§ 562. Abuse and neglect notification. * 1. Upon receiving a request
for criminal history information, pursuant to section eight hundred
forty-five-b of this chapter, for a prospective employee or volunteer of
a facility or provider licensed, operated, or certified by the office
for people with developmental disabilities, the justice center shall
furnish a summary of any substantiated reports in its possession
regarding a finding of category two conduct pursuant to section four
hundred ninety-three of the social services law, by a prospective
employee or volunteer, if all relevant hearings and appeals have been
exhausted. The justice center shall provide such summary report to the
authorized person as defined in paragraph (b) of subdivision one of
section eight hundred forty-five-b of this chapter and at that same time
furnish such documents to the prospective employee or volunteer at the
address for such person listed on the request.
* NB Effective until December 28, 2021
* 1. (a) Upon receiving a request for criminal history information,
pursuant to section eight hundred forty-five-b of this chapter, for a
prospective employee or volunteer of a facility or provider licensed,
operated, or certified by the office for people with developmental
disabilities, the justice center shall furnish a summary of any
substantiated reports in its possession regarding a final finding of
category two conduct pursuant to section four hundred ninety-three of
the social services law, by a prospective employee or volunteer. The
justice center shall provide such summary report to the authorized
person as defined in paragraph (b) of subdivision one of section eight
hundred forty-five-b of this chapter and at that same time furnish such
documents to the prospective employee or volunteer at the address for
such person listed on the request.
(b) Notwithstanding paragraph (a) of this subdivision, a facility or
provider licensed, operated or certified by the office for people with
developmental disabilities shall be provided a summary of any final
finding of category two conduct pursuant to section four hundred
ninety-three of the social services law, for a current employee or
volunteer, where the substantiated category two conduct in such summary
occurred at another facility or provider agency. The justice center
shall additionally provide such summary to the employee or volunteer if
such summary has not previously been provided.
(c) For the purposes of this subdivision, a final finding of category
two conduct shall mean a finding for which all relevant hearings and
appeals have been exhausted and has not been sealed in accordance with
section four hundred ninety-three of the social services law.
* NB Effective December 28, 2021
2. The summary report provided by the justice center to a provider of
services pursuant to subdivision one of this section shall be received
by the provider subject to the confidentiality provisions of subdivision
seven of section eight hundred forty-five-b of this chapter.