489 – Applicability.
§ 489. Applicability. The provisions of this article shall apply to facilities and provider agencies provided, however, nothing in this article shall be deemed to relieve any facility or provider agency or custodian thereof covered by this article of its or their obligations to comply with the requirements of federal laws or regulations to which […]
490 – Incident Management Programs.
§ 490. Incident management programs. 1. Each state oversight agency, as defined in this article, shall promulgate regulations approved by the justice center, that contain procedures and requirements consistent with guidelines and standards developed by the justice center, addressing the following issues relating to an incident management program; provided, however, that regulations of the state […]
491 – Duty to Report Incidents.
§ 491. Duty to report incidents. 1. (a) Mandated reporters shall report allegations of reportable incidents to the vulnerable persons’ central register as established by section four hundred ninety-two of this article and in accordance with the requirements set forth therein. (b) Allegations of reportable incidents shall be reported immediately to the vulnerable persons’ central […]
492 – Vulnerable Persons’ Central Register.
§ 492. Vulnerable persons’ central register. 1. There shall be established in the justice center a statewide vulnerable persons’ central register. The register shall: (a) receive reports of allegations of reportable incidents involving persons receiving services in facilities or provider agencies subject to the requirements of this article; (b) as warranted, refer reports alleging crimes […]
493 – Abuse and Neglect Findings; Consequences.
§ 493. Abuse and neglect findings; consequences. 1. Within sixty days of the vulnerable persons’ central register accepting a report of an allegation of abuse or neglect, the justice center shall cause the findings of the investigation to be entered into the vulnerable persons’ central register. The justice center may take additional time to enter […]
494 – Amendments to and Appeals of Substantiated Reports of Abuse or Neglect.
§ 494. Amendments to and appeals of substantiated reports of abuse or neglect. 1. (a) At any time subsequent to the completion of an investigation of an allegation of abuse or neglect, but in no event later than thirty days after the subject of the report is notified that the report is substantiated, the subject […]
495 – Register of Substantiated Category One Cases of Abuse or Neglect.
§ 495. Register of substantiated category one cases of abuse or neglect. 1. The justice center shall develop and maintain a register of subjects of reports who have been found to have a substantiated category one case of abuse or neglect, in accordance with paragraph (a) of subdivision four of section four hundred ninety-three of […]
496 – Confidentiality.
§ 496. Confidentiality. 1. Unless an investigation of a report conducted pursuant to this article has been substantiated, all information, including information identifying the subject of the report and other persons named in the report, shall be sealed forthwith by the vulnerable persons’ central register, the state oversight agency and the facility or provider agency. […]
497 – Immunity From Liability.
§ 497. Immunity from liability. Any person participating reasonably and in good faith in making a report, taking photographs, conducting or overseeing an investigation, operating the vulnerable persons’ central register or disclosing information in compliance with this article shall have immunity from any liability, civil or criminal, that might otherwise result by reason of such […]
488 – Definitions.
§ 488. Definitions. As used in this article, the following terms shall have the following meanings: 1. “Reportable incident” shall mean the following conduct that a mandated reporter is required to report to the vulnerable persons’ central register: (a) “Physical abuse,” which shall mean conduct by a custodian intentionally or recklessly causing, by physical contact, […]