§ 493. Abuse and neglect findings; consequences. 1. Within sixty days\nof the vulnerable persons' central register accepting a report of an\nallegation of abuse or neglect, the justice center shall cause the\nfindings of the investigation to be entered into the vulnerable persons'\ncentral register. The justice center may take additional time to enter\nsuch findings into the vulnerable persons' central register; provided,\nhowever, that the reasons for any delay must be documented and such\nfindings submitted as soon thereafter as practicably possible.\n 2. For substantiated reports of abuse or neglect in facilities or\nprovider agencies in receipt of medical assistance, such information\nshall also be forwarded by the justice center to the office of the\nMedicaid inspector general when such abuse or neglect may be relevant to\nan investigation of unacceptable practices as such practices are defined\nin regulations of the office of the Medicaid inspector general.\n 3. (a) A finding shall be based on a preponderance of the evidence and\nshall indicate whether: (i) the alleged abuse or neglect is\nsubstantiated because it is determined that the incident occurred and\nthe subject of the report was responsible or, if no subject can be\nidentified and an incident occurred, that, the facility or provider\nagency was responsible; or (ii) the alleged abuse or neglect is\nunsubstantiated because it is determined not to have occurred or the\nsubject of the report was not responsible, or because it cannot be\ndetermined that the incident occurred or that the subject of the report\nwas responsible. A report shall not be determined to be substantiated or\nunsubstantiated solely because the subject of a report resigns during an\ninvestigation.\n (b) In conjunction with the possible findings identified in paragraph\n(a) of this subdivision, a concurrent finding may be made that a\nsystemic problem caused or contributed to the occurrence of the\nincident.\n (c) The justice center shall notify the subject of the report, the\nfacility or provider agency where the abuse or neglect was alleged to\nhave occurred, the applicable state oversight agency and other persons\nnamed in the report, which includes the service recipient's parent,\nguardian or other person legally responsible for such person, of the\nfindings of the investigation and, as applicable, the local social\nservices commissioner or school district that placed the individual in\nthe facility or provider agency, the office of children and family\nservices and any attorney for the individual whose appointment has been\ncontinued by a family court judge during the term of an individual's\nplacement, in accordance with applicable state and federal laws and\nregulations governing the use and disclosure of records. If the report\nis substantiated, the justice center shall also notify the subject of\nthe report of his or her rights to request that the report be amended\nand the procedure by which he or she may seek to amend the report in\naccordance with section four hundred ninety-four of this article.\n (d) A report that is found to be unsubstantiated shall be sealed\nimmediately.\n 4. Substantiated reports of abuse or neglect shall be categorized into\none or more of the following four categories, as applicable:\n (a) Category one conduct is serious physical abuse, sexual abuse or\nother serious conduct by custodians, which includes and shall be limited\nto:\n (i) intentionally or recklessly causing physical injury as defined in\nsubdivision nine of section 10.00 of the penal law, or death, serious\ndisfigurement, serious impairment of health or loss or impairment of the\nfunction of any bodily organ or part, or consciously disregarding a\nsubstantial and unjustifiable risk that such physical injury, death,\nimpairment or loss will occur;\n (ii) a knowing, reckless or criminally negligent failure to perform a\nduty that: results in physical injury that creates a substantial risk
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