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 701.8 - Responsibilities of providers of services
Universal Citation: 14 NY Comp Codes Rules and Regs ยง 701.8
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Recordkeeping.
(1) Each provider of services subject to the
provisions of this Part shall establish and maintain the following records:
(i) the results of the check of the Justice
Center's register of substantiated category one cases of abuse or neglect, also
known as the staff exclusion list;
(ii) for each subject individual, a copy of
his or her fully executed and signed applicant consent form for fingerprinting
required pursuant to sections 553 and
845-b of the Executive Law and section
701.5
of this Part; and
(iii) a
documented safety assessment if the provider of services has received a
subsequent arrest notification on a subject individual.
(2) Such records shall be maintained in a
manner that maintains the security of the information contained therein, but
which also enables the State agency with licensing and/or monitoring
jurisdiction over the provider to obtain immediate and unrestricted access to
such information upon its request, for the purpose of monitoring compliance
with its regulations.
(3) The
Justice Center's criminal background check (CBC) system application shall
maintain the names of all subject individuals for whom a request for a criminal
history information check was submitted to the Justice Center, identifying
whether he or she was applying for employment or a volunteer position; and the
results of the criminal history information check suitability determination of
the Justice Center.
(b) Notifications.
A provider of services' authorized person must immediately, but no later than 14 days after the event, notify the Justice Center by updating the applicant's or employee/volunteer's employment status in the Justice Center's CBC system application when:
(1) any subject individual who is subject to
a criminal history information check in accordance with this Part has withdrawn
the application or is no longer being considered for the position for which he
or she applied; or
(2) any subject
individual who was subject to, and underwent, a criminal history information
check in accordance with this section was hired, not hired or is no longer
employed by or volunteering at the program or facility;
(3) a provider of services' authorized person
must immediately notify the Justice Center when he or she temporarily approves
a subject individual to provide services while the results of the criminal
history information check are pending by updating the subject individual's
employment status in the Justice Center's CBC system application;
(4) a provider of services must immediately
notify the Justice Center when an authorized person so designated by the
provider will no longer be acting as an authorized person by submitting a
completed authorized person revocation form.
(c) Retention and disposal of information.
(1) Each provider of
services subject to the provisions of this Part shall maintain information
necessary to demonstrate compliance with this Part, as set forth in subdivision
(a) of this section, for at least six years after the subject individual is no
longer employed or volunteers in a position that involves regular and
substantial unsupervised or unrestricted physical contact with clients, unless
otherwise directed by the State agency with licensing and/or monitoring
authority over the provider.
(2) If
directed to do so by the Justice Center, a provider of services subject to this
Part shall dispose of the summary of the criminal history information and/or
any other information obtained about a subject individual in accordance with
such direction.
(3) Disposal of
criminal history information and/or any other information obtained about a
subject individual and Justice Center determinations shall be performed in a
manner that ensures the confidentiality of the information.
(d) Policies and procedures.
Each provider of services subject to the provisions of this Part shall have policies and procedures designed to implement the provisions of this Part.
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