Provider of services means a provider of services, as defined in subdivision 4 of section 488 of the Social Services Law, which is required to request a criminal history information check pursuant to section 845-b of the Executive Law, section 16.33 or 31.35 of the Mental Hygiene Law, subdivision (1) of section 378-a of the Social Services Law, and this Part.

(m) Register of substantiated category one cases of abuse and neglect means the register established pursuant to section 495 of the Social Services Law, also known as the staff exclusion list, which is maintained by the Justice Center.

(n) Subject individual means a person with regard to whom a provider of services is required to request a criminal history information check pursuant to section 845-b and subdivision (5) of section 553 of the Executive Law, section 16.33 or 31.35 of the Mental Hygiene Law, subdivision (1) of section 378-a of the Social Services Law, and this Part.