N.Y. Comp. Codes R. & Regs. tit. 14 § 702.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 702.3 - Legal authority

(a) The act provides for the creation of a Justice Center for the Protection of Persons with Special Needs (Justice Center).

(b) Section 492 of the Social Services Law mandates that the Justice Center establish a VPCR in which findings of whether alleged acts of abuse or neglect are substantiated or unsubstantiated shall be entered.

(c) Section 492 of the Social Services Law mandates that upon accepting a report of a reportable incident, an investigation must be initiated that includes the determination of whether the subject of the report is currently the subject of an open or substantiated report in the VPCR.

(d) Sections 493, 494 and 495 of the Social Services Law provide for the creation of a register of substantiated category one cases of abuse or neglect (the staff exclusion list), and describe the circumstances and due process requirements for placing a custodian on that register.

(e) Section 495 of the Social Services Law provides that a custodian placed on the staff exclusion list is subject to termination of employment from a facility or provider agency, provided that for State entities bound by collective bargaining, action established by collective bargaining shall govern.

(f) Subdivision (2) of section 495 of the Social Services Law requires a screening agency, as defined in this Part, to check the staff exclusion list before determining whether to hire or otherwise allow any person as an employee, administrator, consultant, intern, volunteer or contractor who will have the potential for regular and substantial contact with a service recipient or other applicable individual and before approving an applicant for a license, certificate, permit or other approval to provide care to a service recipient or other applicable individual.

(g) Paragraph (e) of subdivision (1) of section 96 of the Public Officers Law permits a State agency to disclose personal information incident to a routine use, which means any use of such record or personal information relevant to the purpose for which it was collected, and which use is necessary to the statutory duties of the agency that collected or obtained the record or personal information, or necessary for that agency to operate a program specifically authorized by law.

(h) Paragraph (c) of subdivision (1) one of section 94 of the Public Officers Law permits a State agency to obtain the social security number of an individual for purposes of a quasi-judicial determination.

(i) Paragraph (b) of subdivision (3) of section 399ddd of the General Business Law permits firms, partnerships, associations or corporations to require an individual to disclose or furnish his or her social security account number, when required by State or local law or regulation.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 702.3