§ 488 Definitions
§ 489 Applicability
§ 490 Incident Management Programs
§ 491 Duty to Report Incidents
§ 492 Vulnerable Persons’ Central Register
§ 493 Abuse and Neglect Findings; Consequences
§ 494 Amendments to and Appeals of Substantiated Reports of Abuse or Neglect
§ 495 Register of Substantiated Category One Cases of Abuse or Neglect
§ 496 Confidentiality
§ 497 Immunity From Liability

Terms Used In New York Laws > Social Services > Article 11

  • Abuse or neglect: shall mean the conduct described in paragraphs (a) through (h) of subdivision one of this section. See N.Y. Social Services Law 488
  • adverse effect: shall mean the unanticipated and undesirable side effect from the administration of a particular medication which unfavorably affects the well-being of a service recipient;

    (D) inappropriate use of restraints, which shall mean the use of a restraint when the technique that is used, the amount of force that is used or the situation in which the restraint is used is inconsistent with a service recipient's individual plan, generally accepted treatment practices and/or applicable federal or state laws, regulations or policies. See N.Y. Social Services Law 488

  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Custodian: means a director, operator, employee or volunteer of a facility or provider agency; or a consultant or an employee or volunteer of a corporation, partnership, organization or governmental entity which provides goods or services to a facility or provider agency pursuant to contract or other arrangement that permits such person to have regular and substantial contact with individuals who are cared for by the facility or provider agency. See N.Y. Social Services Law 488
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Delegate investigatory entity: shall mean a facility or provider agency, or any other entity authorized by the regulations of a state oversight agency or the justice center for the protection of people with special needs to conduct an investigation of a reportable incident. See N.Y. Social Services Law 488
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executive director: shall mean the executive director of the justice center for the protection of people with special needs as established by article twenty of the executive law. See N.Y. Social Services Law 488
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Justice center: shall mean the justice center for the protection of people with special needs. See N.Y. Social Services Law 488
  • Mandated reporter: shall mean a custodian or a human services professional, but shall not include a service recipient. See N.Y. Social Services Law 488
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Other persons named in the report: shall mean and be limited to the following persons who are named in a report to the vulnerable persons' central register other than the subject of the report: the service recipient whose care and treatment is the concern of a report to the vulnerable persons' central register, and the personal representative, if any, as defined in subdivision ten of this section. See N.Y. Social Services Law 488
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Personal representative: shall mean a person authorized under state, tribal, military or other applicable law to act on behalf of a vulnerable person in making health care decisions or, for programs that serve children under the jurisdiction of the state education department or the office of children and family services, the service recipient's parent, guardian or other person legally responsible for such person. See N.Y. Social Services Law 488
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • provider agency: shall mean :

    (a) a facility or program in which services are provided and which is operated, licensed or certified by the office of mental health, the office for people with developmental disabilities or the office of addiction services and supports, including but not limited to psychiatric centers, inpatient psychiatric units of a general hospital, developmental centers, intermediate care facilities, community residences, group homes and family care homes, provided, however, that such term shall not include a secure treatment facility as defined in section 10. See N.Y. Social Services Law 488

  • 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, physical injury or serious or protracted impairment of the physical, mental or emotional condition of a service recipient or causing the likelihood of such injury or impairment. See N.Y. Social Services Law 488

  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • restraint: shall include the use of any manual, pharmacological or mechanical measure or device to immobilize or limit the ability of a person receiving services to freely move his or her arms, legs or body. See N.Y. Social Services Law 488
  • service recipient: shall mean an individual who resides or is an inpatient in a residential facility or who receives services from a facility or provider agency. See N.Y. Social Services Law 488
  • State oversight agency: shall mean the state agency that operates, licenses or certifies an applicable facility or provider agency; provided however that such term shall only include the following entities: the office of mental health, the office for people with developmental disabilities, the office of alcoholism and substance abuse services, the office of children and family services, the department of health and the state education department. See N.Y. Social Services Law 488
  • Statute: A law passed by a legislature.
  • Subject of the report: shall mean a custodian, as defined in subdivision two of this section, who is reported to the vulnerable persons' central register for the alleged abuse or neglect of a vulnerable person as defined in subdivision eleven of this section. See N.Y. Social Services Law 488
  • Testify: Answer questions in court.
  • Vulnerable person: shall mean a person who, due to physical or cognitive disabilities, or the need for services or placement, is receiving services from a facility or provider agency. See N.Y. Social Services Law 488